Head Of The Harbor - Public Notice Of Local Law On Bed And Breakfasts
Wednesday, November 28, 2018 at 8:38AM
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                          PUBLIC NOTICE
          PLEASE TAKE NOTICE that the Board of Trustees of the
Village of Head-of-the-Harbor will hold a public hearing on the
19th day of December, 2018, at 7:00 P.M., at the Village Hall,
500 North Country Road, Head-of-the-Harbor, New York, to
consider the adoption of a local law as follows:
               LOCAL LAW (Intro.) NO.  3   OF 2018
                           A LOCAL LAW
                        BED AND BREAKFASTS
          BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE
OF HEAD-OF-THE-HARBOR AS FOLLOWS:
SECTION 1.  PURPOSE.
          The purpose of this local law is to enable the use and
maintenance of existing residential structures as a bed and
breakfast establishment.
SECTION 2.  ENACTMENT OF VILLAGE LAW § 165-26.1.

Village Code § 165-26.1 is enacted as follows: § 165-26.1. Bed and Breakfast
A. Definitions.
BED AND BREAKFAST ESTABLISHMENT

               An owner-occupied building designed, used and
          occupied as a single-family residence, managed by the
          property owner and having bedroom accommodations and
          breakfast provisions served in the host's private
          dining room or kitchen for those accommodated as
          paying guests who are referred to, for purposes of
          this section as "guests."
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GUESTS

     Person(s) who pay to stay overnight at the bed
and breakfast establishment.
HOST-HOSTESS
     Owner and occupant of the bed and breakfast
establishment.

B. Location.

     A bed and breakfast may be established in an
existing single family residence located on or
adjacent North Country Road.
C.   Permit Required; Application; Issuance.
     A permit for a bed and breakfast shall be a
special permit issued upon application to the Board of
Trustees and completion of a public hearing conducted
in accordance with the provisions of this section.
Any application fee shall be fixed by resolution of
the Board of Trustees.
D.   Conditions.
     A special permit shall be granted upon
satisfaction of the following:
          1.   The premises shall be the primary
     residence of the owner/host.
          2.   Any special permit issued hereunder
     shall have a duration of one (1) year.
          e.   In no event shall there be more than
     four (4) guest bedrooms, and occupancy is limited
     to two persons per guest bedroom.
          4.   Applicant shall demonstrate compliance
     with all state and local health, electrical,
     fire, building, sanitation and maintenance codes
     applicable to the bed and breakfast use.
          5.   Each guest room shall have one or more
     windows allowing emergency egress.

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                    6.   A smoke and carbon monoxide alarm shall
               be installed and maintained in each guest room
               and on each floor.
                    7.   Required on site parking shall be one
               space per guest room plus two spaces.
                    8.   Only one sign not exceeding two square
               feet may be installed at the premises.
                    9.   No cooking facilities are permitted in
               a guest room.
                    10.  Occupancy for any guest is limited to
               seven nights.

E. Renewal.

               Any special permit for a bed and breakfast
          establishment may be renewed for successive one year
          periods provided any such renewal shall require a
          public hearing and a report of an inspection of the
          Building Inspector addressing current compliance with
          all applicable conditions.
SECTION 3.  SEVERABILITY.
          Should any part or provision of this local law be
decided by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the local law as a
whole nor any part thereof other than the part so decided to be
unconstitutional or invalid.
SECTION 4.  EFFECTIVE DATE.
          This Local Law shall take effect immediately upon
filing with the Secretary of State as provided by law.
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All persons in interest will be heard by the Board of
Trustees at the public hearing to be held as aforesaid and may
appear in person or by representative.  The Village Hall is
accessible to handicapped persons.
Dated:    November 20, 2018
BY ORDER OF THE BOARD OF TRUSTEES OF
THE VILLAGE OF HEAD-OF-THE-HARBOR
BY:  Margaret O'Keefe, Village Clerk
Article originally appeared on Smithtown Matters - Online Local News about Smithtown, Kings Park, St James, Nesconset, Commack, Hauppauge, Ft. Salonga (http://www.smithtownmatters.com/).
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