Loading...
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 M 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 r 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 - 3- 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 W3 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