[Added 5-3-1994 by L.L. No. 2-1994[1]]
[1]
Editor's Note: This local law also repealed
former Article XX, Two-Family Residence, adopted 4-18-1989 by L.L.
No. 3-1989, as amended 6-16-1992 by L.L. No. 2-1992.
This Article is intended to amend the existing
Village ordinances and regulations which do not adequately address
the existence of illegal two-family dwellings within the Incorporated
Village of Lindenhurst. It is the purpose of this article to encourage
the residents of the Village of Lindenhurst who require two-family
homes to legalize the existence of such homes. Further, this article
intends to provide for the safety and appearance of two-family homes
and surrounding neighborhoods. Its purpose is to further preserve
the single-family residential character of the Village and to protect
the health, safety and welfare of the general public. Moreover, this
article will regulate through a permit system the maintenance of two-family
dwellings, requiring such homes to be owner-occupied, thereby curbing
the existence of absentee landlord situations. It is also the intent
of this article to establish a permit system for those wishing to
maintain a single-family home with a second kitchen since it is recognized
that the unregulated use of second kitchens has resulted in the conversion
of such homes to two-family residences.
As used in this article, the following terms
shall have the meanings indicated:
The person who, personally or through another, makes the
application for the temporary two-family permit. Such "applicant"
must be the owner of the premises under consideration for such permit,
must be a "resident" of the premises at the time of the application
and continue to be a resident of such premises for the duration of
the permit, or such permit shall be deemed null and void. In the case
of newly constructed dormers or extensions built without prior approval
for use as a two-family residence, such applicant must reside in said
premises for a minimum of five years in order to become eligible for
a two-family use permit. New dwellings with certificates of occupancy
issued after January 1, 2008 shall be ineligible for a two-family
permit.
[Amended 2-5-2008 by L.L. No. 1-2008]
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
adjoining the building.
An area or a building designated for and occupied exclusively
as a home or residence for not more than one family.
A single person or collective group of persons related by
kinship, adoption, blood or marriage, or the functional and factual
equivalent of a natural family, living together under the same roof
and cooking together as a single housekeeping unit in a common household
whose relation is of a permanent and distinct domestic character.
The "functional and factual equivalent of a natural family" is hereby
defined as a single housekeeping unit bearing the generic character
of a family unit as a relatively permanent household, not a framework
for transients or transient living, leading a stable, nonprofit, family-like
existence, headed by a householder as one would likely find in a biologically
unitary family; in every sense but a biological one it must function
as a stable, single-family unit, albeit occasionally changing in composition
as a natural family might and does.
Any residence without a two-family permit that may contain
any combination of two or more cooking areas and/or two or more bathrooms
and/or two or more distinct dwelling units being accessible by separate
doors, in a home possessing a certificate of occupancy for a single-family
dwelling.
Any area, room, section of a house, building or structure
which contains any two or more of the following shall establish some
evidence of a kitchen and any area, room, section of a house, building
or structure which contains any three or more of the following shall
presumptively be determined to be a kitchen:
A device capable of maintaining and/or preserving
food at a cold temperature, including but not limited to a refrigerator
of any style or type, a refrigerator/freezer, an icebox or a cooler.
Wall cabinets or floor cabinets storing or capable
of storing cutlery, dishes, pots, pans and groceries.
What is known in the trade as "kitchen countertops
or counters."
Any device, structure or utensil capable of
heating and/or cooking food or liquids, including but not limited
to an oven, stove, range, burners or hot plates.
A microwave.
A sink and/or dishwasher.
Any application made by a new owner of the subject premises
whose application is not filed with the Two-Family Review Board as
of the effective date of this article.
A natural person who uses the premises as his/her principal
residence.
Any means of entry to a second-story residence which extends
beyond the floor plan, perimeter, lines and walls which outline the
parameters of the living space alone (no entryway, etc.) of the first
story of the building.
For purposes of obtaining a two-family permit, the "owner"
shall be deemed to be any person who owns 51% or more of the premises
where the remaining 49% is owned by a single person; such owner/applicant
must be in residence at the subject premises.
A single-family dwelling which has more than one cooking
area but which dwelling is occupied solely by one family.
A building designed for and legally occupied exclusively
as a home or residence for two families. It includes two legally defined
dwelling units.
A.
The Mayor shall provide for the appointment of a Two-Family
Review Board, consisting of seven members and one Secretary. The terms
of the Board members shall run from the time of the appointment at
the organizational meeting for a term of five years. Any person appointed
to a vacated position shall serve the unexpired portion of that term.
The term of the Chairperson, Deputy Chairperson and Secretary shall
be one year, and he or she shall serve at the pleasure of the Village
Board. The term of appointment and compensation may be changed by
a Board of Trustees resolution.
[Amended 4-4-2006 by L.L. No. 3-2006]
B.
Ad hoc members.
[Added 9-6-2005 by L.L. No. 7-2005]
(1)
In addition to regular members appointed and serving,
the Village Board of the Village of Lindenhurst shall appoint one
temporary ad hoc member to the Two-Family Review Board to serve as
provided herein. Said ad hoc member shall attend meetings of the Board
as required, and the Chairman of the Two-Family Review Board shall
designate the ad hoc member as an acting member as necessary when
the absence of regular members of the Board or a conflict of interest
of regular members of the Board would otherwise prevent five members
of the Board from considering any pending matter. Once designated
to serve on a particular matter before the Board, the ad hoc member
shall have the same powers and duties as the regular members of the
Board until that matter is concluded. Any determination by the Board
consisting of an ad hoc member shall have the same weight and be entitled
to the same authority as the act or deed of the regular Two-Family
Review Board, and all laws, statutes and regulations shall apply and
be applied with equal force and effect. An ad hoc member appointed
pursuant to this section shall be paid for his services as fixed by
resolution of the Village Board.
(2)
An ad hoc member shall serve a two-year term expiring
at the end of the official year. The Village Board shall have the
power to remove any ad hoc member of the Two-Family Review Board for
cause, after a public hearing if one is requested.
(3)
Although the ad hoc member of the Two-Family Review
Board is authorized to attend all meetings of the Two-Family Review
Board, he shall have no powers to participate in any actions of the
Two-Family Review Board except as provided herein.
[Amended 1-20-1995 by L.L. No. 1-1995]
B.
The Two-Family Review Board shall hear such applications
and grant such permits for specific periods of time under the following
guidelines:
(1)
Two-family temporary permit.
(a)
Initial applications. The Two-Family Review
Board shall be empowered to initially grant a permit for the use of
a one-family dwelling as a two-family dwelling for a period of not
more than one year. A public hearing must be held on the initial application.
(b)
Renewal applications. The Two-Family Review
Board shall be empowered to grant a renewal of the permit for the
use of a one-family dwelling as a two-family dwelling for a period
of not more than one year at a time. A public hearing must also be
held on the first renewal application. Thereafter, a public hearing
for any further renewal applications shall be held as determined necessary
by the Board, but in no event less than once every four years.
(2)
Second kitchen for personal use.
(a)
Initial applications. The Two-Family Review
Board shall be empowered to initially grant a permit for the use of
a second kitchen in a single-family dwelling for personal use for
a period of not more than one year. A public hearing must be held
on the initial application.
(b)
Renewal applications. The Two-Family Review
Board shall be empowered to grant a renewal for the use of a second
kitchen in a single-family dwelling for personal use for a period
of not more than one year at a time. A public hearing must also be
held on the first renewal application. Thereafter, a public hearing
for any further renewal applications shall be held as determined necessary
by the Board, but in no event less than every two years.
C.
Before such approval shall be given, the Two-Family
Review Board 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 Village will not be adversely
affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote the
general purpose and intent of this article.
D.
In making such determination, the Two-Family Review
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 bituminous surface 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.
(7)
Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other place of
public assembly.
[Amended 1-20-1995 by L.L. No. 1-1995]
A.
Two-family temporary permit.
(1)
For any initial application, the following must be
filed with the Two-family Review Board:
(a)
A completed form with a fee that shall be established
by resolution of the Village Board of Trustees.
[Amended 12-1-2009 by L.L. No. 5-2009]
(b)
A copy of the owner's deed.
(c)
A recent, accurate survey.
(d)
A floor plan for the entire residence.
(e)
A parking plan.
(f)
Any other documents that may be required by
the Board.
(2)
A public hearing for any such application will be scheduled by the Board. A notice regarding such public hearing shall be made by the Board in the official newspaper and by the applicant/owner as directed in § 193-201 of this chapter. The renewal fee for any previously granted permit shall be $150 for each year of such renewal. The Two-Family Review Board shall have the discretion, in any renewal application, to request any documents that may be required.
B.
Second kitchen for personal use.
(2)
A public hearing for any such application will be scheduled by the Board. A notice regarding such public hearing shall be made by the Board in the official newspaper and by the applicant/owner as directed in § 193-201 of this chapter. The renewal fee for any previously granted permit shall be $25 for each year of such renewal. The Two-Family Review Board shall have the discretion, in any renewal application, to request any documents that may be required.
(3)
No new application for a second kitchen for personal use shall be accepted or considered by the Two-Family Review Board effective March 1, 2010. All valid permits for a second kitchen for personal use existing prior to March 1, 2010, may be renewed as permitted under § 193-199 of the Village Code. Upon the death of the permit holder, failure to timely renew the permit, and/or the transfer of title of the premises, the permit shall be deemed null and void, the second kitchen removed, and the premises reverted to single-family use.
[Added 1-19-2010 by L.L. No. 1-2010]
[Amended 1-20-1995 by L.L. No. 1-1995]
For the initial application for either a two-family
or second kitchen for personal use permit, the applicant/owner must
provide notice as follows:
A.
Notification by return-receipt mailing. The applicant/owner
must notify all property owners abutting or adjoining the outer perimeter
of the property in question of the application. Such notification
shall be by return-receipt mail. Proof of service shall be presented
at least one day prior to the hearing, and a list of all persons so
notified must be provided. For purposes of this subsection, "abutting
or adjoining" shall include any property across any street or road
from the outer perimeter of the applicant's property.
B.
Notice sign.
[Added 10-6-1998 by L.L. No. 3-1998[1]]
(1)
Signs notifying the public of hearings to be held
by the Two-Family Review Board shall be posted by the applicant. Such
signs shall be provided by the Village at a cost to be determined
by resolution of the Village Board and paid for by the applicant.
The sign shall read as follows:
|
NOTICE
|
|
An application has been made to permit the usage
of this premises for a two-family dwelling/second kitchen for personal
use.
|
|
A public hearing will be held before the Two-Family
Review Board of the Village of Lindenhurst on the above application
on (date) at (time) p.m. at 430 South Wellwood Avenue, Lindenhurst,
New York.
|
|
Dated: _______________ Applicant:
|
|
For further information, call the Two-Family
Review Board at Village Hall (957-7512).
|
(2)
All signs shall be posted in accordance with the rules
and regulations established by the Village of Lindenhurst Building
Department. Failure to properly post such signs shall be grounds for
the Two-Family Review Board to dismiss or postpone any application
before the Board.
[1]
Editor's Note: This local law also repealed
former Subsection B, regarding posting of signs, and Subsection C,
regarding the contents of the sign to be posted.
A.
Two-family permits.
(1)
Area of dwelling. A permit may not be granted for
a house which has less than 1,000 square feet of habitable space.
The area of the proposed second-family dwelling must be 300 square
feet or greater counting actual open living space area (not walls,
garages, etc.).
(2)
Sewer connection. The connection to the sewer must
be made pursuant to the Village Code prior to the granting of the
two-family usage permit.
(3)
Street size. Due to concerns over fire, health and
safety as well as overcrowding, no permit may be granted unless where
the street to which the dwelling on which the two-family permit is
sought has access must be 30 feet or wider from curbline to curbline.
(4)
Lot coverage. Lot occupancy must not exceed 20%.
(5)
Front yard. No second-family permit will be granted
where, in order to obtain room for the second dwelling, the front
yard would or has been reduced to 20 feet or less.
(6)
Side yard. There must be a minimum of ten-foot side
yards.
(7)
Second-story dwelling. Under no circumstances may
entrance to a second-floor apartment be made via an outside staircase.
(8)
Sidewalks/curbs. Where the two-family permit is sought
on a house located on a block where other properties are curbed and/or
sidewalks have been installed, the same shall be required of this
residence.
(9)
Off-street parking. All properties seeking two-family
usage must have room for and provide off-street parking. The license
plate numbers of the owner and his or her family as well as the license
plate numbers of the second family apartment must be provided to the
Two-Family Review Board.
(a)
Number of spaces. The number of off-street parking
spaces must be as follows: at least two spaces for the existing dwelling
and at least two spaces for the rental unit. These spaces must not
provide for greater than two cars behind one another. Both the owner
and his or her family, as well as the tenant, must park in the spaces
provided to the extent described above.
[Amended 10-7-2008 by L.L. No. 3-2008]
(b)
Pavement for off-street parking. In providing
off-street parking, this Board may require that a specific material
be employed to construct the driveways. All existing codes dealing
with such construction, including but not limited to front and side
yard setbacks, must be complied with.
(c)
Tenants and the owner/applicant and such owner/applicant's
family must park off-street. The two-family permit will be granted
only with the provision that, upon rental of the premises, the applicant/owner
will provide the Two-Family Review Board the lease or rental agreement
in which it will be stipulated that the tenant will use the off-street
parking provided or be subject to eviction.
(10)
Uniform Fire Prevention and Building Code. The
New York State Uniform Fire Prevention and Building Code must be complied
with.
(11)
Check of Village records prior to renewal. Prior
to the grant of any renewal, all Village Code, building or ordinance
officials must review their records together with the official records
of the Village to ascertain what, if any, violations or problems may
have occurred at the subject premises during the last grant of two-family
use. Such official must note the type and disposition of any violation/problem.
(12)
Internal access between the units must be maintained.
(13)
Cellar or basement dwellings may not be converted
for two-family use. No part of the rental unit may be contained in
a basement or cellar. The rental unit may not be located in an accessory
structure.
B.
Second kitchen for family use.
(1)
No such kitchen may be located in a cellar or basement.
(2)
The Board shall consider the likelihood and feasibility
of converting the dwelling to an illegal two-family dwelling.
(3)
The Uniform Fire Prevention and Building Code. The
New York State Uniform Fire Prevention and Building Code must be complied
with.
(4)
Check of Village records prior to renewal. Prior to
the grant of any renewal, all Village Code, building or ordinance
officials must review their records to ascertain what, if any, violations
or problems may have occurred at the subject premises during the last
grant of second kitchen for family use permit. Such official must
note the type and disposition of any violation/problem.
A.
Illegal use of residence. It shall be illegal to use
a one-family dwelling as a two-family dwelling or to maintain a second
kitchen in a dwelling without obtaining a permit as set forth above
and without the owner occupying said residence during the usage of
this permit.
B.
Death of applicant; transfer of title. Upon the death of the applicant, the transfer of title to the premises or upon any violation of § 193-202 above, the permit shall be deemed null and void and the premises must revert to single-family use.
C.
Failure to use off-street parking. It shall be illegal
for a tenant to fail to use off-street parking. Any applicant/owner
who fails to evict their tenant, without sufficient reason, pursuant
to their lease or rental agreement for that tenant's failure to use
the off-street parking provided shall be held to be in violation of
this provision, provided that the applicant/owner shall first receive
notice by mail of the infraction and a demand that the off-street
parking be enforced or the tenant evicted.
D.
Fines. Violations of this article shall constitute
a violation and are punishable by a fine of not less than $500 nor
more than the maximum permitted by New York State law per offense.
[Amended 1-20-1995 by L.L. No. 1-1995]
E.
Number of offenses. Each week's continued offense
against this article shall constitute a separate additional offense.
F.
Failure to comply with any and all stipulations imposed
by the Two-Family Review Board or violation of any of the provisions
above shall result in the revocation of the two-family permit.
A.
Authorization for inspection. The Building Inspector
and/or Zoning Inspector of the Village of Lindenhurst or his designated
representative is authorized to make or cause to be made inspections
to determine the condition of dwellings and to safeguard the health,
safety and welfare of the public. The Building Inspector and/or Zoning
Inspector or his designated representative is authorized to enter,
upon the consent of the owner, any dwelling, dwelling unit or premises
at any reasonable time during daylight hours or at such other time
as may be necessary in an emergency, without consent of the owner,
for the purpose of performing his duties under this article. An inspection
shall be required in conjunction with every public hearing.
B.
Search warrant applications. The Building Inspector
and/or Zoning Inspector of the Village of Lindenhurst or his designated
representative is authorized to make application to a court of competent
jurisdiction for the issuance of a search warrant in order to conduct
an inspection of any premises covered by this article where the owner
refuses or fails to allow an inspection of the rental premises and
where there is a reasonable cause to believe that a violation of the
Article has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
A.
The Two-Family Review Board shall have the power to
interpret and implement the provisions of this article, to impose
additional requirements or restrictions as may be reasonable and necessary
to further the intent of this article and to waive certain requirements
in instances where a hardship is shown.
B.
Decisions of the Two-Family Review Board shall not
be subject to further administrative review but may be appealed to
the Supreme Court of the State of New York pursuant to Article 78
of the Civil Practice Law and Rules. This shall be the exclusive remedy
of any aggrieved party.
C.
In interpreting and applying the provisions of this
article, they shall be held to be the minimum requirements for the
promotion of the health, safety or general welfare of the Village.
It is not intended by this article to interfere with or abrogate or
annul any Village building code or any rules or regulations adopted
or issued thereunder and not in conflict with any of the provisions
of this article; provided, however, that where this article imposes
a greater restriction upon the use of the buildings or premises or
upon the height of the building or requires larger open spaces than
are imposed or required by such ordinance, rules and regulations,
the provisions of this article shall control.
