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.
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.