45:00 ADOPTION OF LOCAL LAW NO. 1 OF 2000 - AMENDING THE ACCESSORY APARTMENT PROVISIONS OF THE ZONING CODE

WHEREAS, the Board of Trustees of the Village of Hastings-on-Hudson amended its Zoning Code in 1995 to add provisions permitting accessory apartments as a special permit accessory use in certain residential districts in the Village, and

WHEREAS, the Planning Board of the Village of Hastings-on-Hudson has granted 29 accessory apartment permits under those provisions, and

WHEREAS, many of those applications came before the Planning Board for renewal over the past two years, and

WHEREAS, the Planning Board believed that the renewal process for accessory apartment permits is unnecessarily burdensome for the applicants and the Planning Board, and therefore recommended that it be replaced with a simplified administrative process, and

WHEREAS, the Planning Board also recommended that the accessory apartment provisions be amended to state expressly that the Planning Board may impose conditions in granting accessory apartment permits, and

WHEREAS, the Board of Trustees held two public hearings to consider amending the renewal provisions for accessory apartment permits, and

WHEREAS, the Board of Trustees determined that the opportunity for neighbors to be heard by the Planning Board on renewals was an important aspect of the accessory apartment law, and

WHEREAS, the Board of Trustees did agree that the requirement of certified mailings was unnecessarily burdensome and that there should be an express provision for imposing conditions on accessory apartment permits, now therefore be it

RESOLVED: that the Mayor and Board of Trustees hereby adopt Local Law No. 1 of 2000 amending the accessory apartment provisions of the Zoning Code as follows:



1. Section 295-67 D (2) (b) is hereby amended by adding the following paragraph between paragraphs [2] and [3]:

In granting an accessory apartment permit, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are consistent with the spirit and intent of the Accessory Apartment Law.


2. Section 295-67 D (2) (b) [11] is hereby amended by adding the following underlined language to the last sentence of that paragraph:

In addition to the foregoing, any owner who violates any provision of this subsection or any condition imposed by the Planning Board in granting the permit shall be subject to the revocation of the accessory apartment permit by the Planning Board.

3. Section 295-67 D (2) (b) [7] is hereby amended to read as follows (new language underlined):

An accessory apartment permit shall be issued for a period of not more than three years and may be renewed by application to the Planning Board. Prior to renewal of the accessory apartment permit, the Building Inspector shall inspect the accessory apartment and determine that all the requirements of this subsection are met. The Planning Board shall conduct a public hearing on the renewal application on the same notice as that required for a zoning variance except that mail notice need not be by certified mail.