[HISTORY: Adopted by the Board of Trustees
of the Village of Piermont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-6-1980 by L.L. No. 3-1980]
[Amended 11-1-2016 by L.L. No. 1-2017]
A.
The Piermont Village Board acknowledges that some long-term Piermont
residents may for various reasons, have space in their home to accommodate
a second dwelling unit in a manner that is safe and meets the requirement
of the New York State Fire and Building Codes. It is also acknowledged
that in the past for mainly economic reasons, some Piermont homeowners
have converted their one-family homes to illegal two-family dwellings
in order to generate additional income to offset the cost of living
in the Village.
B.
The Village Board understands that some long-term residents may desire
to continue to reside in the Village, but may face a hardship in being
unable to continue to afford to live in the Village for any number
of reasons, most particularly after one or more family members leave
the home.
C.
The Village Board is desirous of providing a means for long-time
residents to stay in the Village, and the intent of this article is
to provide a solution balancing the needs of such long-time residents
with the strong public interest the Village Board has in preserving
the single-family residential character of the Village to protect
the health, welfare and safety of the Village taxpayers.
This article shall be known as the "Special
Permit Law for Two-Family Dwellings."
As used in this article, the following terms
shall have the meanings indicated:
An owner of a single-family home in the Village of Piermont,
who has resided in the home as a primary residence for a minimum of
20 years (or for 10 years in the owner has been a continuous twenty-five-year
resident of the Village of Piermont). An owner may also be: 1) a corporate
entity provided that the individual holding a majority ownership interest
in the entity has resided in the home as a primary residence for a
minimum of 20 years (or for 10 years if the owner has been a continuous
twenty-five-year resident of the Village of Piermont); or 2) a trust
provided that the trust's beneficiary has resided in the home
as a primary residence for a minimum of 20 years (or for 10 years
if the owner has been a continuous twenty-five-year resident of the
Village of Piermont).
[Added 11-1-2016 by L.L.
No. 1-2017]
A dwelling or portion thereof providing complete living facilities
for one family.
Any number of individuals related by blood, marriage or adoption,
or not more than four persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
A two-family dwelling presently located in the Village, except
those two-family dwellings which are legally existing nonconforming
uses.
A building designed for and legally occupied exclusively
as a home or residence for two families. It includes two legally defined
dwelling units.
[Amended 8-5-1986 by L.L.
No. 8-1986; 11-1-2016 by L.L. No. 1-2017]
A.
Any Piermont homeowner (an "applicant'') may apply for
a special permit under this article to convert his/her existing single-family
home located in a residential zoning district to a two-family home
if he/she meets, in additional to the other standards set forth in
this article, the following minimum eligibility criteria:
(1)
The single-family home must be owner-occupied as a primary residence by an applicant as defined in § 149-3.
(2)
In the event that the special permit is granted pursuant to this
article, it shall be a condition of the same that:
(3)
The certificate of occupancy for the dwelling shall reflect that
the special permit shall be void upon the transfer of ownership, and
that the premises shall revert back to a single-family dwelling upon
the transfer of ownership.
(4)
The dwelling that is the subject of the application must be at least
15 years old.
(5)
There shall be no significant exterior change to the exterior of
the premises, or new structures added on to the property so as to
create the additional dwelling unit, which, in the opinion of the
Planning Board, alters the single-family character and appearance
of the residence.
(6)
The proposed apartment in the dwelling shall not include more than
two bedrooms.
(7)
The second dwelling unit shall comply with all New York State Fire
and Building codes, and notwithstanding anything to the contrary in
the Zoning Code,[1] shall be considered a "multiple dwelling" and therefore
subject to an annual inspection by the Piermont Fire Inspector to
ensure continuing compliance with the state codes.
(8)
The applicant must submit proof to the Building Department that any
lease for the second dwelling unit established pursuant to this article
shall be subject to the terms of the Special Permit.
(9)
The Zoning Board shall not be permitted to vary any of the minimum
eligibility requirements of this article.
B.
The Planning Board of the Village shall hear all special permit applications
and make final determination as to whether the applicant should be
granted a special permit.
(1)
Before such approval shall be given, the Planning Board shall determine:
(a)
That the proposed use will not interfere with permitted or legally
established uses in the district wherein the proposed use is to be
located, or of permitted or legally established uses in adjacent use
districts.
(b)
That the safety, health, welfare, comfort, convenience or the
order of the Village will not be adversely affected by the proposed
use and its location.
(c)
That the use will be in harmony with and promote the general
purpose and intent of this article.
(d)
The existing character of the neighborhood and the nature of
its probable future development.
(e)
The conservation of property values and the encouragement of
the most appropriate uses of land.
(f)
The effect that the proposed use may have upon the creation
or increase of vehicular traffic on a public street or highway. Particular
consideration should be given to proposed two-family uses within 200
feet of a house of worship, school, library, recreational area or
other place of public assembly.
(g)
The availability of off-street parking accessible to the proposed
use [minimally, an applicant must have 1 1/2 on-site parking
spaces per dwelling unit (a total of three parking spaces for each
two-family dwelling)]; the parking spaces must be suitably paved.
(h)
Whether the use or the structures to be used will cause an overcrowding
of the land or undue concentration of population.
(i)
Whether the plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated expansion thereof
(2)
The Planning Board shall, in authorizing such permissive uses, impose
such conditions and safeguards as it may deem appropriate, necessary
or desirable to preserve and protect the spirit and objectives of
this article.
[Amended 11-1-2016 by L.L. No. 1-2017]
A.
A public hearing shall be held for every application for a special
permit for a two-family dwelling. The Planning Board shall fix a time
and give public notice thereof by publication in the official newspaper
(at the applicant's expense) of such hearing at least five days
prior to the date of the public hearing.
B.
All applications shall be referred to the Building Inspector, the
Fire Inspector, and Village Engineer (at the applicant's expense).
The aforesaid persons and Boards shall review all applications and
report their recommendations to the Village Board, in writing, prior
to the public hearing, except that the Building Inspector, Fire Inspector
and Village Engineer may report orally to the Village Board at the
public hearing.
The applicant must file with the Building Department
12 copies of the following items:
A.
Floor plans (1/4 inch equals one foot).
B.
Site plan or survey (one foot equals 40 feet).
C.
Building permit application and application for a
certificate of occupancy.
D.
A narrative demonstrating compliance with the standards set forth
in this article.
[Added 11-1-2016 by L.L.
No. 1-2017]
E.
An annual affidavit (due by January 10 of every calendar year when
the special permit is in effect), stating that the original applicant
continues to reside in the premises.
[Added 11-1-2016 by L.L.
No. 1-2017]
An application fee shall be required on filing.
Such fee shall be determined by the Village Board of Trustees in accordance
with a fee schedule periodically adopted by it.
The Building Inspector of the Village of Piermont
or his designated representative is authorized to make or cause to
be made inspections to determine the condition of dwellings and to
safeguard the health, safety and welfare of the public. The Building
Inspector or his designated representatives is authorized to enter,
upon the consent of the owner, any dwelling, dwelling unit, rooming
house, rooming unit or premises at any reasonable time during daylight
hours or at such other time as may be necessary in an emergency, without
the consent of the owner, for the purpose of performing his duties
under this article.
[Added 11-1-2016 by L.L.
No. 1-2017]
In addition to the limitations set forth in § 149-4A(2), a special permit issued under this article shall be issued for a period of not more than three years, and may be renewed by application to the Planning Board. Prior to any renewal, the Building Inspector shall inspect the apartment and determine that all the requirements of this article are being met. Any application for renewal shall require a public hearing.
[Added 11-1-2016 by L.L.
No. 1-2017]
A.
Any owner who allows occupancy of an accessory apartment in violation
of any provision of this article, or who fails to notify the Building
Department that the original applicant no longer resides in the premises,
or who violates any condition imposed by the Planning Board in granting
a special permit, shall be subject to revocation of such special permit.
B.
In addition to the foregoing, any building owner who fails to obtain
a 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 violation.
