Southampton Village, NY Accessory Structures: ADU Owner Occupancy (2026)

Article IX of Chapter 116 opens with a statement of purpose that frames the rule: it creates an opportunity for small apartments within the existing structure of owner-occupied single-family detached dwellings (§ 116-50). Section 116-52 then makes residence a condition of the permit itself. No accessory apartment permit is granted, and no special permit remains valid, unless an owner of the lot lives within the principal dwelling unit. Tenants are limited in occupancy to the accessory apartment unit, so the owner keeps the main house.

The paperwork backs this up. Under § 116-61(D), every application must be supplied by the owner or owners of the property, and the applicant files a notarized document with the Board of Appeals stating that the use and permit terminate on any of four events: the death of the applicant or the survivor of the applicant, transfer of title to the premises, the applicant no longer occupying the premises as a principal residence, or conviction for a violation of the section.

Residency is re-proven on a schedule. Section 116-62 requires renewal every three years or upon transfer of title, with an affidavit of residency and notice to the owners of all dwellings within 100 feet of the property. The Board of Appeals can require a public hearing before renewal if neighbor responses or an inspection by municipal officials give reason to believe the permit conditions are not being met. A buyer who wants to keep a permit must act within 30 days of the transfer of title and submit an affidavit of transfer on a Building Department form, a copy of the executed contract and a copy of the deed in form for filing with the Suffolk County Clerk's office (§ 116-64). Section 116-61(F) requires a public hearing before the Village Zoning Board of Appeals for transfers, though not for renewals by the same owner.