Apartments accessory to the principal use of
a building are permitted in the R-2, B-1 and B-2 Districts, subject
to the regulations and standards set forth below. It is the intent
of this provision to allow more efficient use of existing larger,
older structures; to permit certain structures to be used in accord
with their original design; to enhance the economic return of such
structures; and to expand rental housing opportunities in the Village,
particularly for small families.
[Amended 6-1-1987 by L.L. No. 2-1987]
A third dwelling unit in an existing structure
in an R-2 District may be permitted, subject to the issuance of a
special permit by the Planning Commission and the following conditions:
A.
An accessory apartment may be located in the principal
dwelling, provided that such principal dwelling existed prior to January
1, 1983, contains a minimum of 2,400 square feet of habitable space
and conforms to the other requirements of this chapter, unless a variance
therefor shall have been granted by the Board of Appeals.
B.
The minimum floor area for an accessory apartment
shall be 350 square feet, but in no case shall it exceed 25% of the
habitable area of the dwelling in which it is located or 600 square
feet, whichever is less, unless, in the opinion of the Planning Commission,
a greater or lesser amount of floor area is warranted by the specific
circumstances of the particular building.
C.
There shall be no more than one accessory apartment
nor a total of three dwelling units permitted per lot.
D.
To the degree reasonably feasible, the exterior appearance
of the building shall not be altered.
E.
Prior to the issuance of a building permit for the
establishment of an accessory apartment in a principal dwelling building,
approval of the proposed method of water supply and sewage disposal
shall be obtained from the Ulster County Department of Health and
the Village Water Department.
F.
One additional off-street parking space shall be provided
for the accessory apartment. In no case shall there be parking space
for less than a total of four cars on the property.
G.
The minimum lot area shall be at least 10,000 square
feet, and the minimum lot width shall be at least 100 feet.
[Added 7-14-1997 by L.L. No. 3-1997]
[Amended 6-1-1987 by L.L. No. 2-1987; 12-28-1989 by L.L. No.
8-1989; 7-10-2006 by L.L. No. 10-2006]
Dwelling units are permitted in B-1 and B-2
Districts in new or existing structures subject to the issuance of
a special permit by the Planning Commission and the following conditions:
A.
Accessory apartments with complete kitchen and bath
facilities may be located in a building housing a principal commercial
use. However, such accessory apartments may not be located on the
ground or street level of any building or on the same floor as or
the floor below any nonresidential use.
B.
No single accessory apartment shall have more than
one bedroom or exceed a total floor area of 500 square feet. The provisions
of this subsection shall not apply when the occupancy of the apartment
unit is constituted by the owner of the building housing said apartment,
together with his/her immediate family members including but not limited
to the owner's father, mother, father-in-law, mother-in-law, spouse,
children and/or spouse's children, provided that said owner also operates
the commercial/store/retail space in the building.
[Amended 10-22-2007 by L.L. No. 8-2007]
C.
No accessory apartment shall have access from or through
another apartment or a nonresidential use.
D.
No additional usable floor area shall be created in
or added to an existing building for the purpose of establishing an
apartment under the provisions of this section.
E.
One designated off-street parking space shall be provided
for each accessory apartment in a structure. Such parking spaces may
be on the same lot as the apartments or on another lot within a four-hundred-foot
walking distance. If located on another lot, evidence that such parking
space will be available as long as the apartment exists shall be presented
prior to the issuance of a certificate of occupancy.
F.
In its review of applications for a special permit,
the Planning Commission shall consider the separation and elimination
of conflicts between residential and nonresidential uses through site
and building design and the quality of the residential environment
created within the business district.
G.
Modification of requirements.
[Amended 10-22-2007 by L.L. No. 8-2007]
(1)
The Planning Commission may modify, subject to appropriate
conditions, the requirements of these regulations relative to apartment
size in existing buildings to increase the apartment size as, in their
discretion, is reasonable. The Planning Commission may allow such
modification in special circumstances where it determines that apartment
size of more than 500 square feet is necessary due to specific characteristics
of the building, and will not adversely affect public health, safety
and general welfare of the Village.
(2)
The Planning Commission may waive, subject to appropriate
conditions, the requirements of these regulations relative to off-street
parking requirements in special circumstances where it determines
that these requirements are not practicable due to physical conditions
of the site or that parking is available in public parking lots within
walking distance of the site.
H.
The Planning Commission shall require that the special
permit be renewed annually. Such renewal shall only be withheld, following
due public notice and hearings, upon a determination that the applicant
has not complied with the provisions of the original application or
with any conditions prescribed by the Commission in conjunction with
approval of such application. In such case, the applicant shall be
granted a period of 60 days within which to achieve full compliance
with all conditions prior to revocation of the special permit. Conditions
of approval may include provision of landscaping and repair and/or
enhancement of building facades. In addition, if at any time after
the issuance or renewal of a special permit the Code Enforcement Officer,
in his opinion, determines that the recipient of the special permit
is in default of the provisions of the approved application or any
other conditions prescribed by the Planning Commission as part of
the special permit approval, the special permit holder shall be served
with a sixty-day notice to cure. Such special permit shall be revoked,
following due public notice and hearings, upon a determination that
the default or violation has not been cured within said 60 days after
notice has been served.
I.
The name of all tenants in an accessory apartment
shall be provided to the Code Enforcement Officer prior to occupancy
by the tenant.[1]
[1]
Editor's Note: Former § 227-28.1,
Accessory apartments in existing buildings in the B-1 District, added
2-8-1988 by L.L. No. 2-1988, which immediately followed this subsection,
was repealed 7-10-2006 by L.L. No. 10-2006.
