[HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-28-2013 by L.L. No.
2-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 194.
Elderly cottage housing opportunity as an accessory use in all
residential zones under the following conditions:
A.
A permit is required to create an "intergenerational elderly cottage
housing opportunity (ECHO)" unit, a transitional, detached, mobile,
accessory dwelling for an elderly relative of occupants of the principal
single-family dwelling, for which a permit will be issued by the Zoning
Administrator, subject to the following provisions:
(1)
The height of the unit shall not exceed one story or 15 feet.
(2)
The floor area of the unit shall not exceed 600 square feet.
(3)
The design of the unit shall resemble a cottage, and be neutral in
appearance and tastefully screened and skirted with stairs and porch
or ramp. The unit shall be in keeping with the general character of
the neighborhood and be neutral in appearance.
(4)
Side and rear yard setbacks as those required for a principal dwelling
in all zones. Where practical the unit will be in the rear yard. The
unit shall not be allowed in the front yard and only one unit per
lot.
(a)
No variance as to lot size will be allowable. The lot must contain
the minimum required for the Zoning District where the property is
located. The unit must be in the rear yard, and the Zoning Board may
modify this provision, but in no event will it be placed in the front
yard.
[Added 10-24-2013 by L.L. No. 8-2013]
(5)
Maximum lot coverage by buildings shall not exceed 20% in all residential
zones.
(6)
The number of occupants in the ECHO unit shall be limited to two
persons, the eligible person and his/her spouse.
(7)
ECHO units shall be located on residential properties in residential
zoning districts designed primarily for single-family dwelling units
on individual lots, excluding lots with multifamily or attached or
semidetached units. One ECHO unit shall be permitted per residentially
zoned lot, provided the proposed ECHO unit complies with the standards
in this section. At least one of the owners of the principal single-family
dwelling must live in one of the dwelling units on the lot. The lot
must contain the minimum square feet required by the Zoning District.
(8)
The resident of the ECHO unit shall be: a) infirm, handicapped; b)
over 60 years of age; and c) shall be related by blood, marriage or
adoption to the owner of the primary single-family dwelling. A physician's
certification shall verify the need of the occupant for living assistance.
(9)
The applicant shall submit all information required for the issuance
of the permit, as outlined in this chapter and listed below. The permit
shall be issued to the owner of the principal single-family dwelling
on the lot and shall specify by name the occupant of the ECHO unit.
The following information must be provided to the Zoning Administrator:
(a)
Application form.
(b)
Proof of age of ECHO unit occupant.
(c)
Proof of familial relationship between ECHO occupant and the
occupant of the primary residence.
(d)
Physician's certification indicating living assistance
is required for the ECHO unit occupant.
(e)
Plot plan showing location of ECHO unit on lot, parking, setbacks,
utilities, proposed screening, facade color, skirting and other details
that may be needed.
(h)
Other site specific documentation that may be required by the
Zoning Administrator.
B.
The permit shall be reviewed annually by the Zoning Administrator.
The lessor of the ECHO unit must annually update the application and
supporting documents as needed and reconfirm that the occupant of
the ECHO unit meets the permit requirements and that the unit is being
maintained appropriately. Failure to comply with this renewal provision
or with continuance of the provisions of this section shall result
in the permit becoming null and void.
C.
The permit shall terminate upon the death of or permanent change
of residence of the original inhabitant of the ECHO unit. The ECHO
unit shall be removed and the site restored within 90 days (weather
permitting).
D.
Upon submission of an application under this section, the applicant
shall submit proof to the satisfaction of the Zoning Administrator
in the form of a certified letter or signatures of neighboring property
owners on the application, that the adjoining property owners consent
to the application or have been given 25 days notice of it.
E.
The applicant shall either discontinue the use of one bedroom within
the residence on the lot or obtain Department of Health approval for
an additional bedroom. The utilities serving the ECHO unit must be
connected through the primary residence.
[Amended 10-24-2013 by L.L. No. 8-2013]
F.
The structure will meet the requirements of ANSI-A1195.5 or HUD codes
as a minimum and all applicable parts of the New York State Uniform
Building Code. The unit must be handicap accessible throughout.
[Amended 10-24-2013 by L.L. No. 8-2013]
G.
A performance bond in the amount of $15,000 will be posted to ensure
the removal of the unit once the qualifying person no longer resides
in the unit.
The decision of the Zoning Administrator made hereunder may
be appealed to the Zoning Board of Appeals which may vary any standard
herein.
Units are allowed in R-1 and greater residential districts only.
