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
of the fee owner, or a blood relative of the spouse of the fee owner,
of said single-family dwelling. Such special and permissive use, and
the location thereof, is permitted only if the Board of Appeals shall
approve by special permit.
[Amended 1-14-2013 by L.L. No. 1-2013]
B.
The Board of Appeals may, in each specific case and
after notice and public hearing, authorize such use and its location
within the district in which this chapter specifies the permissive
use may be located, subject, however to the general conditions prescribed
in this chapter for special permit approval and subject to the specific
conditions as follows:
(1)
Not more than one mother-daughter dwelling unit
may be located in a single-family detached dwelling.
(2)
The fee owner of the single-family detached dwelling shall occupy
one of the dwelling units, and a blood relative of the fee owner,
or blood relative of the fee owner's spouse, and family of the blood
relative shall occupy the other dwelling unit.
[Amended 1-14-2013 by L.L. No. 1-2013]
(3)
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.
(4)
No mother-daughter dwelling unit may be located
within an attached garage or within or above a detached garage. A
mother-daughter dwelling unit may be located above an attached garage,
provided that such dwelling unit is located at least five feet from
any side lot line.
(5)
Adequate off-street parking areas shall be provided on the site
and shall be available for use by each 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 section, "driveway" shall be
defined as a permanent paved surface leading from the garage to the
roadway in a straight line. If there are no garages, then parking
shall be suitably located, but not in the front yard setback except
on a driveway.
[Amended 1-14-2013 by L.L. No. 1-2013]
(6)
No portion of a mother-daughter dwelling unit
shall be located in a cellar or above a second floor.
(7)
No boarders or roomers shall be permitted in
a dwelling which has a mother-daughter residence.
(8)
The mother-daughter residence application shall be accompanied
by documentary proof of fee 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 fee owner or a blood relative of the fee owner's spouse.
Acceptable forms of documentary proof establishing proof of ownership
of the single-family detached dwelling shall be deemed to include,
but shall not be limited to, a deed or contract of sale to the dwelling.
Acceptable forms of documentary proof establishing the blood relative
relationship shall be deemed to include, but shall not be limited
to, birth certificate, marriage certificate, baptismal certificate,
adoption certificate, driver's license, passport and green card. The
names and ages of all occupants of the two dwelling units shall be
required to be declared on each application, and photographs of each
person, labeled for identification shall be submitted.
[Amended 1-14-2013 by L.L. No. 1-2013]
(9)
Every mother-daughter special use permit shall
be issued for a period not exceeding three years. The applicant may
reapply for another permit prior to such expiration.
(10)
The Village shall have the right to inspect
the premises during reasonable hours to ascertain whether the use
is in compliance with the terms and conditions of the Board of Appeals
and of this chapter. The applicant shall execute the consent for such
inspection which shall be filed with the deed to the premises in the
office of the Nassau County Clerk, at the applicant's expense, as
well as with the Village. Such consent shall additionally grant the
Village a right to reinspect at the end of any three-year term, even
if the use is allegedly discontinued.
(11)
A restrictive covenant shall be submitted to
the Board of Appeals and shall be filed with the deed to the premises
in the office of the Nassau County Clerk, at the applicant's expense,
which shall declare the limitations on the use of the mother-daughter
residence in accordance with the terms and conditions of the Board
of Appeals and of this chapter.
(12)
The mother-daughter special permit approval
shall terminate automatically prior to expiration upon the happening
of one or more 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 Appeals.
(c)
Violation of any other conditions of the special
use approval.
(13)
Fees for application and inspection shall be
as established by the Village Board at an open meeting. All special
permit approvals are made subject to payment of required fees and
expenses by the applicant.
(14)
Applications for mother-daughter residence special
permits shall be on forms prescribed by the Board of Appeals.
