[Added 3-7-2016 by L.L. No. 1-2016]
The purposes of this article are to:
Legalize and control accessory apartments in one-family dwellings in the Village of Irvington and to assure that accessory dwelling units meet applicable health, fire and safety standards.
Create small rental housing units without increasing building density, by utilizing existing housing stock and resources.
Provide economic support for resident individuals and families, particularly homeowners who would benefit from rental income and those of moderate means, for whom there are limited housing options in the Village.
Encourage diversity in the population of Irvington.
Promote the health, safety and welfare of the residents of the Village of Irvington.
No special permit for an accessory apartment pursuant to §§ 224-8D, 224-15A, 224-17A, and 224-36A(15) shall be authorized by the Planning Board unless the Planning Board finds that all of the following requirements are met:
The accessory apartment must be in a one-family dwelling in compliance with this Zoning Code.
The accessory apartment must be located in the principal building or in a permitted accessory building.
[Amended 5-21-2018 by L.L. No. 7-2018]
The owner of the single-family residence must occupy either the principal dwelling or the accessory apartment as a principal residence.
An accessory apartment shall not include more than two bedrooms.
The single-family residence for which the accessory apartment special permit is sought must have been in existence in its present size for at least five years prior to the application for the special permit.
No exterior changes shall be made to the building in which the accessory apartment is located that, in the opinion of the Planning Board, would alter the single-family character and appearance of the residence.
The accessory apartment shall not adversely affect the character of the neighborhood in which it is located. In applying this requirement, the Planning Board shall consider the effect of the proposed accessory apartment on parking, traffic, noise, congestion, appearance and any other factor that the Planning Board deems relevant to the character of the neighborhood. The Planning Board may refuse to issue a special permit if it finds that the number of such approved apartments in the neighborhood, including the one proposed, will adversely affect the character of the neighborhood.
The accessory apartment must comply with the New York State Uniform Fire Prevention and Building Code, including all requirements for a dwelling unit.
No violations of the Irvington Code shall exist at the time of application for an accessory apartment special permit.
No more than 50 accessory apartment special permits may be in existence at any one time. The limit on the number of accessory apartment special permits may not be varied by the Zoning Board of Appeals.
In addition to the procedures set forth in § 224-8F, the following requirements must be met for a special permit for an accessory apartment:
Notwithstanding § 224-8F(2), an applicant for a special permit for an accessory apartment shall provide:
A site plan prepared by a licensed professional indicating existing buildings, walkways, and the location of existing and proposed off-street parking.
The Building Inspector shall conduct a physical inspection of the proposed accessory apartment and the building in which it is located and report the results to the Planning Board.
In granting a special permit for an accessory apartment, the Planning Board shall have the authority to impose such reasonable restrictions and conditions as are consistent with the purposes of this article.
An accessory apartment special permit shall be issued for a period of not more than three years and may be renewed by application to the Planning Board. Prior to renewal of the special permit, the Building Inspector shall inspect the accessory apartment and determine that all requirements of this article are met. The Planning Board shall conduct a public hearing on the same notice as that required by § 224-8F.
An accessory apartment special permit shall expire automatically upon change of ownership of the building or when the owner ceases to occupy the residence. In such event, the tenant of the accessory apartment shall be permitted to remain in the apartment for 90 days, if the owner of the residence so consents, unless the Planning Board approves an additional extension of time.
In the event that a residence with a valid accessory apartment special permit is sold or transferred, the new owner may, within 90 days from the taking of title, apply for an accessory apartment special permit. The new owner must meet all the requirements set forth in § 224-201 in order to obtain a permit. If an application is submitted within the ninety-day period, the new owner shall not be deemed in violation of this article as long as the application is pending, notwithstanding the fact that the previous accessory apartment special permit expired. Should a new owner maintain an accessory apartment but fail to apply for a special permit within 90 days from the taking of title, the new owner shall be deemed in violation of this article.
Any owner who allows occupancy of an accessory apartment in violation of any provision of this article or any condition imposed by the Planning Board in granting the special permit shall be subject to the revocation of the accessory apartment special permit by the Planning Board.
In addition to the foregoing, any building owner who fails to obtain an accessory apartment special permit or who allows occupancy of an accessory apartment in violation of this article or any condition imposed by the Planning Board in granting the special permit shall be guilty of an offense punishable by a fine of not less than $2,000. Each month's continued violation shall constitute a separate additional violation.