[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-16-2006 by L.L. No. 13-2006]
It is the purpose of this article to encourage
residents of the Incorporated Village of Island Park who require mother-daughter/father-son
housing arrangements to legally make such arrangements by means of
Village approval and by utilizing a permit system. It is also the
purpose of this article to provide for the safety and appearance of
mother-daughter/father-son residences as well as to maintain and preserve
the single-family residential character of the Village and to protect
the health, safety and welfare of the general public. All previous
mother-daughter/father-son dwellings will be subject to the new requirements
set forth by the Village Board for recertification.
As used in this article, the following terms
shall have the meanings indicated.
Any family member of the following group: parent, child,
adoptive child, grandparent, great grandparent or sibling.
An unrelated person (not a family member) occupying a room
or rooms, or part of a room, in a dwelling.
A group of blood-related persons living together as a single,
nonprofit housekeeping unit.
A separate and second dwelling within a detached single-family
dwelling which is occupied by a blood relative of the legal owner
of the property or by the legal owner himself so that both parts of
the property are only occupied by blood relatives.
A.
A detached single-family dwelling may be altered to
include an additional kitchen facility and bedroom(s) for the sole
use by a blood relative or the legal owner of said single-family dwelling.
Such use shall only be permitted upon prior written approval of the
Village Board of Trustees and the issuance of a special use permit
by the Building Department of the Village of Island Park.
B.
The Village Board of Trustees may approve and permit
such use according to the general guidelines and conditions set forth
by the Board of Trustees and the following specific conditions:
(1)
Not more than one mother-daughter/father-son dwelling
unit may be located in any single-family dwelling.
(2)
The legal owner of the single-family dwelling shall
occupy one of the dwelling units, and the blood relative of the legal
owner (and family of the blood relative, if applicable) shall occupy
the other dwelling unit.
(3)
A mother-daughter/father-son dwelling unit shall not
be located within a garage, a basement or above a second floor.
(4)
The single-family detached dwelling in which the mother-daughter/father-son
dwelling unit is located shall be accessible from all areas of the
mother-daughter/father-son dwelling unit.
(5)
No boarders or roomers shall be allowed, under any
circumstances, in a single-family dwelling, whether or not said dwelling
is a mother-daughter/father-son dwelling unit.
(6)
A mother-daughter/father-son residence application,
which is duly notarized, shall be accompanied by documentary proof
of legal ownership of the single-family detached dwelling along with
at least two forms of documentary proof. This proof must establish
that the occupant of the mother-daughter/father-son dwelling unit
is a blood relative of the legal owner. Acceptable forms of documentary
proof shall be a certified copy of the recorded deed from the County
Clerk's office for the subject property, and all owners shall have
to execute an affidavit of relationship, duly notarized, both of which
have to be given to the Village at the time of the legal owner's application.
The names and ages and other information of all occupants of the two
dwelling units shall be required to be provided with each application.
Clear and distinct photographs of each applicant or applicants, labeled
for identification, shall be required to be provided to the Village
with each application, along with certified birth certificates for
all involved. If, for good reasons shown, certified birth certificates
are not available, other proof of the blood relative relationship
may be accepted.
(7)
The applicant may apply for a renewal in accordance
with the procedures and requirements that are currently established
or may be established in the future by the Village Clerk.
[Amended 12-22-2016 by L.L. No. 35-2016]
(8)
The permit fee for one year, to be paid to the Village
by said applicant or applicants, shall be set from time to time by
the Board of Trustees. The annual renewal fee by the applicant or
applicants for the permit shall be set from time to time by the Board
of Trustees and shall be paid to the Village, along with any increases
which the Board of Trustees may add in the future.
[Amended 11-16-2017 by L.L. No. 24-2017[1]]
(9)
If the permit is not renewed by the Village or the
fee is not paid by the applicant or applicants, then the mother-daughter/father-son
housing arrangement shall immediately cease and desist and shall become
null and void and shall be of no force and effect.
(10)
The Village shall have the right to enter and inspect
the premises after giving 48 hours' notice to the occupant of the
premises. The inspection shall be during reasonable hours and should
be to ascertain whether the use of the premises is in compliance with
the terms and conditions set forth in this article and in compliance
with the other articles and rules, codes, laws and regulations of
the Village Board of Trustees as well as any other applicable rules,
codes, laws and regulations. The applicant or applicants shall execute
a written consent for each inspection at the time of application,
and such consent shall be valid for the duration of the special permit
issued for mother-daughter/father-son usage and for any renewal period
thereafter. The Village shall have the right to inspect or reinspect
the premises at the end of any one-year term or after the permit terminates,
even if the special permit is not renewed. The Village may continue
to inspect until the Village is satisfied that the dwelling is in
compliance with any applicable legal requirements.
(11)
The mother-daughter/father-son special use permit
shall terminate immediately upon any of the following events:
(a)
Sale or lease of the dwelling in which the mother-daughter/father-son
residence is located or any other change or transfer of the title
thereof.
(b)
Any change in occupancy of the dwelling which
disqualifies the owner-blood relative relationship as approved by
the Board of Trustees.
(c)
Violation of any other condition of the special
permit as approved by the Board of Trustees.
(d)
The Village not renewing the permit.
(e)
The applicant or the applicants did not pay
for a permit renewal.
(12)
Fees for application and inspection shall be established
by resolution of the Village Board of Trustees at an open meeting.
All special permit approvals are made subject to payment of required
fees and expenses by the applicant or applicants.
(13)
Applications for mother-daughter/father-son residential
special permits shall be on forms, papers and documentations prescribed
and set forth by the Village Board of Trustees. All applications,
papers, approval and permit process shall be subject to the rules
and procedures of the Board of Trustees, which shall be empowered
to establish all terms and conditions of the process not specifically
provided for in this article.
(14)
After any permit ends, unless it is otherwise immediately
renewed, the owner must restore the property to being solely a single-family
unit, which would include removing any additional kitchen so that
the property only has one kitchen.
It shall be the duty of the Nassau County Police
Department and/or the designated Code Enforcement Officer to enforce
the provisions of this article.
Any person or persons violating any provisions
of this article shall, upon conviction thereof, pay a fine imposed
by the court which shall not be less than $250 nor more than $1,000
for each conviction of this article, and each person or persons so
convicted shall be required to also comply with all of the provisions
in this article.
[Adopted 3-15-2018 by L.L. No. 5-2018]
The purpose of this article is to restrict smoking in multi-dwelling
buildings within the Incorporated Village of Island Park to protect
the public health, safety and welfare against the dangers of secondhand
smoke.
As used in this article, the following terms shall have the
meanings indicated:
Every enclosed or unenclosed area of a multiple-dwelling
building that residents of more than one unit are entitled to enter
or use, including but not limited to halls, pathways, lobbies, courtyards,
elevators, stairs, community rooms, playgrounds, gym facilities, swimming
pools, restrooms, laundry rooms, cooking areas, eating areas and meeting
rooms.
Any property containing 10 or more dwelling units, including,
but not limited to, apartment buildings, condominium complexes, senior
and assisted-living facilities and long-term health-care facilities.
The combustion of any cigar, cigarette, tobacco or any similar
article or any other combustible substance in any manner or in any
form or the heating or ignition of an e-cigarette which creates a
vapor.
Smoking is prohibited in common areas of multiple-dwelling buildings
and within 50 feet of a multiple-dwelling building.
Landlords of multi-dwelling buildings shall deliver in writing
notice of the within article and its restrictions by April 1, 2018.
Any person who violates any provision of this article shall
be subject to the imposition of a civil fine issued by the Department
of Buildings not exceeding $500 for each violation.
