[1]
Editor's Note: Section 3 of this local law stated as follows: "Existing accessory apartments lacking a certificate of occupancy may achieve conforming status without a violation being prosecuted by applying for a building permit within one year of the effective date of this local law and complying with the requirements of this section."
[Amended 4-23-2002 by L.L. No. 7-2002]
A.
In order to construct an accessory apartment, the
applicant shall apply for and receive a building permit from the Town
Building Department in the manner of all other applications for building
permits.
B.
Where the application entails structural alteration of the dwelling, the applicant shall also pay all other applicable fees as provided under § 123-12 of the Town Code.
[Amended 1-22-2019 by L.L. No. 3-2019]
C.
In addition to any other standards, codes, rules or
regulations which may be applicable to the construction of an accessory
apartment, including the New York State Uniform Fire Prevention and
Building Code, the Building Inspector shall certify that the special
standards of this article have been complied with.
D.
No building permit for the addition of an accessory
apartment which requires structural alterations to the exterior of
an existing dwelling shall be issued by the Building Inspector until
said application has been approved by the full Board of Architectural
Review.
E.
A rental permit in accordance with Chapter 270 of the Town Code must be issued prior to the occupancy of an accessory apartment. For those accessory apartments receiving building permit approval after January 1, 2019, at the time of application for a rental permit, or at the time of renewal of the permit, the owner shall provide a fully executed lease agreement or other documentation that demonstrates that the rent does not exceed the annual fair market rent (FMR) for Suffolk County as established by the Department of Housing and Urban Development (HUD) and that the tenant’s income meets the standards established for low-moderate income or middle income as defined under Chapter 216 of the Town Code.
[Amended 1-22-2019 by L.L. No. 3-2019]
[Amended 8-22-2000 by L.L. No. 12-2000; 4-23-2002 by L.L. No. 7-2002; 12-23-2003 by L.L. No. 78-2003; 12-13-2005 by L.L. No. 68-2005]
A.
Owner occupancy required. The owner or owners of the lot upon which the accessory apartment is located shall reside within the principal dwelling or the accessory apartment, and said dwelling or apartment shall be considered the owner's domicile or principal place of abode. No other owner or owners shall own a larger percentage, collectively or individually, than the owner-occupant. Nothing within this Subsection A shall be deemed to apply to lots held in ownership by the Southampton Housing Authority or any not-for-profit agency to which the Southampton Housing Authority transfers title. The exemption of such not-for-profit agency must be approved by the Southampton Town Board, and such exemption will be determined on a lot-by-lot basis. Such required approval shall in no way affect the management of the lot by the Southampton Housing Authority.
[Amended 8-22-2006 by L.L. No. 46-2006; 6-9-2009 by L.L. No. 26-2009]
B.
An accessory apartment shall be permitted in a structure that has been issued a certificate of occupancy or a certificate of compliance, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status, or is new construction that complies with Chapter 123, Building Construction; Section 164, Fire Prevention; and § 330-5, Definitions: "dwelling, two-family detached" and "accessory apartment." Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for an existing single-family dwelling.
C.
The lot to which the accessory apartment is to be
added shall have only one dwelling unit in existence on the lot at
the time of application for an accessory apartment.
D.
No more than one accessory apartment shall be permitted
on the lot.
E.
No nonconformities or violations of the Town Code shall exist at the time of application for an accessory apartment, except as provided in Subsection F below. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.
F.
The lot containing the dwelling to which the accessory
apartment is to be added shall comply with the district area and dimensional
regulations, but shall not be less than 30,000 square feet unless
such accessory apartment is located within a Town boundary area defined
as a "census-designated place" (CDP) where the density measures less
than 500 people per square mile according to the ten-year data published
by the United States Census Bureau; in such case, the lot shall not
be less than 20,000 square feet. A nonconforming lot may be eligible
for an accessory apartment, provided that the lot area is not less
than 80% of the required lot area for the applicable zone district,
but in no case less than 30,000 square feet unless the lot is located
in a CDP that meets the above-referenced density requirement; then
the nonconforming lot shall be not less than 20,000 square feet. All
other dimensional nonconformities shall not be less than 70% of the
required setback or lot width. A lot with a nonconformity of a greater
degree shall not be eligible for an accessory apartment under this
article. Any such request shall be prohibited and can only be treated
as an area variance by the Board of Zoning Appeals.
[Amended 1-22-2019 by L.L. No. 3-2019]
G.
Minimum and maximum sizes shall be as follows:
[Amended 7-22-2008 by L.L. No. 42-2008]
(1)
The accessory apartment shall be a minimum of
400 square feet, and it shall not exceed 35% of the total floor area
of the principal dwelling to a maximum of 1,000 square feet on the
lot to which the accessory apartment is to be added.
(2)
[1]Efficiency unit. Notwithstanding the aforementioned Subsection G(1), an efficiency unit occupied by not more than two persons may have a clear floor area of not less than 220 square feet exclusive of kitchen and bathroom areas.
[1]
Editor’s Note: Former Subsection G(2), regarding accessory
apartments held in perpetuity for affordable housing, was repealed
1-22-2019 by L.L. No. 3-2019. This local law also redesignated former
Subsection G(3) and (4) as Subsection G(2) and (3), respectively.
(3)
If an accessory apartment is to be constructed
in an accessory structure, all habitable living space in that structure
will count toward the maximum square footage of the accessory structure.
H.
The accessory apartment shall contain no more than
two conventional bedrooms.
I.
The bedrooms and bathroom shall not provide the sole
access to any other rooms or the sole access to the out-of-doors.
J.
At least one additional off-street parking space shall
be provided for an accessory apartment which is a studio or one-bedroom,
and two off-street parking spaces for accessory apartments having
two bedrooms, on the lot for the accessory apartment, and such space(s)
shall not be located in the required minimum front yard and shall
be adequately screened with landscape plantings, which shall include
evergreen shrubs, not less than three feet in height at the time of
installation.
(1)
Only one access driveway shall be permitted
on the lot having an accessory apartment.
K.
An accessory apartment shall not be permitted on a
lot on which exists a bed-and-breakfast, rooming or boarding house,
home occupation, home professional office, preexisting accessory apartment,
or multiple-family dwelling.
L.
If a second or new entrance to the accessory apartment
is constructed, ground-floor outside entrances to the accessory apartment
shall be from the side or rear yard. Second-floor outside entrances
shall be from the rear yard.
M.
[2]For existing single-family dwellings, only the owner-occupant
of the residence may apply for this building permit and shall execute
such agreements, contracts, easements, covenants, deed restrictions
or other legal instruments running in favor of the Town as, upon recommendation
of the Town Attorney, will ensure that:
(1)
The principal dwelling or the apartment is the
domicile or principal place of abode of the owner-occupants. No seasonal
occupancy shall be permitted.
[Amended 1-22-2019 by L.L. No. 3-2019]
(2)
The principal dwelling or the apartment is the
domicile or principal place of abode of all tenants therein. No seasonal
occupancy shall be permitted.
[Amended 1-22-2019 by L.L. No. 3-2019]
(3)
The apartment or any proprietary or other interest
therein will not be sold to the tenant or any other party, except
as part of a sale of the entire residence in which the apartment is
located.
(4)
Proof of income of the tenant and all leases
of the rental apartment shall be produced in writing and made available
to the Town Building Department and/or the Director of Housing upon
request, and all leases shall be for a minimum of a one-year term,
or where the tenant is a relative of the owner, proof of income shall
not be required and a notarized affidavit of proof of tenancy may
be submitted in lieu of a lease for approval by the Director of Housing
prior to the issuance of an accessory apartment permit.
[Amended 1-22-2019 by L.L. No. 3-2019]
(5)
The apartment is properly constructed, maintained
and used, and both the apartment and the lot upon which it is constructed
are free from any unapproved uses as set forth herein.
(6)
Any other conditions deemed reasonable and necessary
by the Town to ensure the immediate and long-term success of the apartment
in helping to meet identified housing needs in the community are met.
[2]
Editor’s Note: Former Subsection M, which provided that
a dwelling to which an accessory apartment is to be added pursuant
to this article shall not be eligible for a seasonal rental permit,
was repealed 1-22-2019 by L.L. No. 3-2019. This local law also redesignated
former Subsection N as Subsection M.
N.
Upon the issuance of a permit for an accessory apartment, one Town-owned
development right will be extinguished by the Town in the school district
where the accessory apartment is located. No permit shall be issued
without such extinguishment.
[Added 1-22-2019 by L.L.
No. 3-2019]
