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Can anyone tell me if in-law apartments are legal in Town of Islip?
My father-in-law is a disabled veteran who lives with us and we care for. He is a wonderful man but, as he ages, his needs grow and we are finding our home not conducive to his needs!
We want him to have his own space on ground-level and be comfortable with a handicap-accessible bathroom.
My husband wants to look into building an apartment for him behind our house. But is this even legal? Is there any way we can make it legal? We have very finicky neighbors next door and I'm sure they would balk, so I want to make sure things would be compliant with the Town or they would for sure have our heads lol
If this option is not legal, is there any other similar option that is??
There is a section in the Town Code (available on the Town website) called "accessory apartments," section 68-600. They are permitted in theory but subject to various restrictions, one of which is that it can't be a separate structure.
Unfortunately our space inside our home is as tight as it gets and we don't have the means to put an extension on our existing house.
Does being a disabled veteran count for anything for him? Is there any way to go about getting an "exception" made for him? We want him close to us and his grand kids, but we can't put his well-being at risk here.
Does being a disabled veteran count for anything for him?
Just thinking out loud...
The disabled vet aspect probably won't help directly.
However, you may be able to apply for a variance. A variance can allow for an "exception" in the codes. There is a process to do this, and you need to be able to make a good case to the zoning board. I highly recommend you consult a good lawyer on the topic and how it may apply to your situation.
I received a variance for a swimming pool many years ago. Through some abnormality in zoning, my home was zoned as a different class of residential property than every other similar home in the area. This severely limited the percentage of property I was able to "develop." The result was that people with much smaller property (and the same house) were able to build a pool, while I was not.
I gathered all the facts and applied for a variance. Among other things, I had to appear at the zoning board meeting to present my case. I made a professional and informed presentation. The board thanked me and approved the variance. Others, many of whom came in unprepared and uninformed, were not so fortunate.
Your project seems a little more ambitious. With a little research, you may be able to make a strong case for the town zoning board to get your variance. In the context of a zoning board presentation, the disabled vet angle MAY be of some small help.
If a "detached" building is not going to be approved, perhaps you can find a way to "attach" that building to your current home and technically comply with the code. In the end, that may be easier for compliance than a non-attached second residence on your property.
There may be a loophole here, but there are a lot of "ifs".
I believe Town of Islip allows sheds under 144 sq ft to be built without a permit as long as they are 4 feet from the property line.
The problem is, of course, with respect to plumbing and electric. I believe these are not allowed for a "shed". Don't know if you could get away with a composting toilet and solar panels for electricity but that wouldn't help during the heat of summer or cold of winter. I know people (not in Islip) who made their shed into a sort of home office by running electric, but didn't add plumbing.
@markjames68 - good points. In some circumstances, that may be a way around the rules.
In this situation, I'm not sure it is a good idea for the OP. This is a disabled vet who is likely living there because he probably needs some extra help. Solar panels and a composting toilet seems a bit complicated for the individual. Lack of heat, as you point out, it surely a deal breaker.
A lot comes down to how exactly the town code is written and enforced. In some cases those "home office sheds" may be considered "living space" and thus in violation of code. A few LI town codes I have read are usually clear on what constitutes a "storage" or "utility" building. Again, things depend on the town and the inspector. With "finicky" neighbors, I would not want to push the limits of the code too far.
Depending on how "independent" the individual is (or is expected to be 5, 10+ years down the road) I would highly recommend finding an option that is somehow attached to the house and can be accessed from the house. "Help, I've fallen and can't get up" is a much bigger problem when there is a yard full of snow separating you from help (or hearing your call for help). Aside from these practical considerations, I still believe it will be much easier to get permits/town approval.
edited to add: the "attached" concept will also likely be less expensive. Having a legal living space in the yard will involve other building codes such as access paths. It is not as simple as dropping in a shed and adding sheetrock to the inside.
Variances might in theory be permitted, but I doubt his veteran status will be a meaningful reason to depart from the building code rules. In any event, as Joe says above, you should not assume that a detached structure will be less expensive even if doable. You need to get water, sewage and electric to the addition, and you will not get a legal apartment without a minimal kitchen and a real bathroom. You are also going to need to think about access ramps, ADA-compliant bathroom and other things if he is significantly disabled. You should talk to the Town about what is theoretically doable, and then talk to some contractors about what practically could be done to expand/reconfigure your house to accomplish your needs.
Variances might in theory be permitted, but I doubt his veteran status will be a meaningful reason to depart from the building code rules. In any event, as Joe says above, you should not assume that a detached structure will be less expensive even if doable. You need to get water, sewage and electric to the addition, and you will not get a legal apartment without a minimal kitchen and a real bathroom. You are also going to need to think about access ramps, ADA-compliant bathroom and other things if he is significantly disabled. You should talk to the Town about what is theoretically doable, and then talk to some contractors about what practically could be done to expand/reconfigure your house to accomplish your needs.
Plus, if you need sewage and aren't on city sewers you then might have to upsize your cesspool/septic system. There might be an upgrade needed to the electric panel. And so on.
I think it's a great idea (and OP is an angel for wanting to help) but it will be an uphill battle. Almost might be better to look for another property with an approved in-law apartment.
If you can't build an addition to your house...........how can you build a separate "apartment" unit?
I'm also confused.. You can't afford an extension but you can build an accessory apartment in your yard?
Most towns allow you to file for a Mother-Daughther / Immediate Family Apartment. This means an apartment within the home.
If you can't afford to do a project, sell your home and find a house that is big enough to have a legal apartment. Or if he doesn't even need a kitchen, then you don't even need to give him an apartment, just give him a room. If there is no kitchen, he can just live there without getting the town involved.
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