[Added 12-19-2022 by L.L. No. 9-2022]
It is the purpose of this article to allow accessory apartments
in single-family residences in the Village of Ardsley to:
A.
Provide opportunity to establish small rental dwelling units as accessory
to single-family dwellings in the Village of Ardsley respecting the
aesthetics and scale of single-dwelling development and to ensure
that any accessory dwelling unit meets applicable building, fire and
safety standards;
B.
Ensure that accessory dwelling units do not contribute to or aggravate
traffic congestion and parking problems;
C.
Establish small rental dwelling units without increasing building
density by utilizing residential and accessory building resources
as a means to meet the housing needs of the Village population which
may be under-served, especially single persons and couples of all
ages with low and moderate incomes, and relatives of existing residents
of Ardsley;
D.
Provide economic support for individual residential owners and families,
particularly homeowners who would benefit from rental income and those
of moderate means, for whom there are limited housing options should
they desire to move elsewhere and remain in the Village;
E.
Encourage diversity in the housing stock and the residential population
of Ardsley;
F.
Provide accessible housing for seniors and persons with disabilities;
G.
Promote the health, safety and welfare of the residents of the Village
of Ardsley and preserve property values; and
H.
Provide housing that responds to changing family needs, smaller households,
and increasing housing costs.
The following terms, as used in this article, shall have the
following meanings:
A dwelling unit which is incidental and subordinate to a
permitted principal one-family residence use, and is located on the
same lot therewith. ADUs are independently habitable and provide the
basic requirements of shelter, heating, cooking, and sanitation.
An ADU that is attached to or part of the primary dwelling.
Examples include converted living space, attached garages, basements
or attics; additions; or a combination thereof.
An ADU that is located in an accessory building. Examples
include converted detached garages or new construction.
An ADU may be added on any lot in the R-1, R-2 and R-3 Zoning
Districts on which there is a one-family dwelling that that meets
the requirements of this chapter.
One ADU is permitted per lot in the R-1, R-2 and R-3 Zoning
Districts.
A lot or parcel of land containing an ADU shall be occupied
by the owner of the premises, and the owner must live in either the
primary dwelling unit or the ADU. Furthermore, the owner of the one-family
lot upon which an ADU is proposed shall have owned and occupied the
principal dwelling unit on the property for a minimum of two years
immediately preceding the issuance of the ADU permit.
A.
An ADU may be created through new construction, conversion of an
existing structure, addition to an existing structure, or conversion
of a qualifying existing accessory building to an accessory cottage.
B.
An ADU may be located in the principal dwelling building or accessory
building provided that such principal dwelling building or accessory
building conforms to the other requirements of this chapter, unless
a variance therefor shall have been granted by the Zoning Board of
Appeals.
C.
An ADU shall not be located in space originally designed to be used
for the indoor storage of vehicles, unless such space is in excess
of that which is needed to satisfy the minimum off-street parking
requirement for the existing principal use on the subject property
or unless an alternative on-site location for such parking is provided.
Such alternative location may include but shall not be limited to
newly constructed garage space or an outdoor parking area located
entirely on the property.
ADUs must comply with all of the applicable residential density
standards and zoning regulations of this code.
The floor area for an ADU shall be at least 300 square feet,
but in no case shall it exceed the lesser of 800 square feet or 30%
of the total area of the principal dwelling building on the lot. There
shall be no more than two bedrooms in any ADU.
No exterior changes shall be made to the building in which the
ADU is located that, in the opinion of the Board of Architectural
Review, would alter the single-family character and appearance of
the property.
In addition to the parking requirements for the principal dwelling
and other permitted uses, one accessible and usable off-street parking
space shall be provided for each ADU.
Approval of the proposed method and adequacy of water supply
and sewage disposal shall be obtained from the Westchester County
Health Department, if required, and shall be further subject to approval
by the Planning Board and Building Inspector.
A.
The proposed accessory apartment shall be in compliance with all
applicable federal, state and local zoning, building, fire, electrical,
health and safety codes.
B.
The proposed accessory apartment shall not adversely affect the single-family
character of the neighborhood.
C.
The ADU may not be listed for short-term rental and the minimum rental
or lease period shall not be less than 180 days nor more than three
calendar years.
D.
There shall be a maximum of 50 ADUs in the Village.
A.
A permit for an ADU is to be obtained from the Building Department.
B.
A permit for an ADU may be issued only to the owner-occupant of the
principal residence at which the accessory apartment is to be located,
and said owner must have owned and occupied the principal residence
for the two years immediately preceding the application.
C.
An applicant for an ADU permit shall furnish a completed building
permit application, a site plan indicating existing and proposed building
and lot conditions, floor plans of the principal or accessory building
and the proposed accessory apartment and elevation drawings of the
principal or accessory building.
D.
The site plan shall also include a location map showing the applicant's
property and adjacent property and streets, location of existing and
proposed off-street parking, the location of all existing and proposed
water and sewer lines, stormwater management structures and ingress
and egress to/from the site.
E.
Planning Board site plan approval shall be required for any ADUs
that are proposed to be located in a newly constructed principal or
accessory building.
F.
An application to add an ADU to a property shall not be considered
and a permit shall not be issued for any property on which a code
violation exists.
Application and permits fees for ADUs shall be the same as the fees for building construction as enumerated in § A210-3 of this code.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
