[Added 7-7-1992]
It is the purpose of this ordinance to provide
an opportunity, in locations where adverse impacts do not result and
in a manner consistent with the Comprehensive Plan, for the creation
of small apartments within the existing structure of owner-occupied
single-family detached dwellings. It is the intent of the ordinance
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 ordinance to increase compliance
with building and fire codes, preserve neighborhood stability and
reduce the impact of foreclosure and deferred property maintenance,
thereby preserving property values and the health, safety and general
welfare of the community.
As used in this ordinance, the following terms
shall have the meanings indicated:
A dwelling unit which is subordinate to a permitted principal
one-family residence use in terms of size, location and appearance,
and is located within the principal structure.
[Amended 1-4-1994; 4-5-2005; 5-22-2007]
[Amended 1-4-1994; 5-21-2013; 9-15-2020; 3-9-2021]
No person shall create, construct, alter or
occupy an accessory apartment or allow or maintain an accessory apartment
without obtaining an accessory apartment permit from the Zoning Board
of Appeals and a certificate of occupancy for said use from the Department
of Building.
[Amended 4-21-1998; 4-5-2005; 2-28-2017]
No accessory apartment permit shall be granted nor shall any
said permit remain valid unless an owner of the lot upon which the
accessory apartment is located resides within the principal dwelling
unit. Tenants shall be limited in occupancy to the accessory apartment
unit. For the purpose of this ordinance, an owner is defined as a
title holder with no less than a 50% interest in the property.
No occupancy of the accessory apartment shall
be permitted prior to compliance with all the requirements for two-family
dwellings as per the New York State Uniform Fire Prevention and Building
Code and/or the laws and housing regulations of the State of New York,
County of Suffolk and Town of Islip, as well as any conditions pertaining
to the accessory apartment permit. The applicant will be required
to meet these standards within six months from the issuance of the
building and zoning permit or the special permit will become null
and void.
An accessory apartment shall not be located
within an accessory structure.
The minimum required lot area for an accessory
apartment within a single-family dwelling shall be 7,500 square feet.
[Amended 1-4-1994]
The minimum width of lot for an accessory apartment
within a single-family dwelling shall be 75 feet. In the case of lots
located on curvilinear roads or culs-de-sac, said width shall be measured
at the front building line of the principal dwelling.
[Amended 1-4-1994; 4-21-1998; 9-11-2007; 5-28-2008; 6-8-2010]
There shall be permitted a maximum of two bedrooms
for each accessory apartment. Occupancy of the accessory apartment
shall not exceed one per 150 feet of gross floor area. The gross floor
area of the accessory apartment shall be at least 300 square feet
and shall not exceed 50% or 800 square feet, whichever is less, of
the gross floor area of the principal dwelling, including the area
of the accessory apartment in which it is located.
There shall be no more than one accessory apartment
permitted per lot. Accessory apartments shall only be permitted within
structures with a certificate of occupancy or certificate of compliance
for a single-family dwelling.
[Amended 1-4-1994]
B.
No changes shall be made to the exterior design of
a structure in which an accessory apartment is created that would
alter the single-family appearance of the dwelling. Only one visible
front entrance shall be permitted, except that a second front entrance
may be permitted upon a finding by the Board of Appeals that the additional
door existed on or before July 7, 1992 and the subject premises benefitted
from a permit for two-family, family use only pursuant to this chapter.
Any electrical and water meters installed to service an accessory
apartment shall not be visible from any roadway.
[Amended 4-21-1998]
[Amended 1-4-1994]
Occupancy of an accessory apartment shall be
contingent upon compliance with all appropriate health code requirements.
[Amended 9-12-2000; 9-15-2020; 7-12-2022]
There shall be located on-site not fewer than
four off-street parking spaces. These spaces shall be provided to
ensure that at least two spaces are able to freely exit the property
at any time. Parking shall be provided pursuant to the direction of
the Town Engineer in a manner that is consistent with the residential
appearance of the property. The amount of front yard area consisting
of asphalt, gravel, stone or dirt or other nonvegetative material,
to be used primarily for the parking of vehicles, shall not exceed
35% of the area of the primary front yard. Required driveway improvements
must be completed prior to the issuance of a certificate of occupancy
or certificate of compliance for the accessory apartment unit.
[Amended 1-4-1994; 4-21-1998; 8-5-2014]
Any dwelling which receives a certificate of
occupancy after September 1, 1992, must be at least seven years old,
as stated from said certificate of occupancy, in order to have an
accessory apartment.
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 by certified mail, return receipt
requested, to the then owner to its address as it appears on the assessment
roll, to remove littered debris or to maintain or replace any fencing
or planting if found that the improvements are not being maintained,
and shall bill the owner for any expense incurred.
A.
No change of any kind shall be made to the structure
until the Board of Appeals grants an accessory apartment permit and
the Building Department issues a permit to construct said apartment.
Subsequent to the granting of the permit by the Board of Appeals,
an application shall be submitted to the Department of Building for
all necessary building permits.
B.
All applications must be supplied by owner(s) of the
property, and the applicant shall be required to file a notarized
document with the Board of Appeals. This document shall state that
the accessory apartment use and permit shall terminate upon the death
of the applicant or the survivor of the applicant, upon the transfer
of title to said premises, upon the applicant no longer occupying
the premises as their principal residence or upon conviction for a
violation of this section.
C.
The applicant will be required to file a form stating
that the subject dwelling shall meet all New York State Uniform Fire
Prevention and Building Code requirements and all Town of Islip requirements
pertaining to temporary special permits for accessory apartments.
D.
A public hearing before the Town of Islip Zoning Board
of Appeals shall be required for all applications for an accessory
apartment permit, except for renewals by the same owner and transfers
of said permit.
[Amended 3-9-2021]
E.
Every accessory apartment permit granted by the Board
of Appeals shall become null and void and of no further force and
effect unless the applicant obtains a building and change of use permit
to create an accessory apartment no later than 90 days after approval
is granted by the Board of Appeals.
A.
All accessory apartment permits must be renewed every
three years or upon transfer of title. The owner of an accessory apartment
is required to apply to the Board of Appeals to renew this permit,
in accordance with adopted Department procedures. The applicant is
required to submit an affidavit of residency and to notify the owners
of all dwellings within 100 feet of the subject property.
[Amended 9-15-2020]
B.
The Board of Appeals reserves the right to require
a public hearing prior to the renewal of the permit if, on the basis
of responses from the neighboring residences or by an inspection of
municipal officials, reason exists to believe that the conditions
of the permit are not being met.
[Amended 1-4-1994]
The Board of Appeals reserves the right to revoke
any accessory apartment permit issued hereunder should the applicant
or applicant's tenant violate any provision or any condition imposed
upon the issuance of the special permit. Said revocation shall be
after a hearing held by the Board of Appeals. The standard notification
requirements for a hearing on a new accessory apartment applicant
shall apply. Refusal to permit entry by authorized Town officials
for the purpose of determining compliance with all regulations relating
to this ordinance between the hours of 9:00 a.m. and 7:00 p.m. within
24 hours after receipt of said request may result in automatic revocation
of the accessory apartment permit.
[Amended 9-15-2020]
An application for a transfer of an accessory
apartment permit to a subsequent property owner shall be on such forms
and in such a manner as shall be prescribed by the Board of Appeals.
[Amended 5-22-2007]
All penalties for violations of this article are delineated in § 68-666 of the Town Code.
[Amended 1-4-1994; 9-12-2000]
The creation of the accessory apartment which
results in an expansion of the gross floor area of the dwelling shall
be subject to a reassessment of the property, the amount of which
shall be determined by the Islip Town Assessor.
Discriminatory practices in the rental or lease of an accessory apartment shall be prohibited in accordance with Chapter 26, Housing: Discriminatory Practices, of the Code of the Town of Islip.
[Added 4-21-1998]
Improvements required in accordance with the
issuance of an accessory apartment permit shall not be required prior
to the date of the grant of the Board of Appeals but shall be completed
prior to the issuance of a certificate of occupancy or in no case
later than six months after the date of the grant of the Board.
[Added 4-21-1998; amended 2-28-2017]
Any variance required in connection with the issuance of an accessory apartment permit shall be heard by the Board of Appeals in accordance with § 68-412 of the Islip Town Code.
[1]
Editor’s Note: Former § 68-21.3, Minimum width
of road, added 6-12-2007, was repealed 2-28-2017.
