UntitledPLEASE TAKE NOTICE that the following Ordinance Amending
the Zoning Ordinance of the Town of Wappinger was adopted
by the Town Board of the Town of Wappinger at a Special
Meeting held October 24th, 1983.
The following Ordinance was offered by Councilman
Johnson who moved its adoption:
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
An ordinance to authorize accessory apartments in one -family
residences occupied in part by the owner.
BE IT ORDAINED by the Town Board of the Town of Wappinger as
follows:
Section 1. It is the specific purpose and intent of allowing
accessory apartments in one -family residences to provide the
opportunity for blood related family members, particularly those of
limited income, to remain in the community either in residences,.
owned by them or as occupants of accessory apartments, while
providing the incidental benefit of allowing the more efficient use
of the town's existing stock of dwellings.
Section 2. The zoning ordinance of the Town of Wappinger is
amerided in the following respects:
(a) In §220, add a new definition, as follows:
"ACCESSORY APARTMENT - A dwelling unit in a permitted one -
family residence which is subordinate to the principal one -family
dwelling unit in terms of size, location and appearance, and
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provides complete housekeeping facilities for one family including
independent cooking, bathroom, and sleeping facilities, physically
separate access from any other dwelling unit."
(b) In §220, amend the definition of DWELLING, ONE FAMILY, to.
read as follows: "DWELLING, ONE FAMILY - A detached building
containing one dwelling unit only or one primary dwelling unit and
one accessory apartment.
(c) Add a new §445, as follows:
445. SPECIAL PERMITS FOR ACCESSORY APARTMENTS.
445.1 Accessory apartments shall be permitted in all
single-family residental districts where single-family homes are a
permitted use, upon issuance of a special permit by the Zoning Board
of Appeals, subject to the conditions and limitations contained in
this local law.
445.2 No accessory apartment shall be installed or
maintained except upon Special Permit granted by the Zoning Board of
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Appeals. The applicant shall file a plan in such detail as the
Zoning Board of Appeals shall prescribe with the initial application
for an accessory apartment. The application fee for a Special
Permit for an accessory apartment shall be $100. Each such Special
Permit shall be two (2) years in duration, subject to earlier
termination as provided in this local law, and also subject to
renewal upon application and after public hearing.
(a) Before such approval shall be given, the Zoning Board
of Appeals shall determine, in addition to those standards set forth
in §432, that:
1. That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts;
2. That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located or of permitted
or legally established uses in adjacent use districts;
3. That the safety, the health, the welfare, the
comfort, the convenience or the order of the town or its residents
will not be adversely affected by the proposed use and its location;
and
4. That the use will be in harmony with and promote
the general purpose and intent of the local law.
(b) In making such determination, the Zoning Board of
Appeals shall also give consideration, among other things to:
1. The character of the existing and probably
development of uses in the district and the peculiar suitability of
such districts for the location of any of such permissive uses;
2. The conservation of property.values and the
encouragement of the most appropriate uses of land;
3. The effect that the location of the proposed use
may have upon the creation or undue increase of vehicular traffic
congestion on public street or highway;
4. To the necessity for paved surface space for
purpose of off-street parking of vehicles incidental to the use, and
whether such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or
adjacent to the plot wherein the use shall be had;
5. Whether the use, or the structures to be used
therefore, will cause an overcrowding of the land or undue
concentration of population;
6. Whether the plot area is sufficient, appropriate
and adequate for the -use and the reasonably anticipated operation
and expansion thereof; and
(c) The Zoning Board of Appeals shall, in authorizing
such permissive uses, impose such conditions and safeguards as it
may deem appropriate, necessary or desirable to preserve and protect
the spirit and objectives of this chapter.
(d) 1. A public hearing shall be held for every
application for a special permit or renewal thereof. The Zoning
Board of Appeals shall fix a time and give at the expense of the
applicant, public notice thereof by the publication in the official"
newspaper of such hearing at least ten (10) days prior to the date
of the public hearing.
2. The subject property is to be posted for a period
of not less than ten (10) days immediately preceding the public
hearing or an adjourned date thereof. Subject to rebuttal, the
filing by the applicant reciting the facts of such posting shall be
deemed sufficient proof of compliance herewith.
3. The posting of signs on subject property shall be
made in the following manner:
A. The applicant shall erect on the affected
property a sign which must be obtained from the building inspector's
office which shall be prominently displayed on the premises facing
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each public street, maximum spacing of two hundred (200) feet on
center, on which the affected property abuts, set back not more than
ten (10) feet from the property line, and shall not be less than two
(2) feet nor more than six (6) feet above the grade of the property
line, giving conspicious notice that the application for special
permit for temporary two-family dwelling is pending and the date,
time and place when the public hearing will be held.
B. An affidavit of posting of the public notice
together with a copy to be filed not later than forty-eight (48)
hours prior to the public hearing on the petition, stating that
identical posters, not more than two hundred (200) feet apart, have
been conspicuously posted along the street frontage at least ten
(10) days prior to the date set for the public hearing.
445.3 Only a residence for which a Certificate of
Occupancy has been issued prior to the date of the adoption of this
§445 shall be permitted to have an accessory apartment. Any
residence built after the effective date of this local law shall not
be an eligible residence until the fifth anniversary of issuance of
its Certificate of Occupancy.
445.4 The owner(s) of the one -family lot upon which the
accessory apartment is located shall occupy at least one (1) of the
dwelling units on the premises. The Special Permit shall be issued
to the owner of the property.
(a) Should there be a violation of this local law or a
change in ownership, the Special Permit use and the Certificate of
Occupancy for the accessory apartment shall then become null and
void following a hearing before the Zoning Board of Appeals which
shall determine if such violation or change of ownership took place
unless by reason of death, in which instance the permit shall
continue until the expiration of its term provided the remaining
occupants are related. Thereafter, the tenant shall have ninety
(90) days to relocate; the second kitchen shall be removed by the
_y-
owner within sixty (60) days after the tenant leaves and the house
shall revert to a single family status. Should the new owner decide
to live in the structure and desire to continue use of the second
dwelling unit under the conditions imposed by this article, then no
later than ninety (90) days prior to expiration of the Special
Permit, or if ownership changes less than ninety (90) days prior to
such expiration, then within ninety (90) days of the change in
ownership, he shall apply to the Zoning Board of Appeals for a
Special Permit.
(b) Should an owner vacate his residence, the Special
Permit use and the Certificate of Occupancy for the accessory
apartment shall become null and void. Thereafter, the tenant shall
have ninety (90) days to relocate; the second kitchen shall be
removed by the owner within sixty (60) days after the tenant leaves
and the house shall revert to a single family status.
445.5 The owner applicant shall be required to file on
the subject property a Declaration of Covenants approved by the'
attorneys to the town at the Dutch ess County Clerk's Office prior to
the issuance of a Special Permit for an a--cessory apartment. This
Declaration shall be in favor of the Town of Wappinger and state
that:
(a) The Special Permit for an accessory apartment or any
renewal of said Special Permit shall terminate upon the death of the
undersigned or the survivor of the undersigned, or upon the transfer
of title to said premises or upon the undersigned no longer
occupying the premises as their principal residence.
(b) The new owner of the premises shall have to apply to
the Zoning Board of Appeals for a Special Permit to continue the
accessory apartment.
(c) These restrictions, covenants and conditions shall
run with the land subject to the right of the Town of Wappinger to
amend, annul or repeal any or all of the restrictions, covenants and
conditions with the consent of*the said owner or owners of the
premises herein described and such right or privilege shall be
effectual without the consent of any adjacent or other owners or
lienors of the property.
(d) This Declaration of Covenants shall run with the land
and shall be binding upon the owners, their distributees, executors,
and administrators, successors and assigns.
§445.6 An occupant of at least one (1) of the dwelling
units on the premises shall be the father, mother, son or daughter
(including legally adopted), brother, sister, grandparent, or-
grandchild
rgrandchild of the occupant of the accessory apartment and the same
shall be the principal residence of that person. A father-in-law or
mother-in-law may continue occupancy subsequent to the death of
their child.
§445.7 Only one accessory apartment for a total of two
dwelling units per lot shall be permitted.
§445.8 An accessory apartment shall be permitted only
within the main structure and not within any accessory building •or
upon any,separate foundation. Additions to the residence shall be
permissible if they do not increase the building perimeter. The -�
character, degree and extent of any such addition shall be a factor
to be considered by the Zoning Board of Appeals in passing upon a
Special Permit application.
§445.9 An accessory apartment shall have separate access;
not observable from the street, unless there is a single access from
the front of the building with a split access inside the building.
§445.10 All building code or other requirements under
local law or ordinance and other applicable laws and regulations
shall be complied with and a Building Permit as well as a Special
Permit obtained for any changes or alterations requiring such a
permit, and a Certificate of Occupancy shall be obtained before
occupancy.
§445.11 An accessory apartment shall occupy a minimum of
650 square feet to a maximum of 35% of the existing habitable floor
space of the building in which it is contained; the two dwelling
units shall not contain more than three (3) and two (2) bedrooms or
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an aggregate total of five (5) bedrooms.
§445.12 The minimum lot size for buildings containing
accessory apartments shall contain at least 20,000 sq. ft. and shall
also conform to the lot size and other zoning requirements of the
district in which the building is located.
§445.13 The building shall, to the degree reasonably
feasible, maintain the character and appearance of a single-family
dwelling.
§445.14 A residence containing an accessory apartment
shall have a minimum of four (4) off-street parking spaces and.suchi
additional spaces, if any, necessary to accommodate all vehicles
owned and used by occupants of the dwelling. In an RM5 district, no
expansion. of the existing parking area shall be permitted in order
to s at.isfy this off• -street_ parking requirement. No parking areas
shall be created in front yards.
§445.15 If the premises are not serviced by a community
sewer or water system, approval of the Dutchess County Board of
Health shall be obtained before issuance of a Special Permit.
§445.16 If the dwelling is within a water or sewer
improvement district, the premises shall be subject to double the
amount of water or sewer charges applicable to the premises unless
the accessory unit is separately metered. The applicable charge
shall be tt e higher of the metered rate or the minimum quarterly
rate of the district.
§445.17 The granting of a Special Permit shall not
entitle the owner or any subsequent owner to seek a variance to
permit occupancy of one of the living units by a person unrelated to
an owner -occupant. Any financial investment in improvements
necessary to create an accessory apartment shall be deemed to be
fully' amortized during the term of the Special Permit.
§445.8 This ordinance shall not create as a valid use
any pre-existing accessory units not conforming to a then applicable
law. A Special Permit shall be necessary for a pre-existing and new
accessory apartments.
§445.19 No Certificate of Occupancy shall be issued until
the Town Assessor has been notified in writing in the form of an
affidavit of the final costs of the improvements; the Assessor may
require documentation of costs.
Section 3. This local law shall take effect immediately upon
filing with the Secretary of State.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
I, ELAINE H. SNOWDEN, Town Clerk of the Town of
Wappinger do hereby certify that the foregoing Ordinance
was duly adopted at a Special Meeting of the Town Board of
the Town of Wappinger held October 24th, 1983, at which time
a quorum was present and participated throughout and that the
same has not been in any manner rescinded or annulled and that
_i1 �i ,.''j A t- not and i, r?t�l �,+ o;2te7r —11 4
the _,a.t-Satis still In force - 1
the minutes of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of the said Town of Wappinger this 25th day of October, 1983
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: October 25, 1983
Date of Publication: October 26, 1983