[Added 1-22-1991 by L.L. No. 1-1991; amended 7-15-1991 by L.L. No. 5-1991; 8-30-1994 by L.L. No. 6-1994; 6-6-1995 by L.L. No. 1-1995; 9-19-1995 by L.L. No. 3-1995; 4-17-1996 by L.L. No. 7-1996; 10-8-1996 by L.L. No. 10-1996; 12-17-1996 by L.L. No. 13-1996; 7-1-1998 by L.L. No. 30-1998]

A. It is the purpose of this Article to provide an opportunity, in locations where adverse impacts do not result and in a manner consistent with the Town wide Comprehensive Plan, for the creation of accessory apartments within the existing structure of owner-occupied single-family detached dwellings. It is the intent of this article to meet the special housing needs of small households and to allow for the efficient use of the Town's existing stock of single-family dwellings. It is also the intent of this article to increase compliance with building and fire codes, assist individuals and families with limited incomes, reduce the impact of foreclosure and deferred property maintenance, thereby preserving property values and the health, safety and general welfare of the community.

B. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In the case of a conflict between this article and other regulations, that which sets the more stringent requirement will prevail.

C. Nothing in this article shall be deemed to abolish any permit validly issued prior to July 1, 1998, under this chapter which no longer conforms to the area and setback requirements set forth hereinafter.

D. Notwithstanding the provisions hereinbefore set forth, any permit validly issued prior to July 1, 1998, which no longer conforms to the area and setback requirements set forth hereinafter shall be renewable and transferable in accordance with the provisions of § 198-136F(1) as hereinafter set forth.

E. It is the intention of the Town Board to allow the renewal of permits issued pursuant to § 198 143A as long as the requirements of this Article, the Code of the Town of Huntington, New York State Uniform Fire Prevention and Building Code and the conditions, rules and/or regulations of any other agency having jurisdiction are satisfied. Notwithstanding the above, a permit issued pursuant to § 198-143A cannot be transferred to a new owner. [Amended 7-2-2002 by L.L. No. 25-2002]

[Amended 7-2-2002 by L.L. No. 25-2002]

A. In residence districts where authorized by this Chapter, an accessory apartment may be maintained as a conditional use only by permission of the Hearing Officer and upon compliance with the requirements of this Article, the Code of the Town of Huntington, the New York State Uniform Fire Prevention and Building Code and the conditions, rules and/or regulations of any other agency having jurisdiction including such reasonable conditions as may be imposed by such Hearing Officer. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any portion of any premises for residential occupancy in the Town of Huntington without first having obtained an accessory apartment permit. Failure or refusal to procure an accessory apartment permit shall be deemed a violation of this Article. In reviewing applications hereunder, said Hearing Officer shall consider the parameters set forth in this Article, established specifically for said conditional use, instead of supplementary regulations for conditional uses set forth elsewhere in this Chapter.

B. In the absence of a valid accessory apartment permit, there shall be a presumption that a residence for a single family contains an illegal apartment which is being established, operated, used, occupied, rented, leased and/or maintained without an accessory apartment permit in violation of law if any one or more of the following features are found to exist by the Director of Public Safety, his or her designee and/or any person authorized to enforce or investigate violations of the Code of the Town of Huntington:

(1) More than one (1) mailbox;

(2) More than one (1) gas meter;

(3) More than one (1) electric meter;

(4) More than one (1) connecting line for utility services;

(5) Separate. entrances for segregated parts of the dwelling, including but not limited to bedrooms;

(6) Permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;

(7) A separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;

(8) The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; or

(9) Two or more kitchens each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator.

C. In the event an application for a transfer of an accessory apartment permit for owner-occupied dwellings has not been filed by the new owner(s) within ninety (90) days of the closing of title as required by § 198-135B, there shall be a presumption that an apartment is being operated, used, rented, leased and/or maintained by the new owner(s) in violation of law and without benefit of an accessory apartment permit.

[Amended 7-2-2002 by L.L. No. 25-2002]

A. An accessory apartment permit shall be issued only after a public hearing held pursuant to §§ 198-137 and upon a finding by the hearing officer that the following conditions are satisfied. [Amended 4-19-2005 by L.L. No. 14-2005]

(1) Unless otherwise provided in this Article, the single-family dwelling is the principal residence (domicile) of the owner. The owner shall be a natural person.

(2) Unless otherwise provided in this Article, the property for which the accessory apartment permit is sought shall have a minimum lot size of seven thousand five hundred (7,500) square feet and a lot frontage of al least seventy-five (75) linear feet. In the case of a cul-de-sac, the lot width shall be measured at the front building line of the single-family dwelling.

(3) Is limited in occupancy to one person for each seventy (70) square feet of habitable bedroom living space of the accessory apartment. Children under five (5) years of age shall not be included in the definition or calculation of occupancy. The proposed accessory apartment shall have no less than three hundred (300) square feet of habitable living space nor more than six hundred fifty (650) square feet of habitable living space and shall be limited to a maximum of two (2) bedrooms.

(4) Will not create nor maintain an additional front, external entrance door. All other exterior entrance doors shall be located at the sides or rear of the dwelling. All electrical service panels, electric meters and water meters shall be located so as not to be visible from the street. No exterior changes shall be made so as to alter its single-family appearance.

(5) Is the subject of a valid certificate of occupancy as a single-family dwelling issued at least three (3) years prior to the date of the application hereunder or was constructed prior to the need for the issuance of the same.

(6) All structures on the property, including the proposed accessory apartment, comply with the requirements of this Article, the Code of the Town of Huntington, the New York State Building Codes, and the rules and regulations of any other agency having jurisdiction. No portion of a single family dwelling or accessory apartment shall utilize a cellar or attic, or any portion thereof, as habitable space unless a waiver is issued by the New York State Building Code Board of Review or other agency having jurisdiction.

(7) Is situated on a lot providing three (3) unobstructed off-street parking spaces for each dwelling unit so contained. Such spaces shall be paved with asphalt, concrete or other suitable material of a permanent nature as may be approved by the Hearing Officer. The maximum width of such spaces shall not exceed eighteen (18) feet or twenty-four percent (24%) of the lot frontage whichever is less. The number of off-street parking spaces required may be increased or decreased as conditions warrant in the discretion of the Hearing Officer.

(8) Unless otherwise provided in this Article, the lot for which the accessory apartment permit is sought is not located in an area where ten percent (10%) or more of the lots within a one-half-

mile radius of the subject parcel contain accessory apartments. The Hearing Officer may vary this requirement when, due to sparsity of development in the surrounding area, it is not practicable to maintain the ten-percent cap on accessory apartments.

(9) No accessory apartment may be contained in any building or structure other than main building on any lot. A homeowner shall be granted only one (1) accessory apartment permit, and only one (1) accessory apartment shall be permitted per dwelling and per lot.

**Webmasters Note: The previous subsection, A., has been amended as per Local Law No. 14-

2005.

B. The Hearing Officer shall also find, prior to the issuance of an accessory apartment permit, that:

(1) The accessory apartment contemplated will be properly located and serviced with respect to water supply, waste disposal, fire protection and other public amenities.

(2) The accessory apartment contemplated will not substantially contribute to traffic congestion or traffic hazards.

(3) All structures, landscaping and paving on a lot on which an accessory apartment is located shall be maintained in a neat and clean manner, including but not limited to driveways, walkways, sidewalks adjoining the subject parcel, exterior shingles, paint, shutters and trim, as well as landscaping, lawns and shrubbery. The Town or its designee reserves the right to enter onto the subject property after 15 days' written notice sent by regular United States mail with proof of mailing being a United States postal service certificate of mailing to the then owner at the subject address to remove litter, debris or maintain or replace any fencing or planting if found that the improvements are not being maintained, and the Town or its designee shall bill the owner for any expense incurred. Should the owner not timely pay such bill, the costs incurred by the Town or its designee shall be filed as a lien against the real property and added to the next succeeding tax bill for the property.

(4) The accessory apartment contemplated will not adversely affect the value of surrounding and neighboring properties or overall land-use density.

(5) Use and occupancy of the proposed apartment will not unreasonably conflict with a stable, uncongested single family environment and will be compatible with the character of the neighborhood in which the dwelling is located.

(6) The proposed apartment will not substantially change the single-family appearance of the dwelling.

(7) The use will be in harmony with and promote the general purpose and intent of this Article.

C. As a condition to issuance of an accessory apartment permit, the Hearing Officer may impose whatever condition(s) he/she deems proper and necessary upon the apartment, the single-family dwelling structure and/or the property to preserve the character of the neighborhood and/or to protect the health, safety and welfare of neighboring residents.

D. The issuance of an accessory apartment permit shall be specifically conditioned upon the following: [Amended 4-8-2003 by L.L. No. 14-2003 ]

(1) An inspection by the Director of the Department of Public Safety, or his/her designee, for the purpose of determining whether the apartment is in compliance with the Code of the Town of Huntington, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction. The failure to schedule an inspection after due notice from the Town or resisting, obstructing and/or impeding the agents, servants, officers and/or employees of the Town of Huntington during an inspection of the premises shall be a violation of this Article and subject to the fines and penalties provided herein. A fee of fifty dollars ($50.) shall be imposed upon the owner of the property for each inspection that is required to be rescheduled.

(2) A duly executed sworn affidavit signed by the applicant affirming that no other apartment is being maintained, owned or operated on the subject property in violation of the Accessory Apartment Law. Additionally, the affidavit shall set forth that all conditions underlying the issuance of an accessory apartment have been met. The sworn affidavit shall be created by and filed with the Accessory Apartment Bureau. This requirement is waived upon a full consensual inspection of all structures on the property as set forth under Subsection D(1) of this section.

(3) The right of the Director of Public Safety, or his/her designee, in the event of an emergency as determined by the Director and upon notice to the property owner, to enter upon any portion of the premises to protect the health, safety and welfare of residents or perform any duty required of him/her under the Code of the Town of Huntington, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction; and

(4) The inclusion in any lease, rental or other agreement for the occupancy of said apartment, a statement disclosing that the provisions of Subsections D(1), (2) and (3) herein are conditions to the issuance of the accessory apartment permit.

**Webmasters Note: The previous subsection, D., has been amended as per Local Law No. 14-

2003.

[Amended 7-2-2002 by L.L. No. 25-2002]

A.permit for an accessory apartment shall remain in effect until the earlier of the following occurrences:

A. One (1) year from the date an application for an accessory apartment permit is granted by the Hearing Officer; or

B. Transfer of title of a single-family dwelling containing an accessory apartment, except that a permit for an owner-occupied dwelling may be transferred if the new owner(s) files an application for a transfer of the permit under § 198-136F(1) and (2), within ninety (90) days of the closing of title, and the main dwelling will be or is the principal residence of the new owner upon sale. Such transfer of the permit will not take effect until the new owner(s) submits a complete application and such application is approved by the issuance of a statement of determination. A current permit will be null and void at the expiration of such ninety-day period where a transfer of ownership has occurred without the required application for a transfer of a permit having been filed. In the event an application for a transfer of an accessory apartment permit has not been filed by the new owner(s) in violation of this Article, there shall be a presumption that an accessory apartment is being operated, used, rented, leased and/or maintained by the new owner(s) in violation of law; or

C. Upon a determination by the Hearing Officer, after a public hearing, that the permit holder and/or occupant(s) of the dwelling unit(s) located within the residence building are guilty of a violation as set forth in § 198-141A and the permit is revoked; or

D. The permit is terminated by operation of law or order of the court.