§ 163-77. Definitions.

The following terms shall have the meanings indicated:

DWELLING UNIT

As defined in § 163-5.

ENFORCEMENT AUTHORITY

The Village agency or official charged with issuing rental permits and enforcing the provisions of this article. Said agency or official shall be designated by resolution of the Village Board but must be one of the following: the Chief Building Inspector or his designee, or the Code Enforcement Officer.

FAMILY

One of the following:

A. 

One, two or three persons occupying a dwelling unit; or

B. 

Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

(1) 

Evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal custody shall create a rebuttable presumption that such persons do not constitute the functional equivalent of a traditional family.

(2) 

The foregoing presumption may be rebutted by submitting evidence to the Chief Building Inspector that all of the following are present:

(a) 

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;

(b) 

The occupants share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which various occupants act as separate roomers is not deemed to be occupied by the functional equivalent of a traditional family;

(c) 

The group shares expenses for food, rent or ownership costs, utilities and other household expenses;

(d) 

The group is permanent and stable. Evidence for such permanency and stability may include:

[1] 

The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

[2] 

Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;

[3] 

Members of the household are employed in the area;

[4] 

The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;

[5] 

There is common ownership of furniture and appliances among the members of the household; and

[6] 

The group is not transient or temporary in nature.

(e) 

Any other factor reasonably related to whether the group is the functional equivalent of a family.

(3) 

An appeal from the Chief Building Inspector's determination may be taken to the Village Board, by written request, within 30 days of such determination. The Village Board shall hold a public hearing on such appeal within 60 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining or reversing such determination within 30 days after close of such public hearing.

IMMEDIATE FAMILY

The owner's spouse, children, parents, siblings, grandparents or grandchildren.

MANAGING AGENT

Any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity responsible for the maintenance or operation of any rental property as defined within this article.

OWNER

Any person, individual, association, entity or corporation whose name is listed as grantee on the last deed of record for the property, as recorded with the Suffolk County Clerk.

PERSON

Includes any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity.

PUBLISH

Promulgation of an available rental property to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign or electronic media.

REGIONALLY SIGNIFICANT EVENT

A major one-time or recurring event of limited duration that is expected to draw significant numbers of visitors to the Village of North Haven to attend, support or participate in such event.

RENEWAL RENTAL PERMIT

A permit which is to be issued to the owner of the rental property where such dwelling unit has been the subject of a rental permit continuously prior to the date of the application for the permit.

RENT

A return, in money, property or other valuable consideration (including payout in kind or services or other thing of value), for the use and occupancy or the right to the use and occupancy of a rental property, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.

RENTAL PERMIT

A permit issued by the enforcement authority issued to the owner to allow the use or occupancy of a rental property.

RENTAL PROPERTY

A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation. For purposes of this article, the term "rental property" shall mean all non-owner-occupied single-family residences, two-family residences, accessory apartments and townhouses, and shall exclude:

A. 

Properties used exclusively for nonresidential commercial purposes in any zoning district; or

B. 

Any legally operating commercial hotel/motel business or bed-and-breakfast establishment operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.

TENANT

An individual who leases, uses or occupies a rental property.

TRANSIENT

A rental period of 14 days or less.