[Added 6-26-2000 by L.L. No. 14-2000]
It is the purpose of this article to encourage residents of the Village of Massapequa Park who require mother-daughter housing arrangements to legally make such arrangements by means of a Village approval and permit system. It is also the purpose of this article to provide for the safety and appearance of mother-daughter residences as well as to maintain and preserve the single-family residential character of the Village and to protect the health, safety and welfare of the general public.
As used in this article, the following terms shall have the meanings indicated:
BLOOD RELATIVE
Any family member of the following group: parent, child, adoptive child, grandparent, great-grandparent or sibling.
BOARDER (or ROOMER)
An unrelated person (not a family member) occupying, on a transient basis, at least a single room in a dwelling.
FAMILY
[Amended 10-17-2016 by L.L. No. 5-2016]
A. 
One of the following:
(1) 
A group of people related by blood, marriage or legal adoption, living together in a dwelling unit, constituting a natural family; or
(2) 
No more than three unrelated persons living together in a dwelling unit; or
(3) 
Four or more persons living together in a dwelling unit who are not related by blood, marriage or legal adoption, who have overcome a presumption that they do not constitute a family by a determination that they are the functional equivalent of a natural family.
B. 
In determining whether a group of individuals is living together as the functional equivalent of a natural family, the following criteria must be present:
(1) 
The group is one which, in appearance, structure and function, resembles a natural family.
(2) 
The group must share the entire dwelling unit, including the cooking facilities, as a single housekeeping unit, use all rooms and housekeeping facilities in common and have access to all parts of the dwelling unit.
(3) 
The group is permanent and stable. Evidence of such permanency and stability may include:
(a) 
The presence of minor dependent children regularly resident in the household who are enrolled in local schools;
(b) 
Members of the group have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing taxes;
(c) 
Members of the group are employed in the area; and
(d) 
The group has been living together in the current dwelling unit, or elsewhere, for a continuous period of one year or more.
(4) 
Any other factors which may be determinative of whether or not the group is the functional equivalent of a natural family.
MOTHER-DAUGHTER DWELLING
A separate and second dwelling with a detached single-family dwelling which is occupied by a blood relative of the legal owner of the property or by the legal owner himself.
A. 
A detached single-family dwelling may be altered to include an additional kitchen facility and bedroom(s) for the sole use by a blood relative or the legal owner of said single-family dwelling. Such use shall only be permitted upon the prior written approval of the Village Board of Trustees and the issuance of a special use permit by the Building Department of the Village of Massapequa Park.
B. 
The Village Board of Trustees may approve and permit such use subject to the general guidelines and conditions set forth by the Board of Trustees and the following specific conditions:
(1) 
Not more than one mother-daughter dwelling unit may be located in a single-family dwelling.
(2) 
The legal owner of the single-family dwelling shall occupy one of the dwelling units, and the blood relative of the legal owner (and family of the blood relative, if applicable) shall occupy the other dwelling unit.
(3) 
A mother-daughter dwelling unit shall not be located within a garage, a basement or above a second floor.
(4) 
The single-family detached dwelling in which the mother-daughter dwelling unit is located must contain at least one unobstructed passageway between the main dwelling unit and the mother-daughter dwelling unit.
(5) 
Adequate off-street parking areas shall be provided on the site and shall be available for use by each dwelling unit. Not less than two off-street parking spaces shall be required for the main dwelling unit, and not less than one off-street parking space shall be required for the mother-daughter dwelling unit. No vehicles may be parked at other locations in order to meet the off-street parking requirements. No front yard area shall be used for parking, except on a driveway. For the purpose of this subsection, "driveway" shall be defined as a permanent paved surface.
(6) 
No boarders or roomers shall be allowed, under any circumstances, in a single-family dwelling, whether or not said dwelling is a mother-daughter dwelling unit.
(7) 
A mother-daughter residence application, duly notarized, shall be accompanied by documentary proof of legal ownership of the single-family detached dwelling and at least two forms of documentary proof establishing that the occupant of the mother-daughter dwelling unit is a blood relative of the legal owner. Acceptable forms of documentary proof shall be a certified copy of the recorded deed from the County Clerk's office for the subject property, and all owners shall have to execute an affidavit of relationship, duly notarized, both of which have to be given to the Village at the time of the legal owner's application. The names and ages of all occupants of the two dwelling units shall be required to be provided with each application. Clear and distinct photographs of each applicant or applicants, labeled for identification, shall be required to be provided to the Village with each application.
(8) 
A mother-daughter special use permit shall be issued for a period not exceeding one year and shall be renewed by the applicant or applicants in accordance with the procedures established by the Village Board of Trustees.
(9) 
The permit fee as set forth in the schedule of fees in § A350-1 is to be paid to the Village by said applicant or applicants; the annual renewal fee as set forth in the schedule of fees in § 350-1 is to be paid to the Village by said applicant or applicants.
[Amended 8-10-2005 by L.L. No. 4-2005]
(10) 
If the annual fee or renewal fee is not paid by the applicant or applicants to the Village when due, then the permit for the mother-daughter housing arrangement shall immediately cease and desist and shall become null and void and shall be of no force and effect.
The Village shall have the right to enter and inspect the premises with 48 hours' notice to the occupant of the premises during reasonable hours to ascertain whether the use of the premises is in compliance with the terms and conditions set forth in this article and those of the Village Board of Trustees. The applicant or applicants shall execute a written consent for such inspection at the time of application, and such consent shall be valid for the duration of the special permit issued for mother-daughter usage and for any renewal period thereafter. The Village shall have the right to reinspect the premises at the end of any one-year term, even if the special permit is not renewed.
The mother-daughter special use permit shall terminate immediately upon any of the following events:
A. 
Sale or lease of the dwelling in which the mother-daughter residence is located or any other change or transfer of title thereof.
B. 
Any change in occupancy of the dwelling which disqualifies the owner-blood relative relationship as approved by the Board of Trustees.
C. 
Violation of any other conditions of the special use permit as approved by the Board of Trustees.
Fees for application and inspection shall be as established by resolution of the Village Board of Trustees at an open meeting. All special permit approvals are made subject to payment of required fees and expenses by the applicant or applicants.
A. 
Applications for mother-daughter residential special permits shall be on forms, papers and documents prescribed and set forth by the Village Board of Trustees.
B. 
The mother-daughter usage application, papers, approval and permit process shall be subject to the rules and procedures of the Board of Trustees, which shall be empowered to establish any term or condition of the process not specifically provided for in this article.