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local law 2 pages

Also attached to this agenda item: Backyard Building Presentation CAF - LL Intro 21 of 2023 Local Law Intro 21 of 2023 Memo to VB - Local Law 21-2023 November 27th Resolution 240-2023 Local Law Intro 21... SEAF PART I WAC Local Law 21of 2023 Amend Chapter 230 Zoning WC Planning Board Letter

Current Village law Original DraŌ Amendment Revised DraŌ 10.23.23 LocaƟon Accessory apartments permited in single- family detached dwellings in residenƟal districts Accessory apartments and cotages permited in single-family detached dwellings and in accessory structures in residenƟal districts Accessory apartments and cotages permited in single-family detached dwellings and in accessory structures in residenƟal districts Accessory Cotage RegulaƟons Not permited Must comply with all accessory structure regulaƟons. Any such structure must have a minimum setback of 10 feet except those conforming structures in existence at the date of adopƟon may have setbacks less than 10 feet Must comply with all accessory structure regulaƟons. Any such structure must have a minimum setback of 10 feet except those conforming structures in existence at the date of adopƟon may have setbacks less than 10 feet Owner-occupied Yes Yes Yes, with excepƟon for new construcƟon being built with intenƟon of being owner-occupied. Planning Board approval Yes, for new units; approval become void upon change of ownership, death of owner or change of residence for owner. If new owners wish to conƟnue use, must apply to Planning Board again. Yes, for new units; if ownership changes, and the new owners wish to use accessory apartment, the Building Department shall be noƟfied within 90 days to confirm compliance with law. Yes, for new units; if ownership changes, and the new owners wish to use accessory apartment, the Building Department shall be noƟfied within 90 days to confirm compliance with law. MulƟple Accessory Dwelling Units permited on One Lot No No No Accessory Dwelling Unit permited on lot with professional office No Yes Yes Planning Board Factors to Consider Character, degree and extent of any addiƟons to dwelling unit Character, degree and extent of any addiƟons to dwelling unit or new accessory structure Character, degree and extent of any addiƟons to dwelling unit or new accessory structure Visibility from Street Separate access shall not be viewable from the street. Building must maintain character and appearance of single-family dwelling Separate access shall not be viewable from the street. Building must maintain character and appearance of single-family dwelling Separate access shall not be viewable from the street, except for accessory cotages. Building must maintain character and appearance of single-family dwelling Building Permit fees Regular fees apply for any addiƟons Accessory dwelling unit fees shall be reduced by 50% Accessory dwelling unit fees shall be reduced by 50% Habitable floor area for ADU in dwelling unit No less than 400 sqŌ and no more than 750 sqŌ or 33.3% of habitable floor area of the dwelling No less than 300 sqŌ and no more than 800 sqŌ or 40% of habitable floor area of the dwelling No less than 300 sqŌ and no more than 800 sqŌ or 40% of habitable floor area of the dwelling. Planning Board has authority to approve smaller or larger units on case-by-case basis. Habitable floor area for ADU in accessory structure N/A No less than 400 sqŌ and no more than 800 sqŌ or larger than the primary dwelling. Planning Board has authority to approve smaller or larger units on case-by-case basis No less than 300 sqŌ and no more than 800 sqŌ or larger than the primary dwelling. Planning Board has authority to approve smaller or larger units on case-by-case basis Off-street parking Must have a minimum of three off-street parking spaces; dwellings in the RA-5 district cannot expand exisƟng parking to meet requirements No addiƟonal parking is required; but Planning Board shall assess parking on a case-by-case basis and may require addiƟonal parking. All exisƟng parking for primary dwelling must be maintained. No seasonal parking permits shall be granted to a property with an ADU unless issued prior to adopƟon date. No addiƟonal parking is required; but Planning Board shall assess parking on a case-by-case basis and may require addiƟonal parking. All exisƟng parking for primary dwelling must be maintained. No seasonal parking permits shall be granted to a property with an ADU unless issued prior to adopƟon date. SepƟc service If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval. • Law shall include a maximum cap of 50 accessory dwelling units in the Village. • The Village Board intends to adopt a resoluƟon waiving all legalizaƟon penalƟes for a period of four months upon the adopƟon of this local law. • The Village Board intends to have proacƟve enforcement of the law following the four-month amnesty period.