§ 70-195.16. Standards for residential development.

A. 

Unless otherwise authorized by the Board of Zoning Appeals, applications for the alteration or new construction of cellars shall be limited to:

(1) 

Interior walls along the cellar exterior.

(2) 

Interior partitioning for the installation of laundry facilities, two-piece bathrooms, boilers or other mechanical equipment.

(3) 

Storage closets containing areas with no horizontal dimension exceeding six feet.

B. 

The following features are prohibited in a cellar, unless authorized by the Board of Zoning Appeals:

(1) 

Any interior partitioning which creates a room or space that exceeds six feet in any horizontal dimension or which contain separate closet space within.

(2) 

Bathrooms with three or more fixtures or a bathroom containing a bath or shower fixture.

(3) 

Plumbing lines other than those for washing machine, laundry tub and a two-piece bathroom.

C. 

The following features are prohibited, unless authorized by the Board of Zoning Appeals:

(1) 

Stairwells that extend from the exterior of a dwelling to either the cellar or an area on an upper floor.

D. 

Board of Zoning Appeals decision.

(1) 

In consideration of an application for exceptions to the limitations specified in § 70-195.16A or for features prohibited in § 70-195.16B or C, the Board of Zoning Appeals shall base its decision on the following factors:

(a) 

That the property owner has had no prior convictions related to illegal occupancy;

(b) 

That granting a special exception will not result in overcrowding, increase the danger of fire or otherwise endanger the public safety; and

(c) 

That granting a special exception will not have a negative impact to neighboring properties nor adversely affect the public health or general welfare.

(2) 

Any subsequent conviction related to illegal occupancy at the subject premises shall result in a revocation of the special permit and the removal of any physical features constructed pursuant to the special permit.

E. 

For purposes of this article, "illegal occupancy" shall mean the following:

(1) 

Any condition where the occupancy exceeds the permitted occupancy calculation under the Town Code or New York State Code;

(2) 

Any condition where the use exceeds the permitted occupancy stated on the certificate of occupancy or certificate of existing use;

(3) 

The occupancy and use of a nonhabitable space or a nonhabitable room, as defined in § 2-132 of the Town Code, for sleeping purposes;

(4) 

The occupancy and use of any room or space that has been created by means of an illegal conversion.

F. 

The Commissioner of the Building Department may reject an application for a dwelling that contains features that would enable the creation of an accessory apartment on any property that would not legally permit a two-family structure in conformance with the applicable zoning.

G. 

No more than one garage may be provided on a residential property. Applications for the construction or alteration of a garage may not involve interior partitioning or the installation of kitchen or bathroom facilities.

H. 

No more than one electric meter shall be permitted at any dwelling without a valid approval from the Town as a two-family residence.

Amended 7-29-2008 by L.L. No. 7-2008; 9-22-2008 by L.L. No. 9-2008; 9-29-2015 by L.L. No. 10-2015