A local law entitled, “Second Amendment to Village Code Regarding Accessory Apartments.”

Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay as follows:

The Code of the Village of Huntington Bay is hereby amended to revise Chapter 91-11.F. to read as follows:

Chapter 91-11.F. 

* * *

Legislative Intent and Purpose

Historically within the Village, the use of an accessory building as a home or residence for persons who are employed substantially full time as a domestic employee upon the premises of which the accessory building is a part has been a permitted use and was set forth in the Code as such. On March 21, 2005, Local Law No. 3 was enacted by the Board of Trustees with the intention of broadening the scope of persons permitted to reside within an accessory building or accessory apartment, as defined within such Code amendment, to include family members. Due to an inadvertent omission, the Code revision specified occupancy by family members as permitted and failed to also specify domestic employees as continuing as permitted occupants of such accessory structures and/or accessory apartments. 

It is the purpose of this local law to clarify that domestic employees/caretakers and family members are permitted to occupy accessory apartments within the Village that meet the conditions set forth in the Accessory Apartment law.

* * *

[Note: Existing Code 91-11.F.(2) shall be deleted.

New Code 91-11.F.(2)(a) and (2)(b) shall be added and is to include the following text.]

                                                     * * *                  

(2)        Permitted Occupants.

(a) Occupancy by Domestic Employees/Caretakers.  At least one of the occupants of the accessory apartment must be employed substantially full time as a domestic employee and/or caretaker at the premises where the accessory apartment is located.  The maximum occupancy of the accessory apartment under this subsection is three (3) persons; or

(b) Occupancy by Family Members.  At least one of the occupants of the accessory apartment must be related by blood, marriage, or adoption to one of the owners or occupants of the principal dwelling on the lot where the accessory apartment is located.   The maximum occupancy of the accessory apartment under this subsection is three (3) persons.

                                                     * * *

Severability.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Effective Date.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.