ACCESSORY APARTMENTS
Local Law No. 3 of the Year 2005
A local law entitled,
“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 to read as follows:
Chapter - ZONING
ARTICLE I - Purpose and Definitions
Legislative Intent and Purpose.
A. Huntington Bay.
The Incorporated Village of Huntington Bay is
one of Long Island’s most unique and picturesque
waterfront communities. The waterfront along Huntington
Bay and Huntington Harbor is a great natural, public
resource, and the Village has historically gone
to great lengths to uphold its stewardship responsibilities
with respect to the environmental integrity of the
waterfront. The Village and its neighborhoods are
marked with special ambiance and character. The
Village has steadfastly preserved and protected
this character through the use of its land use controls.
B. Purpose.
The purpose of these provisions is to provide
the opportunity to meet the special housing needs
of elderly and young family members and to ensure
the preservation of the character, integrity and
property values of surrounding areas within which
such facilities are located and maintained.
* * *
§ 91-2. Definitions and usage. [Amended
10-9-46; 7-29-74; 2-13-78 by L.L. No. 3-1978]
* * *
B. Definitions of terms.
* * *
* * *
[Note: § 91-8 shall be amended to
add the following text.]
§ 91-8. Accessory uses.
In any residential district, no building or premises
shall be used for any other than the use specified
for which a building may be erected and for the
accessory uses customarily incident thereto. The
term “accessory use” shall not include
any building or use not located on the same lot
as the building or use to which it is accessory.
A private garage for more than seven motor vehicles
shall not be deemed an accessory use. An accessory
apartment shall be deemed an accessory use to the
main dwelling on the same lot.
* * *
[Note: § 91-11 shall be amended to
add the following text.]
§ 91-11. Dwellings. [Added 3-3-1951;
amended 1-28-1963; 2-11-1991 by L.L. No. 1-1991;
3-14-1994 by L.L. No. 1-1994]
* * *
F. Accessory apartments.
Conditions for Approval. No premises may be used
or occupied as an accessory apartment except in
compliance with the following conditions.
(1) Single-Family Owner Occupied Lots. Accessory
apartment facilities shall be permitted only on
single-family, owner occupied parcels of land. The
single-family dwelling must be the principal residence
of the owner of the accessory apartment. The principal
use of the property shall remain that of a single-family
residential dwelling.
(2) 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
is three (3) persons.
(3) Location, Size and Number of Units.
(a) An accessory apartment may be located in the
principal dwelling building; provided that such
principal building either has a certificate of occupancy
or qualifies for a certificate of occupancy.
(b) An accessory apartment may be alternatively
located in an accessory building such as a barn
or garage, provided that such accessory building
either has a certificate of occupancy or qualifies
for a certificate of occupancy.
(c) There shall be no more than one (1) accessory
apartment permitted per one (1) family building
lot. An accessory apartment is not permitted on
any lot where two (2) dwelling units already exist,
regardless of whether one (1) is a prior nonconforming
dwelling unit or not.
(d) An accessory apartment shall be limited to a
gross floor area of no more than 400 sq. ft.
(4) Design. The architectural treatment of the
structure shall be such as to maintain the character
of the single-family dwelling unit. Only one main
entrance shall be permitted on the front side of
the building and all other entrances shall be at
the side or in the rear, except that, for a corner
lot, there may be a single main entrance on that
side of the building which has been established
as the front side, and all other entrances are to
be at the rear of the building, if possible.
(5) Sanitary Approval. A certificate of approval
shall be obtained from the Suffolk County Department
of Health Services as may be applicable, for any
required on-site sanitary or water supply system,
including, as may be applicable, a determination
that the existing on-site water supply and sewage
disposal facilities are sufficient to accommodate
the additional demands of the accessory apartment
on any premises where such conversion is proposed.
(6) Certificate of Occupancy. No premises within
the Village may be used or occupied as an accessory
apartment prior to Building Inspector approval and
the issuance by the Building Inspector of a certificate
of occupancy. Before the issuance of a certificate
of occupancy, the Building Inspector shall inspect
the structure proposed to be used for an accessory
apartment. The inspection shall determine whether
or not the structure is structurally sound. No certificate
of occupancy shall be issued without a determination
by the Building Inspector that the structure is
structurally sound.
(7) Inspections. Inspections for compliance as
required by the Building Inspector will be made
and a certificate of occupancy incorporating all
site plan conditions must be secured prior to the
use of the accessory apartment. Periodic inspections
will be made by the Building Inspector to verify
compliance with the certificate of occupancy. Refusal
by the property owner or the tenant of an inspection
of the premises by the Building Inspector may be
grounds for revocation of the certificate of occupancy.
(8) No Rentals. Rental of an accessory apartment
is prohibited.
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ARTICLE VI
Miscellaneous Provisions
[Note: § 91-25 shall be amended to
delete the following text.]
§ 91-25. Reduction of lot area. [Amended
3-3-1951]
No lot area shall be reduced or diminished so
that the area of the lot, yard or other open spaces
shall be smaller than prescribed by this chapter.
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Severability.
If any part or provision of this Chapter 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 Chapter
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 Chapter 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.
