Accessory apartments.

[Added 2-2-1995]A. Intent and purpose. It is the specific purpose and intent of this section to permit accessory apartments in single-family detached dwellings in single-family residential districts in the Town of Webster in order to meet the diverse housing needs of persons living in the Town of Webster. It is a further purpose of this section to allow the more efficient use of the Town's existing housing stock. It is also the intent of these provisions to assure that the single-family detached dwelling character of the property will be maintained and the accessory apartment remains subordinate to the primary residence.B.

Eligibility. Accessory apartments may be located in single-family detached dwellings located on properties in R-1 Single-Family Residential Districts, R-2 Single-Family Residential Districts, R-3 Single-Family Residential Districts and LL Large-Lot Single-Family Residential Districts.C. Standards.(1) Location of unit.(a) Any accessory apartment must be located in the principal dwelling unit on the premises. No accessory apartment shall be located in a detached accessory building or structure, except as follows:(b) Where the lot area is at least twice the required minimum lot area for the district in which it is located, an accessory apartment may also be established, as described above, in a barn, garage or other detached building on a residential property.(2) Number of units.

There shall be no more than one accessory apartment permitted for each building lot.(3) Size. The accessory apartment shall be limited to a maximum of 35% of the gross floor area of the principal dwelling, excluding the floor area of the accessory apartment, or 750 square feet, whichever is less, if located in the same building as the principal dwelling; and 35% of the total floor area of the detached building, excluding the floor area of the accessory apartment or 500 square feet, whichever is less, if located in a detached building.(4) Occupancy. The principal dwelling unit in which an accessory apartment is located must be occupied by one or more of the owners of record of property on which the principal dwelling unit is located.(5) Construction standards.

The principal structure and the accessory apartment shall comply with the New York State Uniform Building and Construction Code requirements.(6) Utility service. The principal dwelling unit and the accessory apartment shall have only one service and one meter for each utility servicing the property. There shall be only one sanitary sewer service, one water line service, one electricity service and one natural gas service.(7) Special benefit charges. All special benefits district or improvement district charges assessed and levied shall be levied on the basis that the property is a single-family residential property.(8) Exterior.

The structure in which the principle dwelling unit and accessory apartment is located shall maintain the appearance of a single-family detached dwelling.(9) Interior access. When located in the principal dwelling, there must be at least one unobstructed passageway between the principal dwelling unit and the accessory apartment.(10) Access to structure. Separate exterior access to the accessory apartment is permitted; however, no separate exterior access to the accessory apartment shall be located at the front of the structure.(11) Access to parcel. Access to the parcel shall be limited to one point of ingress and egress or curb cut at the parcel's right-of-way lines regardless of the number of right-of-way lines of the parcel.(12) Recorded restrictions.

Prior to issuance of a certificate of occupancy, the property owner(s) shall deliver to the Town Building Inspector an agreement, in form and substance acceptable to the Town and suitable for recording in the Monroe County Clerk's Office, acknowledging the property's eligibility and the applicable standards for the property's accessory apartment.D. Permits and certificates of occupancy.(1) Building permits and certificates of occupancy for accessory apartments in compliance with Chapter 119, Article II, of the Code of the Town of Webster shall be required and issued.(2) All accessory apartments in existence prior to the effective date of this section shall obtain a certificate of occupancy within one year after the effective date of this section, provided that the accessory apartment complies with the provisions of Subsection C above.E.

Variances; waivers. The Planning Board may waive, subject to appropriate conditions, the requirements of this section relative to the size, utility service, exterior design and/or access of the accessory apartment. The Planning Board may grant such waivers in special circumstances where it determines that these requirements are not necessary to protect the interest of public health, safety and general welfare of the Town and is constructed in such a manner that it maintains the character and scale of the adjoining residences and blends into the existing neighborhood. Notwithstanding the foregoing, any application for waivers requested for accessory apartments that exist under Subsection D(2) shall be made to the Town Board.F.

Effective date. This section shall take effect as provided by law.