[Added 5-18-1968; amended 1-16-1981 by L.L. No. 1-1981; 6-12-1981 by L.L. No. 11-1981; 10-12-1984 by L.L. No. 10-1984; 4-11-1986 by L.L. No. 4-1986; 2-8-1991 by L.L. No. 4-1991]
A.
The summer occupancy of residential dwelling units
by groups of unrelated individuals (commonly referred to as "group
rentals") has increased substantially in recent years. This situation
is the result, in part, of the active solicitation, in the newspapers
and otherwise, for individuals to become part of a group rental. Each
member of a group rental purchases a share or part share in the residence,
which entitles that individual to use the residence at specified times.
The number of individuals using residences on any one weekend in many
instances exceeds 15.
B.
Overcrowding in residential dwellings is hazardous,
unsafe and unsanitary and interferes with the interest of the public
and the quality of life in the total community environment, and it
is not in conformance with acceptable building codes, fire codes,
occupancy standards and this Zoning Chapter. These nonconformities
are detrimental to the health, safety and general welfare of the inhabitants
of the Village of Westhampton Beach.
C.
The use of residential dwellings by large group rentals
causes problems of overcrowding, excessively high levels of vehicular
traffic, excessive numbers of vehicles being parked on the property
or adjacent streets, high levels of noise which often accompany large
numbers of people and an increased intensity of use of the property,
causing the overburdening of facilities serving the public health,
safety and welfare.
D.
The problems associated with large group rentals are
incompatible with the primary uses permitted in residential districts,
i.e., residential dwelling, and such uses not only have detrimental
effects upon the residential character of these districts but create
the same health, safety and aesthetic problems which these districts
are intended to eliminate. The Board of Trustees also finds that in
the business districts the intensity of use of the residential dwellings
therein has increased beyond that which they can reasonably accommodate.
E.
It is therefore for the purpose of ensuring the continuing
integrity of the residential districts and decreasing the density
within the business districts that the following provisions are adopted.
As used in this article, the following terms
shall have the meanings indicated:
A person who has attained the age of 18 years.
The definition of "dwelling unit" set forth in § 197-1 of this Code shall apply.
[Amended 12-14-1998 by L.L. No. 10-1998]
Any number of persons occupying a single nonprofit
dwelling unit, related by blood, marriage or legal adoption, living
and cooking together as a single housekeeping unit.
Any number of persons occupying a single nonprofit
dwelling unit, not exceeding six adults living and cooking together
as a single housekeeping unit where all were not related by blood,
marriage or legal adoption.
Notwithstanding the provisions of Subsection B of this definition, a group of unrelated persons numbering more than six shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection E herein. This presumption may be rebutted, and the nonrelated individuals may be considered the functional equivalent of a "family" for the purposes of this article by the Zoning Board of Appeals if such group of individuals exhibits one or more characteristics consistent with the purposes of zoning restrictions in residential districts.
In determining whether a group of more than six unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided for in Subsection C of this definition, the Zoning Board of Appeals shall utilize the standards enumerated in Subsection E in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice. Said application shall be on a form provided by the Zoning Board of Appeals, accompanied by the appropriate fee.
In making a determination under Subsection D, the Zoning Board of Appeals shall find that:
The group is one which, in theory, size, appearance
and structure, resembles a traditional family unit.
The group is one which will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship which is transient or seasonal in nature. Nothing
herein shall preclude the seasonal use of a dwelling unit by a group
which otherwise meets the standards of this subsection at its permanent
residence.
In no case shall a dwelling be occupied by more
than two adults to a conventional bedroom.
All other requirements of this article regarding
the use and occupancy of dwelling units shall be complied with.
Any determination under this subsection shall
be limited to the status of a particular group as a "family" and shall
not be interpreted as authorizing any other use, occupancy or activity.
In making any such determination, the Board
of Appeals may impose such conditions and safeguards as the Board
of Appeals shall deem necessary or advisable in order to maintain
the stability and character of the neighborhood and protect the public
health, safety and welfare.
The applicant shall mail written notice of the
date, time and place of the hearing by either certified or registered
mail, return receipt requested, to every property owner as shown on
the current Village of Westhampton Beach assessment rolls, within
the area immediately adjacent and directly opposite thereto for a
distance of 200 feet from the perimeter of the property.
Persons occupying group quarters such as a dormitory,
fraternity or sorority house or a seminary shall not be considered
a "family."
A permit issued for the use or occupancy of a one- or two-family
residential dwelling as a summer rental.
The period from May 1 to September 30 of each year.
An agreement which is either oral or in writing whereby during
the summer or any part thereof a one or two-family residential dwelling
or any part of said dwelling is leased, used or occupied by one or
more adults for which the owner receives compensation directly or
indirectly. If the dwelling unit is leased to both related and unrelated
persons, each unrelated person over the age of 18 years shall constitute
a separate adult.
An adult who leases, uses or occupies a seasonal rental dwelling
unit.
No residential dwelling shall he used or occupied as a summer rental unless an occupancy permit has been issued therefor. An occupancy permit may not be issued to any group of individuals which is not a family or the functional equivalent thereof as defined in § 197-50.
A.
The owner of a summer rental shall file an application
for an occupancy permit with the Zoning Inspector or Building Inspector
on or before April 25 of each year.
B.
In the event that the agreement for summer rental
is entered into subsequent to April 25, the application for an occupancy
permit shall he filed by the owner within 10 days of the execution
of a written lease, or within 10 days of the date it is agreed to
if oral.
C.
The application shall be signed by the owner and each
adult member of a summer rental and shall contain the following:
(1)
The names and permanent addresses of the owner and
each adult member of the summer rental.
(2)
The name and the address of the real estate broker,
if any.
(3)
The location of the summer rental, including the Suffolk
County Tax Map parcel number.
(4)
The number of tenants requested.
(5)
The number and size of each conventional bedroom and
a floor plan if requested by the Building Inspector. As used herein,
a "conventional bedroom" is a room designed principally as a sleeping
area. Rooms having other purposes, such as dens, living rooms, hallways
or porches, are not to be construed as a conventional bedroom.
(6)
A fully executed contract with a refuse carter doing
business in the Village of Westhampton Beach for the respective summer
providing for refuse pickup at least once weekly at the subject residence
during said summer. For good cause, this provision, on written application
to the Mayor, may be waived by written instrument only.
(7)
The period of the proposed occupancy.
D.
A summer rental permit shall be issued by the Zoning
Inspector or Building Inspector if the application complies with all
the provisions of this section.
E.
There shall be a filing fee to be determined by the
Board of Trustees for each application for a summer rental permit.
[Amended 10-8-1997 by L.L. No. 13-1997]
F.
The summer rental permit shall expire on the last
day of the rental period as stated in the application.
H.
No summer rentals shall be leased, occupied or used
by any tenant who is not listed as such on the summer rental application.
Where there is a change in the individual tenants who will be leasing,
occupying or using the dwelling unit, the group rental application
shall be amended to indicate the name of the new tenant before the
new tenant may occupy the dwelling unit. There shall be a filing fee,
as determined by the Board of Trustees, for each amended application.
[Amended 10-8-1997 by L.L. No. 13-1997]
I.
The selling of shares to tenants where they obtain
the rights of use and occupancy in a dwelling unit on a transient
basis shall be prohibited. The rent or compensation paid for a summer
rental shall not be shared by more than the permitted number of tenants.
J.
Every permit issued under this section shall at all
times be kept on the premises and displayed in a conspicuous place
thereat such that it is at all times subject to the inspection of
any officer, inspector or representative of the Board of Trustees
of the Village.
A.
Failure to comply with any section contained in this
article constitutes a violation of this article. If an occupancy permit
is revoked, it shall be unlawful for any person other than the owner
to use or occupy the one- or two-family residential dwelling.
B.
It shall be a violation of this article if an application
is not filed and a proper permit obtained.
C.
Each violation of this article shall constitute a
separate and distinct offense.
D.
In addition to any other remedy available, if, after
a permit has been issued, there is a violation of this article which
is not corrected within 10 days after notice of violation has been
served, the permit shall be revoked by the Zoning Inspector or Building
Inspector.
[Added 6-13-1994 by L.L. No. 7-1994]
The following provisions shall apply to any
one- or two-family dwelling utilized as a summer rental:
A.
The number of motor vehicles permitted to be parked
on the premises between the hours of 1:00 a.m. and 6:00 a.m. shall
not exceed one motor vehicle for each conventional bedroom, plus one
additional motor vehicle.
B.
If motor vehicles are parked on the premises between
the hours of 1:00 a.m. and 6:00 a.m. it shall be presumed that the
dwelling was used and occupied during said hours by at least one person
for each motor vehicle so parked.
C.
If motor vehicles are parked on the premises between
the hours of 1:00 a.m. and 6:00 a.m. it shall be presumed that the
dwelling was used and occupied during said hours by the owner of each
vehicle so parked or by a person related by blood, marriage or legal
adoption to the owner of each vehicle so parked.
D.
It shall be presumed to be of a violation of this
section if more than the permitted number of motor vehicles are parked
on the premises between the hours of 1:00 a.m. and 6:00 a.m.
All notices of refusal, violation or revocation
to be sent pursuant to this article shall be served upon the agent,
if any, or owner or tenant by certified mail, at the address set forth
in the application or written agreement.
A.
Any enforcement officer shall be authorized to enforce
the provisions of this article.
[Amended 8-8-1997 by L.L. No. 9-1997]
B.
An enforcement officer is authorized to make or cause
to be made inspections to determine the compliance of dwelling units
with this article and to safeguard the health, safety and welfare
of the public. The enforcement officer is authorized to enter, upon
the consent of the owner, tenant or lessee, any premises for the purpose
of performing his duties under this article.
C.
An enforcement officer is authorized to make application
for the issuance of a search warrant in order to conduct an inspection
of any premises covered by this article where the owner, tenant or
lessee refuses or fails to allow an inspection of his premises and
where there is reasonable cause to believe that a violation of this
article has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
D.
Nothing in this section shall be deemed to authorize
an enforcement officer to conduct an inspection of any premises subject
to this section without the consent of the owner, tenant or lessee
of the premises or without a warrant duly issued by an appropriate
court.
Violations of this section shall be subject
to civil penalties and proceedings enumerated as follows:
A.
Where authorized by a duly adopted resolution of the
Village Board of Trustees, the Village Attorney shall bring and maintain
a civil proceeding, in the name of the Village in the Supreme Court
of the State of New York, to permanently enjoin the person or persons
conducting, maintaining or permitting any violation of this article
from further conducting, maintaining or permitting said violation.
The owner and lessor of the residence wherein the violation is conducted,
maintained or permitted shall be made defendants in the action, and
the tenant or tenants of such residence likewise may be enjoined as
defendants in the action.
(1)
The person who is listed as the owner upon the seasonal
rental permit application shall be presumed to be the owner thereof.
(2)
If, upon the trial of an action under this article
or upon a motion for summary judgment in an action under this article,
a finding is made that the defendants or any of them have conducted,
maintained or permitted a violation of this section, a penalty to
be included in the judgment may be awarded at the discretion of the
court in an amount not to exceed $250 for each day it is found that
the defendants or any one of them individually conducted, maintained
or permitted the violation. Upon recovery, such penalty shall be paid
into the general fund of the Village.
B.
The Village Attorney, as special prosecutor for the Village, may prosecute any and all violations of this article in the local Village Justice Court, and if any or all defendants are found in violation of this article, they will be subject to the penalties set forth in § 197-83 of the Village Code.
