Within the residence districts, a building, structure, lot or lands shall only be utilized in conformance with the provisions of §
85-177, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter. The table comprising §
85-177 is hereby declared to be a part of this chapter.
Within all residential districts, any permitted principal structure
or building and driveway shall not exceed the maximum size as set
forth herein. Any proposed structure or driveway in excess of the
maximum size shall be required to obtain an area variance from the
Board of Zoning Appeals.
A. Maximum permitted principal structure or building sizes within residential
zones are hereby established as follows:
|
District
|
Maximum Size
(square feet)
|
---|
|
A Residence
|
11,250
|
|
A-1 Residence
|
15,000
|
|
A-2 Residence
|
30,000
|
|
A-5 Residence
|
30,000
|
|
A-10 Residence
|
30,000
|
|
B Residence
|
7,500
|
|
B-1 Residence
|
11,200
|
|
C Residence
|
7,875
|
|
D Residence
|
11,250
|
B. Within all above-referenced residential districts, the maximum amount
of front yard area consisting of asphalt, gravel, stone, or dirt or
other nonvegetative material to be used primarily for the parking
of vehicles or as a driveway shall not exceed 35% of the area of the
primary front yard of any residential lot or shall not be greater
than 24 feet in width, whichever is less restrictive.
(1) Repairs or replacements of driveways in existence prior to the enactment
of this section shall not be deemed a violation of this chapter.
(2) Exception. The calculation of front yard area for interior lots known
as "flag lots" shall exclude the area encompassed by or attributable
to the portion of said lot which is 20 feet or less in width.
C. Notwithstanding the above, any provision set forth in the Table of
Dimensional Regulations which yields a smaller principal structure/building
shall be controlling and prevail.
D. Religious institutions are exempt from the limitations contained
within this section.
Where two-family dwellings are allowed, no dwelling shall be hereafter erected or altered for two-family dwelling use unless provision shall be made therein for not less than 2,000 square feet for the minimum ground-floor area, exclusive of garages, carports, open porches and open breezeways; provided, however, that a maximum of 1,000 square feet of the floor area of the second story may be used and applied to the area requirement of the first floor. To qualify as floor area for the purpose of this section, the requirements set forth in §
85-184 shall apply.
Where multiple dwellings are allowed, no dwelling shall be hereafter erected or altered for multiple-dwelling use unless provision shall be made therein for not less than 400 square feet of habitable floor area for each family unit; provided, however, that in the MF-1 Residence District, the minimum habitable floor area for each family unit shall be 600 square feet. To qualify as floor area for the purpose of this section, the requirements set forth in §
85-184 shall apply.
[Amended 5-21-2015 by L.L. No. 7-2015, effective 6-2-2015; 5-12-2016 by L.L. No.
10-2016, effective 5-25-2016; 10-3-2019 by L.L. No.
22-2019, effective 10-16-2019; 5-13-2021 by L.L. No.
8-2021, effective 5-27-2021; 6-24-2021 by L.L. No. 10-2021, effective 7-7-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A. Principal uses are as follows:
(1) One-family dwellings, except that mobile homes shall not be a permitted
principal use.
(2) Churches or similar places of worship and parish houses.
(3) Convents and monasteries.
(4) Open farming; provided, however, that no storage of manure, compost,
mulch or odor- or dust-producing substances shall be permitted within
150 feet of any street line. The sale at retail or wholesale of farm,
garden or nursery products produced on the premises shall be permitted;
however, nothing herein shall permit the screening and sale to others
of compost or mulch materials.
(5) Public and parochial schools and private schools having a curriculum
similar to that ordinarily given in public schools, but not including
day-care facilities.
(6) Colleges and universities; provided, however, that the plot has an
area of not less than 75 acres and a continuous street frontage of
not less than 400 feet; and provided further that the total building
area shall not exceed 20% of the total plot area; the location of
all buildings and structures shall be subject to approval by the Planning
Board.
(7) Museum reuse of historic structures identified on the State or National
Register of Historic Places or designated as a local landmark.
(8) Parks, playgrounds, athletic fields, bathing beaches, bathhouses or boathouses, excluding uses permitted as set forth in §
85-511 of this chapter.
(9) Private community center, recreation buildings and outdoor recreation
facilities as part of a homeowners', condominium or community
association.
B. Accessory uses, when located on the same lot with a permitted principal
use, are as follows:
(2) Offices of a physician, lawyer, architect, teacher or similar professional
person residing on the premises and when such use is incidental to
such residence; provided, however, that such use shall be within the
main building and occupying not more than 1/3 of the first-floor area.
(3) Customary home occupations only when conducted by the person residing
on the premises.
(4) Fences. No fence may be erected having a height greater than four
feet from the ground, except as follows:
(a)
Where a residence has been erected, a six-foot fence may be
erected in the rear yard, provided that, if it is on an interior lot,
said six-foot fence may be erected in the rear yard to extend along
the rear lot line and along the side lot lines to a point not forward
of the front foundation line of the residence, and thence from said
lot lines to the front point of said foundation; on a corner lot,
a six-foot fence may be erected in the rear yard to extend along the
rear lot line and along the secondary front lot lines, except that
no such fence shall project into the required primary front yard;
and on a through lot, a six-foot fence may be erected in the rear
yard along the two side lot lines and the secondary front lot line.
A six-foot fence in the secondary front yards on corner lots and in
the secondary front yard on through lots shall be considered a structure
requiring a building permit. All such fences shall comply with the
site visibility requirements of this Code.
(b)
If such fence shall be erected along any street, the permitted
height thereof shall be measured from the existing elevation of the
center line of such street opposite such fence, unless such fence
is of open woven wire or other such design as will not obstruct sight
visibility. Such height so measured shall not exceed 2 1/2 feet
at any point within a radius of 30 feet of the corner formed by any
intersecting streets. The provisions hereof shall also apply to hedges
or any other densely growing shrubbery.
(c)
Wire strand and open woven wire fences six feet in height above
ground level shall be permitted on all lot lines of property principally
devoted to agriculture, provided that such height so measured shall
not exceed four feet at any point within a radius of 30 feet of the
corner formed by any intersecting streets.
(d)
Use of barbed-wire fencing, ribbon-wire fencing or electrical fencing shall be subject to approval by the Planning Division or, in the event that Planning Division review is not otherwise required, approval by the Zoning Board of Appeals pursuant to Subsection
C below.
(5) Signs, as permitted and regulated in Chapter
57A.
(6) Barns, as defined in this chapter, subject to the following:
(a)
A maximum height of 18 feet;
(b)
A fifty-foot rear yard and fifty-foot side yard setback shall
be provided;
(c)
To be located in the rear yard only; and
(d)
No more than 25% lot coverage of the rear yard shall be occupied
by such structure, except that in the A-5 and A-10 Residential Zoning
Districts, it shall be pursuant to the Residential Districts Table
of Dimensional Regulations.
(7) Other customary accessory uses, structures and buildings, provided
that such uses are clearly incidental to the principal use and do
not include any activity commonly conducted as a business. Except
with regard to construction on property principally used for agriculture,
any accessory building shall be located on the same lot with the principal
building, and no accessory building shall be constructed on a lot
until the construction of the main building has actually been commenced,
and no accessory building on the lot shall be used until the main
building is completed and used.
(8) Accessory apartments, subject to all requirements and limitations set forth in §
85-258.
(9) Detached storage sheds.
(a)
All storage sheds shall be considered structures.
(b)
Detached storage sheds, not greater than 12 feet in height above
surrounding grade and not exceeding 600 square feet in floor area.
(c)
Detached storage sheds, not greater than 12 feet in height above
surrounding grade and less than or equal to 144 square feet in floor
area, may be located not closer than three feet to a side or rear
property line. However, said structure may not be located within a
required side yard.
(d)
Detached storage sheds, not greater than eight feet in height
above the surrounding grade, not exceeding 100 square feet in floor
area, may be located not closer than three feet to a side or rear
property line. Said structure may be located within a required side
yard.
(10)
Model dwellings. Model dwellings where the same are to be located
on lots on an approved final subdivision map or an approved residential
site plan and are intended to be used as model dwellings for the sale
of homes to be located within the subject project site. Permission
for location of said models shall be obtained from the Planning Board
and shall be issued for a period not to exceed two years. The Planning
Board may renew said permit upon application, provided that the model
dwelling has been constructed and used in accordance with the approved
site plan.
(11)
Greenhouses. Greenhouses, so long as the use of said structure(s)
is solely incidental to the permitted principal use and otherwise
conforms with the applicable dimensional requirements set forth in
this chapter.
(12)
Equipment.
(a)
All equipment, including but not limited to filters, heaters and pumps, associated with the use or operation of a private swimming pool, may be located in any portion of a side or rear yard and shall not be located less than five feet from any side or rear lot line. Nothing herein shall be construed to amend, supersede or otherwise alter the requirements of Town Code Chapter
50, Noise Control.
(b)
Generators may be located in any portion of a side or rear yard and shall not be located less than five feet from any side or rear lot line. Nothing herein shall be construed to amend, supersede or otherwise alter the requirements of Town Code Chapter
50, Noise Control.
(c)
Air-conditioning equipment may be located in any portion of a side or rear yard and shall not be located less than five feet from any side or rear lot line. Nothing herein shall be construed to amend, supersede or otherwise alter the requirements of Town Code Chapter
50, Noise Control.
(13)
An outdoor fireplace may be located in any portion of a side
or rear yard and shall not be located less than 15 feet from any side
or rear lot line and shall comply with all New York State and Town
Fire Codes.
(14)
Pool house/cabana, as defined in this chapter, subject to the
following:
(a)
Shall be no larger than 400 square feet in floor area; and
(b)
Shall not exceed 14 feet in height; and
(c)
Contains no indoor kitchen and is not otherwise designed, equipped,
or used for cooking; and
(e)
Shall not be used for sleeping purposes; and
(f)
Contains no more than one room and bathroom; and
(g)
Interior plumbing fixtures shall be limited to a sink plus one
bathroom containing a toilet and a sink. No indoor shower shall be
established; and
(h)
Shall be located in the rear or nonrequired side yards and shall
comply with accessory structure setbacks for side and rear lot lines
yard; and
(i)
Shall not otherwise be configured or used as habitable space.
C. The following uses shall be permitted when authorized by special
permit from the Board of Appeals:
(1) Dwelling models, except for dwelling models approved by the Planning Board pursuant to Subsection
B(9) above, provided that the following conditions are met:
(a)
Site plan review and approval by the Planning Board shall be
obtained simultaneously with or prior to the issuance of a special
permit.
(b)
Off-street parking for at least four automobiles for one model
dwelling unit and two additional spaces for each additional adjoining
model dwelling unit shall be required.
(c)
No exterior spotlighting or floodlighting shall be permitted
which will result in annoying glare directed or reflected toward residential
dwellings or residential zoning districts.
(d)
Prior to the issuance of a special permit for a model dwelling
built on a lot that does not conform to the requirements of the zone
in which it is located, the owner must execute a consent, in a form
acceptable to the Town Attorney, which consent will authorize the
Chief Building Inspector to demolish or cause to be removed said model
dwelling if the same is not removed by the owner thereof within 45
days of the expiration of the special permit. The applicant shall
also consent that all costs and expenses incurred by the Town of Brookhaven
in connection with the removal of the model dwelling shall be assessed
against the land on which said buildings are located. The amount of
such cost and expense shall be determined and audited by the Town
Board and shall be reported to the Board of Assessors of the Town
of Brookhaven as an amount to be levied and assessed against said
premises as an assessment for an improvement to be included in the
next succeeding assessment roll of the Town of Brookhaven to be thereafter
prepared. Thirty days after the expiration of the special permit,
the Chief Building Inspector shall mail a notice to the applicant
for the special permit and the latest assessed owner of record for
the subject property. Such notice shall indicate that, unless the
subject model dwelling is removed within 15 days, the Town will proceed
to remove the dwelling and assess the costs against the property.
The Chief Building Inspector shall also cause such notice to be posted
on the front door of the subject model dwelling. If the dwelling is
not removed, the Building Division may cause it to be removed or demolished
as above provided.
(e)
The special permit shall be issued for a period not to exceed
five years. The Zoning Board of Appeals may renew said permit upon
application, provided that the model dwelling has been constructed
in accordance with the site plan, the conditions attached to the special
permit, and this chapter.
(3) Upon a showing of need to protect private property, where the safety
of residents will not be placed in jeopardy, barbed-wire fencing,
ribbon-wire fencing or electrical fencing, unless the Planning Division
has approved or disapproved such use during site plan review.
(5) A one-family dwelling occupied by more than eight persons living
and cooking together as a single housekeeping unit though non-related
by blood, adoption, or marriage, provided that all of the following
conditions are met:
(a)
Submission of proof of a valid operating certificate, permit,
and/or approval having been issued by the appropriate federal, state
and/or county agency or department for the proposed use when the same
is mandated by law; and
(b)
The location of the use does not unduly increase traffic congestion,
off-site parking, and noise levels on public streets.
D. The following uses shall be permitted when authorized by special
permit from the Planning Board:
(1) Golf courses and country clubs having a plot area of not less than
50 acres.
(3) Voluntary nonprofit ambulance companies.
The Town Board finds that development along primary highways
within the Town of Brookhaven has, in many cases, proceeded in an
unsatisfactory manner, often resulting in incompatible land use relationships,
congestion, unaesthetic strip development and undesirable conditions
for single-family residences. Therefore, it is the purpose of this
zoning district to permit the coexistence of two-family residences
and compatible business development. Properties which are of sufficient
size and which are so situated that they can be realistically used
for single-family residential purposes should be so used. In this
regard, cluster residential development shall be encouraged. Where
commercial development cannot be sited properly, limited, carefully
regulated two-family residential development should be permitted.
A. In a D Residence District, no building, structure or premises shall
be used or occupied and no building or part thereof or other structure
shall be erected or altered, unless otherwise provided in this chapter,
except for one or more of the following uses:
(1) Permitted principal uses:
(a)
All principal uses permitted and as regulated in the B Residence
District.
(b)
Owner-occupied two-family dwellings.
(2) Permitted accessory uses, located on the same lot with the permitted
principal use:
(a)
All accessory uses permitted and as regulated in the B Residence
District:
B. Height. In the D Residence District, no building or structure shall
be erected or altered to a height in excess of 35 feet or 2 1/2
stories.
C. Building area. In the D Residence District, the total building area
shall not exceed 30% of the total lot area.
D. Lot area. In the D Residence District, no building shall be erected
or altered on a lot of an area less than 15,000 square feet or upon
a lot having a frontage of less than 150 feet at a point 40 feet back
of the street line.
E. Front yard. In the D Residence District, there shall be a front yard
having a depth of not less than 40 feet, unless 40% or more of the
frontage on that side of the street between two intersecting streets
is improved with buildings, a majority of which have observed an average
front yard line having a variation in depth of not more than six feet,
in which case no building shall project beyond the average front yard
so established. However, this regulation shall not be interpreted
to require a front yard depth of more than 50 feet.
F. Side yards. In the D Residence District, there shall be two side
yards, one on each side of the building, the total width of both to
be 30 feet, and no one side yard shall be less than 12 feet wide.
G. Rear yard. In the D Residence District, there shall be a rear yard
having a minimum depth of 30 feet.
H. Accessory buildings and structures. In the D Residence District,
accessory buildings and structures may occupy 25% of the required
rear yard and shall not exceed 18 feet in height; provided, however,
that no building or structure shall be built less than 10 feet from
any side or rear lot line nor less than 50 feet from any street line.
I. Additional requirements.
(1) Landscaped buffer area. A landscaped buffer area not less than 20
feet in width shall be required along the lot frontage. Said landscaped
buffer strip shall consist of grass, trees, shrubs and/or fencing
as required by the Planning Board.
(2) Parking. No parking in the required front yard. A minimum of two
parking spaces per residential dwelling unit shall be provided.
(3) Curb cuts. Only one curb cut per 150 feet of frontage or fraction
thereof shall be permitted. The Planning Board shall have the authority
to require joint use of parking and vehicle access connections between
properties.
(4) Cluster development. In the D Residence District, or in development
of commercial property for D Residential permitted uses, the Planning
Board is authorized to require cluster development and is further
authorized and empowered to approve cluster development and vary building
setbacks as part of its site plan review powers. The Planning Board
is also authorized, as part of its site plan review process, to establish
minimum and/or maximum dwelling unit sizes and to review architectural
features.
(5) Site plan. With the exception of permitted one-family detached dwellings
and permitted agricultural uses, a site plan review and approval shall
be required.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018; 8-2-2018 by L.L. No. 17-2018, effective 8-13-2018; 2-22-2024 by L.L. No. 3-2024, effective 2-27-2024]
A. Purpose. It is the specific purpose and intent of this article to
allow accessory apartments in the A Residence, A Residence 1, A Residence
2, A Residence 5, B Residence, B Residence 1 and C Residence Districts
to provide the opportunity and encouragement for the development of
small rental housing units designed, in particular, to meet the special
housing needs of single persons and couples of low and moderate income,
both young and old, and of relatives of families presently living
in the Town of Brookhaven. Furthermore, it is the purpose and intent
of this article to allow the more efficient use of the Town's
existing stock of dwellings to provide economic support of present
resident families of limited income and to protect and preserve property
values while preserving the character and quality of life of our communities.
To help achieve these goals and to promote the other objectives of
this article, specific standards are hereby set forth for such accessory
apartment uses.
B. Standards.
(1) Owner occupancy required. The owner(s) of the lot upon which the
accessory apartment is located shall reside within the dwelling that
contains the accessory apartment. The owner may occupy either the
larger dwelling unit or the accessory apartment. No other owner(s)
shall own a larger percentage collectively or individually than the
owner-occupant. A homeowner shall be permitted one accessory apartment
only, and only one accessory apartment per dwelling shall be permitted.
Dwellings owned by entities including, but not limited to, limited-liability
companies, corporations, small corporations, partnerships and professional
corporations, are expressly prohibited from obtaining a provisional
accessory apartment license.
(2) Location on lot. An accessory apartment shall be located in the principal
dwelling.
(3) Provisional accessory apartment license. All qualified applicants
are required to obtain a provisional accessory apartment license.
When the Chief Building Inspector determines that the accessory apartment
has been completed and that such accessory apartment may be occupied
safely without endangering life, health or the public welfare, the
Chief Building Inspector may issue a provisional accessory apartment
license. All provisional accessory apartment licenses issued hereunder
shall be valid for an initial period of up to three years and for
successive renewal periods of up to five years at the discretion of
the Chief Building Inspector.
(4) Accessory apartment size. The minimum habitable area for an accessory
apartment shall be 300 square feet and a maximum of 650 square feet;
in no case shall it exceed 40% of the habitable area of the dwelling
building in which it is located, except in certain compelling circumstances
a maximum of 850 square feet may be approved, at the discretion of
the Chief Building Inspector, in accordance with Table 1 below. In
no event may there be more than one bedroom per accessory apartment.
Table 1
|
---|
Apartment Size
(square feet)
|
Maximum Percentage of Habitable Space
|
Application
|
---|
300 to 650
|
40%
|
Standard
|
651 to 750
|
35%
|
Chief Building Inspector discretion
|
751 to 850
|
30%
|
Chief Building Inspector discretion
|
(5) Number of accessory apartments per lot. There shall be no more than
one accessory apartment permitted per lot.
(6) Exterior appearance. The entry to such unit and its design shall
be such that, to the degree reasonably feasible, the appearance of
the building will remain as a one-family residence.
(7) Water and sewer service. Prior to 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 engineer for the Town.
(8) Off-street parking. A minimum of two off-street parking spaces shall be required for the resident-owner and there shall be located on site a minimum of one designated off-street parking space for use of the accessory apartment occupants. Tandem stalls shall count as one off-street parking space. Said spaces shall be depicted on a plan submitted to the Chief Building Inspector at the time of application. The designated off-street parking space for the accessory apartment occupants shall be utilized by the accessory apartment occupants only. The parking spaces and driveway thereto must be paved with asphalt, concrete or other similar materials. The use of gravel or other permeable materials shall not be permitted. Failure to comply with these requirements after the issuance of the provisional accessory apartment license shall be deemed to be grounds for revocation pursuant to Subsection
G below.
(9) Maintenance. All structures located on a lot on which an accessory apartment is located shall be maintained in a neat and clean manner, including but not limited to exterior shingles, paint, shutters and trim as well as landscaping and shrubbery. The premises and buildings shall comply with the New York State Property Maintenance Code and any amendments thereto, and all applicable provisions of the Town Code, including but not limited to Chapter
82, Neighborhood Preservation. No provisional accessory apartment license shall be issued or shall be renewed by the Chief Building Inspector where a violation exists on the premises or within the dwelling.
(10)
The principal structure, as well as the accessory apartment,
must comply with all requirements for two-family dwellings as per
the New York State Uniform Fire Prevention and Building Code and/or
the laws and housing regulations of the State of New York, County
of Suffolk and Town of Brookhaven.
(11)
All applications must be supplied by the owner(s) of the property,
and the applicant shall be required to file an acknowledged statement
with the Town of Brookhaven. This statement shall state that the provisional
accessory apartment license for accessory apartment use and any extension
of said provisional accessory apartment license shall terminate upon
the death of the undersigned or the survivor of the undersigned, upon
the transfer of title to said premises, upon the undersigned no longer
occupying the premises as his/her principal residence or upon conviction
for a violation of this section.
(12)
The applicant shall be required to file a form stating that
the subject dwelling and premises shall meet with all New York State
Uniform Fire Prevention and Building Code requirements and all Town
of Brookhaven requirements pertaining to provisional accessory apartment
licenses for accessory apartments. The applicant will be required
to meet these standards within six months of the granting of the building
and zoning permit or the approval of the provisional accessory apartment
license will become null and void. Said time period may be extended
by the Chief Building Inspector for up to an additional six months.
In those instances where other governmental or outside agencies cause
a delay in either issuing approval or certifying work, the Chief Building
Inspector shall have the authority to grant additional time to the
applicant in which to obtain the required provisional accessory apartment
license.
(13)
Limitations. No approval by the Chief Building Inspector nor
provisional accessory apartment license shall be issued for an accessory
apartment in the event that 5% or more of the lots within a one-half-mile
radius of the subject parcel contain accessory apartments. The Chief
Building Inspector may vary this requirement when, due to sparsity
of development in the surrounding area, it is not practicable to maintain
the 5% cap on accessory apartments. This subsection shall not apply
to applications filed within six months of the effective date of this
section where the application is to legalize an accessory apartment
preexisting the effective date of this section.
(14)
It shall be a violation to fail to meet the requirements of
this section at any time there exists an accessory apartment.
C. Applications.
(1) There shall be submitted to the Building Division as follows:
(a)
An application for a provisional accessory apartment license.
(b)
An application for all necessary building permits.
(2) The Chief Building Inspector, as part of its application, may require
the applicant to submit other items, including but not limited to
floor plans, photographs, exterior renderings, etc.
(3) Upon being notified in writing by the Chief Building Inspector that
the application is deemed complete, the applicant is required to provide
notice of the pending application by the conspicuous placement along
each road frontage of the property which is the subject of the application
at least one poster, in such form as prescribed by the Chief Building
Inspector, and a fee set by Town Board resolution.
(a)
Such posters shall contain the following information, in readable
condition:
[1]
A brief description of the application; and
[2]
That any person interested in this application and who wishes
to become a party of interest may contact the Building Division within
10 days of the poster being set.
(b)
Said poster must remain in place for a minimum of 10 consecutive
days after the application is deemed complete and must be removed
no later than two days after the posting period is completed. Proof
of posting, including two pictures of the poster, one indicating the
wording on the poster and the second indicating the location of the
poster in front of the property, along with an affidavit of posting,
must be submitted to the Building Division.
(4) The application for a transfer of a provisional accessory apartment
license to a subsequent property owner shall be on such forms and
in such manner as shall be prescribed by the Chief Building Inspector.
The notice and hearing requirements of Subsection F(4) and (5) shall
not apply to applications for transfer, except that the Chief Building
Inspector shall have the authority to require a hearing on notice
when, in her/his sole discretion, special circumstances exist which
would require public input.
D. Duration and fees.
(1) All accessory apartment licenses shall be effective for a period
not to exceed two years. Fees shall be established by Town Board resolution.
(2) All accessory apartment license renewals shall be effective for a
period not to exceed five years. Fees shall be established by Town
Board resolution.
(3) All accessory apartment licenses may be transferred to a new owner
for the duration of the unexpired term. The transfer fee shall be
as established by Town Board resolution.
(4) The application fee for a provisional accessory apartment license
for the initial one- to three-year period shall be established by
Town Board resolution. The application fee for the five-year renewal
period shall be established by Town Board resolution. At the discretion
of the Board, and upon a showing of extenuating circumstances, a permit
may be renewed for less than the five-year period for a fee as established
by Town Board resolution.
(5) Upon failure to obtain a provisional accessory apartment license
for the accessory apartment within the total allotted time, the first
reapplication fee will be as established by Town Board resolution.
For a second failure to obtain the provisional accessory apartment
license in the allotted time, the second reapplication fee will be
as established by Town Board resolution. For any and all subsequent
reapplications, the fee will be as established by Town Board resolution.
These increased reapplication fees also apply to renewals.
(6) Upon failure to renew a provisional accessory apartment license for
the accessory apartment within the total allotted time, the first
reapplication fee will be as established by Town Board resolution.
For a second failure to obtain the provisional accessory apartment
license in the allotted time, the second reapplication fee will be
as established by Town Board resolution. For any and all subsequent
reapplications, the fee will be as established by Town Board resolution.
E. Accessory apartments shall not be permitted within an existing multifamily
structure.
F. Revocation. The Chief Building Inspector shall retain the right to
revoke any provisional accessory apartment license issued hereunder
should the applicant or applicant's tenant violate any provision
of this section or any condition imposed upon the issuance of the
Board approval. Said revocation shall be after a hearing held on notice
to the applicant and, if known, the tenant. As an alternative to revocation,
the Chief Building Inspector may continue the provisional accessory
apartment license on a probationary basis, and in such event, it may
revoke the provisional accessory apartment license without further
notice to the applicant or tenant upon a violation of any conditions
attached to the probationary permit. Any property owner or person
in charge of property who violates Subsection B(15) shall have his/her
provisional accessory apartment license immediately and automatically
revoked upon such registration as a sex offender.
G. Lapse of approval for a provisional accessory license. Every application
for a provisional accessory license granted by the Chief Building
Inspector shall be and become null and void and of no further force
and effect unless the applicant obtains a building and zoning permit
for work to be done and/or change of use no later than six months
after approval is granted. In those instances where other governmental
or outside agencies cause a delay in either issuing approval or certifying
work, the Chief Building Inspector shall have the authority to grant
additional time to the applicant in which to obtain the required building
permit or other required approvals.
H. No person shall create or occupy an accessory apartment without obtaining
an approval from the Chief Building Inspector and a provisional accessory
apartment license for said use from the Building Division.
I. It shall be unlawful and a violation of this chapter for any owner,
person or entity to allow a provisional accessory apartment license
to lapse without renewal or the obtaining of a building permit and
subsequent certificate of compliance for the removal of the kitchen
and reconfiguration of the residences to a one-family dwelling.