Any provision of this Code notwithstanding, the temporary occupancy
of a private trailer on a lot in a residential district shall be permitted
by a permit from the Building Department under the following circumstances:
The private trailer shall be for the temporary use and occupancy
of an individual or group of individuals whose single-family residential
dwelling ("principal dwelling") has been so damaged by fire, flood,
storm, or other natural disaster or act of God as to render the single-family
dwelling uninhabitable as determined by the Building Inspector; or
The private trailer shall be for the temporary use and occupancy
of an individual or group of individuals whose single-family residential
dwelling ("principal dwelling") is undergoing repairs, renovations
or reconstruction involving the disconnection of electrical, water,
or sanitary services for more than 30 days.
To obtain a permit from the Building Department for the above-mentioned use, a verified application on a form furnished by the Building Department shall be sworn to and filed by the applicant with the Building Department, along with a list of proposed residents of the trailer and an application fee in an amount to be set from time to time by resolution of the Board of Trustees. Said application shall contain assurances that all of the standards for temporary housing set forth in Subsection C herein are complied with.
An active and valid building permit has been issued by the Building
Department for the repairs, renovation, or reconstruction of the principal
dwelling on the lot, which permit must remain in place throughout
the use of the private trailer.
All sanitary drainage systems from the trailer shall be connected
to a sewer or cesspool in a manner approved by the Suffolk County
Department of Health Services and in conformity with the manufacturer's
specifications for the trailer.
The electrical system of the trailer shall be connected to the available
public utility lines, and the installation thereof shall be to the
standards of the National Electric Code and approved by the New York
Board of Fire Underwriters and in conformity with the manufacturer's
specifications for the trailer.
Potable water connections shall be made in a manner approved
by the Suffolk County Department of Health Services and in conformity
with the manufacturer's specifications for the trailer.
If the property is situated in a flood zone delineated by the
Federal Emergency Management Agency (FEMA), the private trailer must
meet all requirements for dwellings in that flood zone.
All such trailers shall meet the setbacks set forth for accessory buildings in the applicable zoning district as set forth in Article III of this Code wherever practical. Where possible, the trailer should be sited in the rear yard of the lot as defined in § 435-1 of this Code. Placement of trailers in the side yards or front yards of the lot as defined in § 435-1 of this Code shall be upon approval of the Building Inspector. In granting the permit the Building Inspector shall consider the placement of public utilities and the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light or a reasonable use of adjoining property.
The trailer is equipped with properly functioning smoke and
carbon monoxide detectors as would be required for a conventional
dwelling under New York State Law.
The Building Inspector is hereby authorized to revoke any permit
issued hereunder if, after due investigation, he deems that the holder
thereof has violated any provision of this article or if the trailer
is being used in an unsafe or unauthorized manner. Written notice
of said revocation shall be given by personal service or by certified
or registered mail, return receipt requested.
The length of time a private trailer shall be permitted to remain
shall be six months, with two three-month extension periods. Such
extension periods may be granted by the Building Inspector upon his
discretion. Applications for such extensions must be accompanied by
an affidavit of the contractor performing the permitted work on the
principal dwelling attesting that the dwelling continues to be uninhabitable
by reason of the ongoing work, a finding from the Building Inspector
attesting that the dwelling continues to be uninhabitable by reason
of the ongoing work, and an application fee in an amount to be set
from time to time by resolution of the Board of Trustees. A further
extension shall not be permitted, and it shall be mandatory that the
trailer be removed at the end of the permitted period of time. Notwithstanding
the forgoing, permits will expire automatically upon the issuance
of a certificate of occupancy or certificate of compliance for the
work for which the building permit was issued, and the trailer must
be removed as a condition of issuance of the certificate.
If the private trailer is not removed, there shall be a civil penalty
of $500 for each day that it remains beyond the permitted period of
time. If the private trailer remains for more than 10 days beyond
the permitted period of time, the Building Inspector, or his representative,
shall, after notifying the owner of said private trailer by registered
or certified mail, return receipt requested, cause the private trailer
to be removed. The expense of removal and any resulting storage charges
shall be paid by the owner of the private trailer, and if said cost
is not paid within 10 days, the Building Inspector may advertise for
the public sale of the private trailer in the official newspaper of
the Village and sell the private trailer to the highest bidder at
a public sale. The moneys realized from the sale shall be applied
to any outstanding civil penalties and shall reimburse the Village
for any expense incurred in moving and storing the private trailer.
Any excess monies shall be remitted to the documented owner of the
trailer.
Appeals for variances from the above standards shall be heard by the Zoning Board of Appeals pursuant to Article X of Chapter 435. Applications for variances of the standards contained in Subsection C(13) herein shall be accompanied by a letter from the Building Inspector as to the applicant's need for the variance.