Village of Northport, NY Supplementary Regulations

[Added 6-15-2010 by L.L. No. 6-2010]

It is the intention of the Board of Trustees of the Incorporated Village of Northport to enact legislation to protect the public health, safety and welfare by regulating the establishment and operation of bed-and-breakfast establishments in residential zoning districts in the Village of Northport and to ensure the preservation of the character of the surrounding areas within which such facilities are located and maintained. Notwithstanding any other provisions of law, the Board of Trustees is designated as the Board to hear and decide whether a special use permit shall allow a bed-and-breakfast establishment in accordance with the requirements of this section. The Board is authorized to impose reasonable conditions on any grant of a special use permit application to secure compliance with these Code requirements.

Permit required; fee; period of validity.

(1)

Bed-and-breakfast establishments may be located in any residential zoning district subject to a special use permit that meets the requirements of this chapter, as determined by the Board of Trustees.

(2)

An application for a special use permit with a nonrefundable application fee of $100 must be submitted to the Village Clerk. The application shall include a survey showing all existing structures, photographs, sketches demonstrating compliance with parking requirements and such other materials as the Board may require. After an inspection of the premises by the Village Fire Marshal, Code Enforcement Officer, Building Inspector, and any other authorized official, the Board of Trustees shall schedule a public hearing to determine if the site and building of the proposed bed-and-breakfast establishment meets all the requirements of this chapter, which determination shall be rendered within 30 days of the hearing date. Notice of the public hearing shall be mailed by the applicant and published by the Village Clerk and the premises shall be posted in the same manner as required for a public hearing before the Zoning Board of Appeals. Proof of such mailing shall be provided to the Village Clerk prior to or at the public hearing.

(3)

The annual fee for a special use permit for a bed-and-breakfast establishment shall be $250 for each bedroom/sleeping room available to registered guests. The total annual fee is due at the time of filing of such application with the Village Clerk and will be refunded if the special use permit application is denied. Special use permits expire on April 1 of each year. Renewal applications with the nonrefundable application fee of $100 plus the per-room fee of $250 must be filed no later than February 1 of each year. If a new special use permit is granted on or after October 1, then the per-room fee shall be $125.

(4)

All bed-and-breakfast special use permits shall be valid for a period of up to one year, in accordance with § 306-45.1B(3), above. Prior to the expiration of the special use permit, an application to renew the permit must be filed with the Village Clerk. Provided that a complete renewal application is filed while the special use permit is in full force and effect and both the application fee and annual fee are paid at the time of filing, the special use permit shall continue to be in full force and effect, pending action by the Board of Trustees on the renewal application. The procedures applicable for an initial special use permit application shall apply to the renewal application. The Board of Trustees must schedule the public hearing to be held within 45 days of the filing of the application.

(5)

All property owners applying for a special use permit under this chapter, or applying to renew said permit, or at any time while operating with said permit, shall make their premises available for inspection upon request by the Village Code Enforcement Officer, Building Inspector, Fire Marshal or any other person authorized by the Board of Trustees to make such inspections. Failure to comply with the request for inspection shall be grounds to deny a permit application or to revoke an existing permit.

(6)

A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner and all neighboring property owners entitled to notice based upon a violation of any requirements of this chapter or the conviction of a crime committed on the premises, except that in the case of an imminent threat to public safety as determined by the Fire Marshal or the Building Inspector, the special use permit may be revoked immediately, with the property owner having the opportunity to be heard by the Village Board regarding the revocation at a meeting to be held no later than seven business days from the date of the revocation of the special use permit, at which time the Board of Trustees shall determine whether to confirm the revocation or reinstate the permit with or without conditions as the Board may decide upon subsequent appeal by the applicant.

(7)

The Village Clerk shall maintain a file on each bed-and-breakfast establishment that shall include all applications, inspection reports, permits and other items related to the use of the property in accordance with this chapter.

Permit requirements. No building shall contain a bed-and-breakfast establishment unless:

(1)

It is owner-occupied and owner-managed in full compliance with all of the requirements of this chapter.

(2)

A special use permit for the operation of a bed-and-breakfast establishment has been issued by the Board of Trustees.

(3)

The number of bedrooms/sleeping rooms available to registered guests does not exceed three.

(4)

In addition to the bedrooms, the premises shall have at least three other rooms, such as kitchen, dining room, den or living room. The guest shall have access at all times to a full bathroom dedicated to the guest room.

(5)

No separate entrance(s) to the sleeping accommodations for registered guests is permitted.

(6)

The bed-and-breakfast establishment is occupied by the owner of the premises during any period of time in which it is also being used as a bed-and-breakfast. The number of registered guests occupying the premises at any one time shall not exceed six persons.

(7)

Two on-site, off-street parking spaces for the owner's family and personal guests are demonstrated. In addition, one on-site, off-street parking space shall be provided for each guest room.

(8)

If possible, existing driveway(s) should be used at their existing width and location in order to not change the character of the residence. Except for those portions of a driveway or parking area that were paved with an impervious surface at least one year prior to application, parking shall be on a pervious material, unless the Board authorizes an impervious surface for a designated portion of the parking area based upon demonstrated hardship or necessity. Where grading of such areas is necessary, runoff must be contained on the subject property. The plans for such improvements are subject to review and approval by the Building Inspector, or by the Planning Board in the case of steeply sloped property as defined by the Code. Such a determination shall be made a part of the granting of the permit by the Board of Trustees. The work must be completed within three months of the granting of the permit.

(9)

The applicant can demonstrate that all on-site, off-street parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the on-site, off-site parking is adequate and safe.

(10)

Vegetative buffers and/or fencing or other screening shall be provided as determined by the Board of Trustees in order to preserve the character of the neighborhood and/or to minimize impacts upon nearby properties.

(11)

One permanent sign is permissible, provided that it complies with the following:

(a)

The sign shall contain no information other than identifying the premises as the named home and/or bed-and-breakfast and contain no other information, including that of vacancy status; and

(b)

The size of the sign shall be no greater than one foot in height by two feet in width; and

(c)

The style of sign must be consistent with the style of the building and be fully in keeping with character of premises; and

(d)

The sign shall not be animated or illuminated; and

(e)

The sign has been approved by the Board of Architectural and Historic Review.

(12)

Exterior lighting:

(a)

No commercial-style lighting is allowable in a residential district, with the only lighting permitted being that customarily used in residential districts; and

(b)

There shall be no exterior lighting that sheds glare on any neighboring property; and

(c)

Lighting shall avoid unnecessary upward illumination and shall not directly illuminate adjacent properties; and

(d)

Walkway lighting must be installed and maintained as required by the Building Code and Property Maintenance Code of the New York State for safety reasons and any negative impact on nearby properties must be minimized through the style, size, design and other features of the lighting.

(13)

No guest may be registered for more than 14 consecutive nights. The owner shall maintain a guest registry and shall preserve registration records for a minimum of five years. The registry and all records and the premises shall be made available for inspection at any time by the Village Fire Marshal, Code enforcement officer, Building Inspector or other duly authorized Village official at any time.

(14)

No meals except for breakfast shall be served on the premises to registered guests; and no cooking, heating or reheating facilities of any kind are permitted in the guest rooms.

(15)

The exterior appearance of a bed-and-breakfast building, including its overall site, shall be maintained in appearance and character as a single-family dwelling.

(16)

The property owner shall be in compliance with all applicable state and local health, fire, building, sanitation and maintenance codes applicable to the use of the premises as a bed-and-breakfast establishment as interpreted by the Village Fire Marshal and Building Inspector.

(17)

In deciding whether or not to approve an application, the Board shall consider the impact of the proposed bed-and-breakfast establishment on nearby properties and the neighborhood in which the property is located, including consideration of the detrimental impacts caused by traffic congestion, the physical characteristics of the proposed location for the bed and breakfast, its proximity to adjacent properties and any other factors which are reasonably related to the peaceful and quiet enjoyment of residents in a residential zoning district.

(18)

The property owner shall maintain general liability insurance coverage insuring against personal injury and property damage with a combined limit of $2,000,000 per occurrence or with such limits of liability as the Board of Trustees may by resolution require for all bed-and-breakfast establishments. The Incorporated Village of Northport is required to be named as an additional insured under said insurance policy. Proof of such coverage shall be provided at the time of application and renewals and at any time requested by the Village Clerk.

(19)

No special permit for a bed-and-breakfast establishment shall be issued for any building located within 500 feet of any property line of any parcel containing a bed-and-breakfast establishment or within five lots of a legally existing bed-and-breakfast establishment, whichever is the greater distance.

(20)

The Board may grant modifications of the requirements of § 306-45.1C if it finds that the modifications are not substantial, will not violate the standards set forth in § 306-45.1C(17) herein, and the applicant establishes that a substantial hardship would result from strict compliance with these requirements.

Pre-existing, nonconforming multifamily buildings. All buildings currently deemed pre-existing, nonconforming, multiple-family dwellings that desire to maintain a bed-and-breakfast establishment under this chapter are required to comply with the requirements of this chapter and the off-street parking requirements of the Code of the Village of Northport.