HomeMy WebLinkAboutLL-1993 #06 LOCAL LAW NO. ~6 , 1993
A Local Law in Relation to Accessory Apartments
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
CERTIFICATE OF COMPLIANCI- - A document issued b_y__the Buildi_~
In_~ector cer~ that the premises indicated conform to Zonin__~
Board Of~uirements for bed and breakfast use or
access°r~L~artment use at the time of issuance~
Section 100-31(B)1~(k-m) is hereby amended to read as follows:
(k) The certificate of oeeupa~-~ ~ shall terminate
upon the transfer of title by the owner or upon the owner
ceasing to occupy one (1) of the dwelling units as the owner,s
principal residence. In the event of an owner,s demise, the
occupant of an accessory apartment may continue in occupancy
until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first
OCCUr.
II
All conversions shall be subject to the inspection of the
Building Inspector and renewal of the certificate of
°eet~l~ complianc_e annually.
(m) The building which is converted to permit an accessory
apartment shall be in x~stence and have a valid certificate of
occupancy issued prior to January 1, 198~t or proof of
occ____Upancy prior to that date.
This Local Law shall take effect upon its filing with the Secretary of
State.
Underscore represents additions
Overstrike represents deletions
NYS DEPARTMEHT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, NY 12231-0001
DATE: 6/1/93
Local Law Acknowledgment
I-- JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
SOUTHOLD NY 11971
I_
DOS-236 (Rev. 6790)
/"0~tC;T~Lwln~Yof Southo ld
LOCAL LAWCS) BO. ~ YEAR
5 & 6 I 1993
F[L[NG DATE
5/27/93
--I
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
i62 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form tn file a loCal law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter~
of ......................... .s_9_u__t.b. gJ. . ....................................................
Local Law No .............. _6. ..................... of the year 19--9--3--
A local law ......J ....... .I.n....R..e__l.a.t_! .o..n.._t_.o.._A._c_.q.e.s_.s.9.r.Y...A.p_.a._r. Lm__e__n_~A ....................................
(l.s~n Title)
Be it enacted by the ................. .T..o_.w_.n___.B..o..a._r.d. ..................................................... of the
XY~ of ........................ -S--°--u-th-°-[-d- .................................................... as follows:
Town
Chapter 100 (Zoning} of the Code of the Town of Southold is hereby
amended as follows:
Section 100-1.3 IDefinitions} is hereby amended by adding thereto the
following:
CERTIFICATE,.OF COMPLIANCE - A document issued by the Building
Inspector certifying that the premises indicated conform to Zoning
Board of Appeals requirements for bed and breakfast use or
accessory apartment use at the time of issuance.
2. Sectior~ 100-31(B)141k-m} is hereby amended to read as follows:
(k)
The certificate of compliance shall terminate upon the
transfer of title by the owner or upon the owner ceasing to
occupy one (1) of the dwelling units as the owner's principal
residence. In the event of an owner's demise, the occupant
of an accessory apartment may continue in occupancy until a
new owner-shall occupy the balance of the dwelling or one (1)
year from date of said demise, whichever shall first occur.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 tRey. 7,'91) (l)
II.
(i)
All conversions shall be subject to the inspection of the
Building Inspector and renewal of the certificate of
compliance annually.
(m)
The building which is converted to permit an accessory
apartment shall be in existence and have a valid certificate
of occupancy issued prior to January 1. 1984 or proof of
occupancy prior to that date.
This Local Law shall take effect upon its filing with the Secretary of
State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ................6..... ........... ._ .... of 19--9--3--
(;~ - Southold
¢f the ( ~ ~({git~)(Town)('~]~ of .... : ............................................................ was duly pass,ed by the
_~[.o_.w__n___~_o_.a£_c]_ ............................ on --~9-Y---2--0--· .... 19 _9_-3_, in accordance with the applicable provisions of law.
(Name o[Leg~$lative BodyJ
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
ciisapproval) by the ........................................ } .........and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Offu:er*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of £egislative llody)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(.permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genemt)(special)(annual) election held on ..................19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of £egi~lative Body)
'disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Cltief lZxecu~ive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19-_.., in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor ora city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revlston proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 .....
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local laxv No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
.I further certify that I have compared the preceding local law with the original on file in this office and that the same '
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ....... ! .... , above.
Clerk of~.e C~unty legislative body, City, To'an or Villag~lerk
or officer designated by local legislative body ~
JUDITH T. TERRY, TOWN CLERK
(Seal) Date: May 21, 1993
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereb~ certify t~at the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the localf~n~ereto. ~ ~
Signatu~ I ' ' " --
MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY
Title
tgi~yX of
Town
Date:
Southold
May 21, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
May 20, 1993
5:20 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ACCESSORY
APARTMENTS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The second public hearing of the afternoon is a "Local
Law in Relation to Accessory Apartments". Judge Edwards has the proof of verifi-
cation, and publication of such.
JUSTICE EDWARDS: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
20th day of April, 1993, a Local Law entitled, "A Local Law in Relation to Accessory
Apartments". Notice is further given that the Town Board of the Town of Southold
will hold a public hearing on the aforesaid Local /aw at the Southold Town Hall,
Main Road, Southold, New York, on the 20th day of May, 1993, at 4:32 P.M., at
which time all interested persons will be heard. This proposed "Local Law in
Relation to Accessory Apartments" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 (Definitions) is hereby amended by addincj thereto
the following:
CERTIFICATE OF COMPLIANCE - A document issued by the
Buildincj Inspector certifying ti~at the premises indicated conform
to Zonincj Board of Appeals requirements for bed and breakfast
use or accessory apartment use at the time of issuance.
Pg 2 - PH LL Accessory ~oartments
2. Section 100-31(B)14(k-m) is hereby amended to read as follows:
(k) The certificate of occupancy compliance shall terminate upon
the transfer of title by the owner or upon the owner ceasing
to occupy one (1) of the dwelling units as the owner's
principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the
dwelling or one (I) year from date of said demise, whichever
shall first occur.
(I) All conversions shall be subject to the inspection of the
Building Inspector and renew of the certificate of
o¢e~1~'~ compliance annually.
(m) The building which is converted to permit an accessory
apartment shall be in existence and have a valid certificate
of occupancy issued prior to January I, 1984 or proof of
occupancy prior to that date.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions
** Overstrike represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May 4, 1993. Judith T. Terry,
Southold Town Clerk." I have proof of publication of this legal notice in The
Long Island Traveler-Watchman on the 13th day of May, 1993. I have proof of
posting on the Bulletin Board on the Town Clerk's Bulletin Board, Southold Town
Hall, on the 7th day of May, 1993. I have a letter from the Director of Planning,
Arthur Kuntz, Pursuant to the requirements of Sections A 14-14 to 23 of the
Suffolk County Administrative Code, the above referenced application which has
been submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not be
construed as either an approval or disapproval. Signed by Arthur H. Kunz,
Director of Planning. I have a letter from the Planning Board. Dear Mrs. Terry,
Proposed Local Law on Certificate of Compliance, Section 100-13 and 100-31(B)14,
the Planning Board adopted the following report at its public meeting of May 3,
1993. Be it resolved that the Planning Board has reviewed the aforementioned
proposed Local Law and finds it has no objections to the same. Signed, Richard
G. Ward, Chairman, and that's it.
SUPERVISOR HARRIS: Thank you, Judge. Are there any members of the
audience, that would like to address this Local Law at this time? (No response.)
Hearing none, 1'I1 declare this public hearing closed.
~-~Judith T. Terry ~
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
has been presented to the
Town Board of the Town of
Southold, Suffolk County,
New York, on the 20th day of
April, 1993, a Local Law en-
titled, "A Local Law in Rela-
tion to Accessory Apart-
meats."
NOTICE IS FURTHER
GIVEN that the Town Board
of the Town of Southold will
hold a public hearing on the
aforesaid Local Law at the
Southold Town Hall, Main
Road, Southold, New York,
on the 20th day of May, 1993,
at 4'.32 P.M., at which time all
interested persons will be
heard.
This proposed "Local Law
in Relation to Accessory
Apartments" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
I. Chapter 100 (Zoning) of
the Code of the Town of
Southold is hereby amended
as follows:
1. Section 100-13 (Defini-
tions) is hereby amended by
adding thereto the following:
CERTIFICATE OF COM-
PLIANCE -- A document
issued by the Building Inspec-
tar certifying that the premises
indicated conform to Zoning
Board of Appeals re-
quirements for bed and
breakfast use or accessory
apartment use at the time of
issuance., ~ ~
2. Section 100-3~(B)~
m) is hereby ame~ tO r~d
as follows:
(k) The certificate of loc-
cupancy] compilnnce shall be
minatc upon the transfer of ti-
tie by the owner or upon the
owner ceasing to occupy one
(1) of the dwelling units as the
owner's principal residence. In
the event of an owner's
demise, the occupant of an ac-
cessory apartment may con-
tinue in occupancy until a new
owner shall occupy the
balance of the dwelling or one
(1) year from date of said
demise, whichever shall first
COUNIY OF SUFFOLK
SS:
SI'AI'I~ OF NEW YORK
Palricia Wood, being duly sworn, says that she is the
Editor, of THE LONG iSLAND TRAVELER-WATCHMAN,
a public r~ewspaper printed at Southold, in Suffolk County;
and that tile notice of which the annexed is a printed copy,
has been published in said Long Island 'l'raveler-Watcbman
once cacll week for ...................... '~ .... weeks
successively, commencing on the ......... /.~:~ ..........
/'~ clay or
Swcrrn to before me this .....................
(1) All conversions shall be
subject to the inspection of the
Bulding Inspector and renewal
of the certificate of [occupan-
cy] e0mpilanee annually.
(m) The building which is
converted to permit an ac-
cessory apartment shall be in
existence and have a valid cer-
tificate of occupancy issued
prior to January 1, 1984 or
proof of occupancy prior to
that date.
II. This Local Law shail
take effect upon its filing with
the Secretary of State.
Bold represents additions.
[Brackets] represents deletions.
Copies of this Local Law
are available in the Office of
the Town Clerk to any in-
terested persons during
business hours.
DATED: May 4, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-$/13/93(24'~
Notary Public
BARBARA A, SCHNEIDER
NOTARY PUBLIC, State of New York
No. 480~46
Q~!alified in Suffolk County
Commission Expiles