[Added 6-15-2021 by L.L. No. 2-2021]
It is the purpose of this article to provide an opportunity,
in locations where adverse impacts do not result, for the creation
of small apartments within the existing structure of owner-occupied
single-family detached dwellings. It is the intent of the article
to meet the special housing needs of small households, promote and
encourage affordable housing and to allow for the efficient use of
the Town's existing stock of single-family dwellings. It is also the
intent of this article to increase compliance with building and fire
codes, preserve neighborhood stability and reduce the impact of foreclosure
and deferred property maintenance, thereby preserving property values
and the health, safety and general welfare of the community.
No person shall create, construct, alter or occupy an accessory
apartment or allow or maintain an accessory apartment without obtaining
an accessory apartment special permit from the Board of Zoning Appeals
and a certificate of occupancy for said use from the Department of
Building. Floor area located more than 50% below grade shall satisfy
all applicable requirements of the New York State Uniform Fire Prevention
and Building Code prior to being occupied by an accessory apartment.
No accessory apartment permit shall be granted nor shall any
said special permit remain valid unless an owner of the lot upon which
the accessory apartment is located resides within the principal dwelling
unit. Tenants shall be limited in occupancy to the accessory apartment
unit.
No occupancy of the accessory apartment shall be permitted prior
to compliance with all the requirements for two-family dwellings as
per the New York State Uniform Fire Prevention and Building Code and/or
the laws, housing regulations and health codes of the State of New
York, County of Suffolk and Town of Islip, as well as any conditions
pertaining to the accessory apartment permit. The applicant will be
required to meet these standards within six months from the issuance
of the building and zoning permit or the special permit will become
null and void.
An accessory apartment shall not be located within an accessory
structure.
The minimum required lot area for an accessory apartment within
a single-family dwelling shall be 7,500 square feet.
The minimum width of a lot for an accessory apartment within
a single-family dwelling shall be 75 feet. In the case of lots located
on curvilinear roads or culs-de-sac, said width shall be measured
at the front building line of the principal dwelling.
There shall be permitted a maximum of two bedrooms for each
accessory apartment. Occupancy of the accessory apartment shall not
exceed one per 150 feet of gross floor area. The gross floor area
of the accessory apartment shall be at least 400 square feet and shall
not exceed 50% or 800 square feet, whichever is less, of the gross
floor area of the principal dwelling, including the area of the accessory
apartment in which it is located.
There shall be no more than one accessory apartment permitted
per lot. Accessory apartments shall only be permitted within structures
with a certificate of occupancy or certificate of compliance for a
single-family dwelling.
No changes shall be made to the exterior design of a structure
in which an accessory apartment is created that would alter the single-family
appearance of the dwelling. Only one visible front entrance shall
be permitted. Any electrical and water meters installed to service
an accessory apartment shall not be visible from any roadway.
Off-street parking shall be provided for the accessary apartment
at the rate of one space per 400 square feet, or part thereof, of
livable floor area. Parking shall be provided pursuant to the direction
of the Building Inspector in a manner that is consistent with the
residential appearance of the property. Required driveway improvements
must be completed prior to the issuance of a certificate of occupancy
or certificate of compliance for the accessory apartment unit.
A.
Before approval of a special permit shall be given, the Board of
Zoning Appeals shall determine:
(1)
That the use will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts.
(2)
That the use will not prevent the orderly and reasonable use of 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.
(3)
That the safety, the health, the welfare, the comfort, the convenience
or the order of the Town will not be adversely affected by the proposed
use and its location.
(4)
That the use will be in harmony with and promote that general purpose
and intent of this article.
B.
In making such determination, the Board shall also give consideration,
among other things, to:
(1)
The character of the existing and probable development of uses in
the district and the peculiar suitability of such districts for the
location of any of such permissive uses.
(2)
The conservation of property values and the encouragement of the
most appropriate uses of land.
(3)
The effect that the location of the proposed use may have upon the
creation or undue increase of vehicular traffic congestion on public
streets or highways.
(4)
The necessity for space for the purpose of off-street parking of
vehicles incidental to the use, and whether such space is reasonably
adequate and appropriate and can be furnished by the owner of the
plot sought to be used within or adjacent to the plot wherein the
use shall be had.
(5)
Whether the use or the structures to be used therefor will cause
an overcrowding of the land or undue concentration of population.
(6)
Whether the plot area is sufficient, appropriate and adequate for
the use and the reasonably anticipated operation and expansion thereof.
C.
No change of any kind shall be made to the structure until the Board
of Appeals grants an accessory apartment permit and the Building Department
issues a permit to construct said apartment. Subsequent to the granting
of the permit by the Board of Appeals, an application shall be submitted
to the Department of Building for all necessary building permits.
D.
All applications must be supplied by owner(s) of the property, and
the applicant shall be required to file a notarized document with
the Board of Appeals. This document shall state that the accessory
apartment use and permit shall terminate upon the death of the applicant
or the survivor of the applicant, upon the transfer of title to said
premises, upon the applicant no longer occupying the premises as their
principal residence or upon conviction for a violation of this section.
E.
The applicant will be required to file a form stating that the subject
dwelling shall meet all New York State Uniform Fire Prevention and
Building Code requirements and all Village requirements pertaining
to temporary special permits for accessory apartments.
F.
A public hearing before the Village Zoning Board of Appeals shall
be required for all applications for an accessory apartment permit,
including transfers of said permits, except for renewals by the same
owner.
G.
Every accessory apartment permit granted by the Board of Appeals
shall become null and void and of no further force and effect unless
the applicant obtains a building and change of use permit to create
an accessory apartment no later than 90 days after approval is granted
by the Board of Appeals.
A.
All accessory apartment special permits must be renewed every three
years or upon transfer of title. The owner of an accessory apartment
is required to apply to the Board of Appeals to renew this permit,
in accordance with adopted Department procedures. The applicant is
required to submit an affidavit of residency and to notify the owners
of all dwellings within 100 feet of the subject property.
B.
The Board of Appeals reserves the right to require a public hearing
prior to the renewal of the permit if, on the basis of responses from
the neighboring residences or by an inspection of municipal officials,
reason exists to believe that the conditions of the permit are not
being met.
A.
The Board of Appeals reserves the right to revoke any accessory apartment
permit issued hereunder should the applicant or applicant's tenant
violate any provision or any condition imposed upon the issuance of
the special permit. Said revocation shall be after a hearing held
by the Board of Appeals. The standard notification requirements for
a hearing on a new accessory apartment applicant shall apply.
B.
All permits granted under this article may be revoked by the Zoning
Board of Appeals upon application of the Village Attorney's office
or the Building Inspector for any of the following reasons:
(1)
Failure to maintain the necessary requirements as outlined in this
article, or occurrence of unlawful activities at or about the premises;
(2)
There is fighting or violent, tumultuous or threatening behavior
by any occupant of the premises as determined by the Board;
(3)
There is unreasonable noise from the premises on a regular basis
as determined by the Board;
(4)
There are repeated calls to the police for disturbances and/or disputes
at the premises;
(5)
There is obstruction of vehicular or pedestrian traffic due to vehicles
from or at the premises;
(6)
There is a hazardous or physically offensive condition created by
an act of an occupant of the premises;
(7)
For existing violations of the Village Code on the premises;
(8)
When violations of any state or local law exist on the premises;
(9)
Any other reason where the Board finds it is in the best interest
of the community to revoke the permit due to health, welfare and safety
concerns.
Notwithstanding the foregoing, a permit may be transferred to
a purchaser of the dwelling within 30 days of transfer of title of
the property, provided that the purchaser executes and submits to
the Commissioner of Planning and Development the following legal documents
and information:
The fee for accessary apartment permit applications shall be
established from time to time by the Board of Trustees. The creation
of the accessory apartment which results in an expansion of the gross
floor area of the dwelling shall be subject to a reassessment of the
property, the amount of which shall be determined by the Village Assessor.
Improvements required in accordance with the issuance of an
accessory apartment permit shall not be required prior to the date
of the grant of the Board of Appeals but shall be completed prior
to the issuance of a certificate of occupancy or in no case later
than six months after the date of the grant of the Board.
Any variance required in connection with the issuance of an
accessory apartment permit shall be heard by the Village Board of
Appeals.
