Notice of Public Hearing – April 13, 2019 at 9:00 a.m. – Amending Zoning Law to Permit Sleeping and Facilities in Accessory Buildings

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RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING THE ZONING LAW TO PERMIT SLEEPING AND SANITARY FACILITIES IN ACCESSORY BUILDINGS UNDER CERTAIN CONDITIONS

             RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, April 13, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “Local Law amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent.  Currently the Zoning Law prohibits “living or sleeping quarters or kitchen facilities of any kind” in an accessory building.  The Board of Trustees find that the seasonal and second home nature of the Village and the existing pattern of development and physical conditions of the Village of relatively large estate lots warrant consideration of the use of accessory buildings for sleeping and sanitary facilities for the family, guests, or domestic employees of the occupants of the principal dwelling.  The use and occupancy of an accessory building by the occupants of the principal dwelling, their family, guests, or domestic employees would be for sleeping and sanitary purposes only and there will no separate kitchen and cooking facilities in the accessory building.  It is the intent of this local law to amend the definition of an accessory building to eliminate the prohibition of the placement of sleeping and/or sanitary facilities in an accessory building and add a new section 4-427 setting forth conditions and special standards under which an accessory building may contain sleeping and sanitary facilities.

Section 2.  Amendment.  Section 1-106(2)(a), (definition of Accessory Building) is hereby amended by deleting strikethrough words and adding underlined words as follows:

  1. Accessory Building. A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool or dish antenna or shed whether attached to or from the principal building or any other building on the lot.  An accessory building may shall not contain living or sleeping quarters or kitchen or cooking facilities of any kind.  An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.  An accessory building may contain sleeping and sanitary facilities pursuant to the terms and conditions set forth in §4-427.

 Section 3.  Amendment.  Section 3-300(2) is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 3-300; Uses, Permitted Generally

The following uses, buildings and structures are permitted in both districts:

  1. Detached single family dwelling
  2. Accessory building or structure, including accessory buildings with sleeping and sanitary facilities authorized under §4-427
  3. Accessory use
  4. Municipal
  5. Home occupation
  6. Golf course

Section 4.  Amendment.  Article IV of the Zoning Law is amended to add a new section 4-427 (Sleeping and Sanitary Facilities in an Accessory Building) as underlined words as follows:

Section 4-427.  Sleeping and Sanitary Facilities in an Accessory Building.

Sleeping and sanitary facilities may be located in an accessory building whether it is attached or separate from a principal building or any other building or structure, provided the Building Inspector finds that the following conditions and standards are met:

  1. The accessory building with sleeping and sanitary facilities shall not be used and occupied by a person or family independent from the occupants of the principal dwelling on the lot.  Said accessory building with sleeping and sanitary facilities shall not be rented or leased to a tenant or tenants for occupancy by a person or family independent from the occupants of the principal dwelling.  Use and occupancy of the accessory building with sleeping and sanitary facilities shall be limited to family, guests or domestic employees of the occupants of the principal dwelling.  Nothing herein shall prohibit the entire lot being rented or leased provided any such tenant of the entire lot complies with the aforesaid restrictions. 
  2. In order to construct, maintain or use an accessory building for sleeping and sanitary facilities, the landowner shall apply for and receive a building permit and certificate of occupancy in the manner of all other applications for building permits and certificates of occupancy.
  3. No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building that requires structural alterations to the exterior shall be issued by the Building Inspector until said application has been approved by the Architectural Review Board.
  4. No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building shall be issued by the Building Inspector unless and until said application has been approved by the Suffolk County Department of Health Services.

 

  1. Special Standards.  In addition to any other standards, codes, rules or regulations which may be applicable to the construction and use of an accessory building, including the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall certify that the following special standards have been complied with.

(a) An accessory building with sleeping and sanitary facilities shall be permitted in an existing      building or structure that has been issued a certificate of occupancy/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 the provisions of the Zoning Law.  Notwithstanding the above, no permit shall be   processed until the lot has a certificate of occupancy for an existing single-family dwelling.

(b) The lot to which the accessory building with sleeping and sanitary facilities is to be added shall          have only one dwelling unit in existence on the lot at the time of application.

(c) No more than one accessory building with sleeping and sanitary facilities shall be permitted on           the lot.

(d) No nonconformities or violations of the Zoning Law shall exist at the time of application for an          accessory building with sleeping and sanitary facilities, except as provided in subsection (e) 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.

(e) The lot and all required dimensional requirements, including lot area, lot width, lot depth, and            setbacks, shall not be less than 90% of the applicable dimensional requirement of the underlying    zoning district.  A lot with a nonconformity of a greater degree shall not be eligible unless a   variance is obtained from the Zoning Board of Appeals.

(f) Minimum and maximum floor areas shall be as follows:  The accessory building with sleeping             and sanitary facilities 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.  All habitable living space in    the accessory building or structure will count toward the maximum square footage of the accessory         building.

(g) An accessory building with sleeping and sanitary facilities shall contain no more than two       conventional bedrooms.  The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors.

(h)  An accessory building with sleeping and sanitary facilities shall not be permitted on a lot on   which exists a bed-and-breakfast, rooming or boarding house, home occupation, preexisting           apartment, or multiple-family dwelling.

(6) The Building Inspector shall require that the above restrictions be incorporated in a covenant and noted on or referred to in the certificate of occupancy to be issued for the lot.  The covenant shall be in a form acceptable to the Village Attorney and be recorded prior to the issuance of a certificate of occupancy.  The covenant shall be valid so long as the accessory building with sleeping and sanitary facilities is maintained on the lot.

Section 5.  Authority.  The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 6.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 7.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at 9:00 a.m. prevailing time on Saturday, April 13, 2019 at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “Local Law amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

 

 

Category: Draft Legislation, Notices