[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:
ADULT
A person who has attained the age of 18 years.
DWELLING UNIT
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]
FAMILY
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
In making a determination under Subsection D, the Zoning Board of Appeals shall find that:
(1) 
The group is one which, in theory, size, appearance and structure, resembles a traditional family unit.
(2) 
The group is one which will live and cook together as a single housekeeping unit.
(3) 
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.
(4) 
In no case shall a dwelling be occupied by more than two adults to a conventional bedroom.
(5) 
All other requirements of this article regarding the use and occupancy of dwelling units shall be complied with.
(6) 
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.
(7) 
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.
F. 
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.
G. 
Persons occupying group quarters such as a dormitory, fraternity or sorority house or a seminary shall not be considered a "family."
OCCUPANCY PERMIT
A permit issued for the use or occupancy of a one- or two-family residential dwelling as a summer rental.
SUMMER
The period from May 1 to September 30 of each year.
SUMMER RENTAL
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.
TENANT
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.
G. 
Summer rental applications may not be released to the public and are exempt from the New York State Freedom of Information Act[1] in any local laws implementing said statute.
[1]
Editor's Note: See Article 6 of the Public Officers Law.
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.