Village of Westhampton Beach, NY Article XI Accessory Apartments

[Added 6-13-2005 by L.L. No. 5-2005]

§ 197-93 Placement of accessory apartments.

Accessory apartments shall only be permitted in the Residential R-2 and R-4 Zoning Districts, and they shall not be permitted in any other zoning district.

§ 197-93.1 Building permit; filing fees; inspection.

A. In order to construct an accessory apartment, the applicant shall apply for and receive a building permit from the Village of Westhampton Beach in the manner of all other applications for building permits.

B. No building permit for the addition of an accessory apartment which requires structural alterations to the exterior of an existing dwelling shall be issued by the Building Inspector until said application has been approved by the full Board of Architectural Review.

C. A permit for an accessory apartment shall be valid for a period of one year and shall expire one year from the date of issuance. The permit may be renewed for additional one-year periods, provided there have been no violations during the original one-year period or any renewal period.

D. The filing fee for an application for an accessory apartment permit or the filing fee for a renewal of the permit shall be fixed and established from time to time by the Board of Trustees. Where the application entails structural alteration of the dwelling, the applicant shall also pay all other applicable fees as provided under § 70-18 of the Village Code.

E. The Building Inspector shall conduct inspections of the accessory apartment prior to the issuance of the original permit to determine that all of the provisions of this section have been complied with and that all other statutes, codes, rules and regulations affecting health, safety and welfare have been complied with.

F. At the time the apartment is initially rented to a new tenant or at the time of renewal of the permit and there is a tenant renting the apartment, the owner shall provide documentation to the Building Inspector that demonstrates that the tenant shall meet one or more of the following criteria.

§ 197-93.2 Standards.

In addition to any other standards, codes, rules or regulations which may be applicable to the construction of an accessory apartment, including the Residential Code of New York State, the following standards shall be complied with:

A. General standards.

(1) The tenant is the owner or relative of the owner;

(2) The tenant is an active member of a volunteer fire department, ambulance corps or the tenant demonstrates a commitment of time on a regular basis to a charitable or not-for-profit corporation such as a hospital, hospice or school within the Town of Southampton;

(3) The tenant is employed by the Town of Southampton or Village of Westhampton Beach;

(4) The tenant is employed within the Town of Southampton;

(5) The tenant is a graduate of a high school located within the Town of Southampton;

(6) The owner decides to voluntarily reserve the apartment for low- or moderate-income housing and this apartment is restricted pursuant to a grant or subsidy from the federal government, State of New York or other municipal agency to provide low- or moderate-income housing. The Building Inspector may accept such restrictions in lieu of the restrictions set forth in this chapter.

B. Special standards.

(1) Owner occupancy required. The owner or owners of the lot upon which the accessory apartment is located shall reside either within the principal dwelling or the accessory apartment, and said dwelling shall be considered the owners' domicile or principal place of abode. No other owner or owners shall own a larger percentage, collectively or individually, than the owner-occupant.

(2) An accessory apartment shall only be permitted in a structure that has been issued a certificate of occupancy or a certificate of compliance prior to January 1, 2004, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status. Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for a single-family dwelling.

(3) The lot to which the accessory apartment is to be added shall have only one dwelling unit in existence on the lot at the time of application for an accessory apartment.

(4) No more than one accessory apartment shall be permitted on the lot.

(5) No nonconformities or violations of the Village Code shall exist at the time of application for an accessory apartment, or any renewals thereof, except as provided in Subsection B(6) below. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.

(6) The lot containing the dwelling to which the accessory apartment is to be added shall comply with the district area and dimensional regulations, except that a nonconforming lot may be eligible for an accessory apartment, provided that the lot area is not less than 70% of the required lot area for the zone it is located in. All other dimensional nonconformities shall not be less than 70% of the required setback or lot width requirements. Minimum and maximum sizes shall be as follows:

(a) The accessory apartment shall be a minimum of 400 square feet, and it shall not exceed 35% of the total floor area of the principal dwelling, but under no circumstances may an accessory apartment exceed a maximum floor area of 850 square feet of habitable floor area.

(b) Efficiency unit. Notwithstanding the aforementioned Subsection B(6)(a), an efficiency unit occupied by not more than two persons may have a clear floor area of not less than 220 square feet, exclusive of kitchen and bathroom areas.

(c) If an accessory apartment is to be constructed in an accessory structure, all finished spaces in that structure will count toward the maximum square footage of the accessory apartment.

(7) The accessory apartment shall contain no more than two conventional bedrooms.

(8) The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors.

(9) At least one off-street parking space shall be provided for on the lot for each bedroom in an accessory apartment, which spaces are in addition to the space(s) required for the main dwelling. The parking space(s) shall not be located in the required minimum front yard, except that a standard access driveway no more than 16 feet in width may be used for the parking of vehicles in the front yard as provided for in § 197-32C of the Village Code. The Building Department may require additional off-street parking spaces where the occupants of the dwelling or accessory apartment own more than one vehicle.

(10) An accessory apartment shall not be permitted on a lot on which exists a rooming house or boarders, home occupation, home professional office, preexisting accessory apartment or a preexisting detached building with sleeping quarters, two-family detached dwelling, multiple-family dwelling or any commercial use.

(11) If a second or new entrance to the accessory apartment is constructed, ground floor outside entrances to the accessory apartment shall be from the side or rear yard. Second floor outside entrances shall be from the rear yard.

(12) A dwelling to which the accessory apartment is to be added pursuant to this article shall not be eligible for a summer rental occupancy permit under Article V of this chapter.

(13) Only the owner-occupant of the residence may apply for this building permit and shall execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the Village as, upon recommendation of the Village Attorney, will ensure that:

(a) The principal dwelling or the apartment is the domicile of the owner-occupants.

(b) The principal dwelling or the apartment is the domicile of all tenants therein.

(c) The apartment or any proprietary or other interest therein will not be sold to the tenant or any other party, except as part of a sale of the entire residence in which the apartment is located.

(d) All leases of the rental apartment shall be in writing and made available to the Village Building Department upon request and shall be for a minimum of a one-year term.

(e) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom.

(f) Any other conditions deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community and to ensure minimal impact on the neighborhood structure is met.