This chapter shall be entitled "Local Law No. 1 of 2005 of the
Incorporated Village of Dering Harbor, A Local Law Adopting Regulations
Regarding Seasonal Rentals and the Selling or Transfers of Shares
of Rentals of Property in the Village of Dering Harbor."
Pursuant to § 10 of the Home Rule Law and the Village
Law of the State of New York, the Incorporated Village of Dering Harbor,
County of Suffolk and State of New York, hereby enacts by this local
law of 2005, a local law of the Village of Dering Harbor.
This chapter shall take effect on the filing of the approved
local law with the Secretary of State of New York, which shall be
within 20 days after its approval by the Board of Trustees of the
Incorporated Village of Dering Harbor.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that group rentals or the rental, transfer, or sale of shares in the rental of property in the Village of Dering Harbor is hazardous, unsafe, unsanitary, and unhealthy, and interferes with the quality of life and total community environment and is not in conformance with acceptable building codes, fire laws, occupancy standards or Chapter
230, Zoning, of the Code of the Village of Dering Harbor, or other laws of the Village of Dering Harbor, and is detrimental to the health, safety and general welfare of the residents and property owners of the Village of Dering Harbor and hereby enacts this chapter to protect the public health, safety and welfare of the Village, its property owners, residents and their guests.
The purpose and intent of this chapter is to adopt regulations
regarding seasonal rentals and the rental, sale or transfer of shares
of rentals of properties in the Village of Dering Harbor, and to protect
and ensure the aesthetic qualities of the character and quality of
life in the Village, the environment of the Village and the aquifer
and public water supply in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
FAMILY
A.
Any number of persons occupying a single nonprofit dwelling
unit, related by blood, marriage or legal adoption, living and cooking
together as a single housekeeping unit.
B.
Any number of persons occupying a single nonprofit dwelling
unit, not exceeding five, living and cooking together as a single
housekeeping unit where all are not related by blood, marriage or
legal adoption. A group of persons whose association or relationship
is transient or seasonal in nature rather than of a permanent and
domestic character shall not be considered a family.
C.
Notwithstanding the provision of Subsection
B of this definition, a group of unrelated persons numbering more than five shall be considered a family upon a determination by the Board of Trustees that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection
E herein.
D.
In determining whether a group of more than five unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection
C of this definition, the Board of Trustees shall utilize the standards enumerated in Subsection
E in making said determination. Before making a determination under this subsection, the Board of Trustees shall hold a public hearing after public notice as provided in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
In making a determination under Subsection
D, the Board of Trustees shall find that:
(1)
The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
(2)
The group is one which will live and cook together as a single
housekeeping unit.
(3)
The group is of a permanent nature and is neither a framework
for transient or seasonal living nor merely an association or relationship
which is transient or seasonal in nature. Nothing herein shall preclude
the seasonal use of a dwelling unit by a group which otherwise meets
the standards of this subsection at its permanent address.
(4)
In no case shall a dwelling be occupied by more than the number of persons permitted by Chapter
230, Zoning, of the Code of the Village of Dering Harbor.
(5)
All other requirements of this chapter and Chapter
230, Zoning, of the Code of the Village of Dering Harbor regarding the use and occupancy of dwelling units shall be complied with.
(6)
Any determination under this subsection shall be limited to
the status of a particular group as a family and shall not be interpreted
as authorizing any other use, occupancy or activity.
F.
Persons occupying group quarters, such as a dormitory, fraternity,
or sorority house or a seminary, shall not be considered a family.
SEASONAL RENTAL
An agreement, which is either oral or in writing, whereby
on a seasonal basis a dwelling unit is leased, used or occupied by
a family for which compensation is paid for, directly or indirectly,
and which is only permitted in the Village of Dering Harbor pursuant
to a seasonal rental permit as a special permit.
SEASONAL RENTAL PERMIT
A special permit issued for the use or occupancy of a dwelling
unit as a seasonal rental.
TENANT
An individual who leases, uses or occupies a seasonal rental.
A violation of this chapter is hereby declared to be an offense
punishable by a fine of $250 for each offence. Each day that a violation
shall continue shall constitute a separate additional violation. The
election of these penalties by the Village shall not constitute a
waiver of the right of the Village.