Riverhead, N.Y., Code of Ordinances ch. 263 (eCode360 ed. 2026) § 263-5.2

A. No owner, person, authorized agent, managing agent, or designee responsible for the maintenance, collection of rent, or the operation of rental dwelling unit(s) shall allow the rental occupancy within to exceed of the maximum occupancy limit provisions set forth herein. Maximum occupancy limits for rental dwelling units shall be determined as follows: (1) In any rental dwelling unit(s), the maximum number of occupants per any bedroom shall be calculated based on the clear floor area in square feet, (excluding closets and nonhabitable spaces) the occupant load in any bedroom shall not exceed: (a) One occupant per bedroom having a clear floor area of at least 70 square feet but less than 100 square feet; (b) Two occupants per bedroom having a clear floor area of at least 100 square feet but less than 150 square feet; (c) Three occupants per bedroom having a clear floor area of at least 150 square feet but less than 200 square feet; (d) Four occupants per bedroom having a clear floor area of at least 200 square feet but less than 250 square feet; (e) Five occupants per bedroom having a clear floor area of at least 250 square feet but less than 300 square feet; (f) Six occupants per bedroom having a clear floor area of at least 300 square feet but less than 350 square feet; (g) Seven occupants per bedroom having a clear floor area of at least 350 square feet but less than 400 square feet; (h) Eight occupants or more shall be calculated at a rate of 50 square feet per occupant per bedroom having a clear floor area of at least 400 square feet or more. (i) Each continuing day in which a rental dwelling unit(s) is occupied over the maximum occupancy limits provisions set forth in Subsection A(1) above shall be a deemed a separate offence and punishable by the fines set forth in this chapter. (2) It shall be a separate offense for any owner, person, authorized agent, managing agent, or designee responsible for the maintenance, collection of rent, in the operation of Rental Dwelling unit(s) to knowingly, intentionally or negligently allow the conversion of any room or any attached garage structure within said rental dwelling unit into a bedroom for sleeping purposes which is not lawfully depicted on the floorplan submitted in accordance with 236-5A(5) of this chapter as a bedroom for sleeping purposes without a permit or certificate of occupancy issued by the Building Department to modify such room into a bedroom for sleeping purposes; (3) The conversion or use of any detached garage, accessory building or structure upon any property for which a rental dwelling unit is situated upon used as either a separate and distinct rental dwelling unit and/or occupied or converted to a space used for sleeping purposes is strictly prohibited. Except owner-occupied accessory structures which have obtained a valid accessory apartment permit in accordance with Chapter 105 of this Code. B. Each rental dwelling unit as defined in this chapter shall only be leased, occupied or used by one family or the functional equivalent thereof, as defined in this chapter. Any use to the contrary shall be deemed unlawful. C. One-family rental dwelling unit(s) used for a rental occupancy(s) shall be permitted to have not more than two lawful sleeping rooms (bedrooms) in any lawful basement of a rental dwelling unit. For the purposes of this Subsection C , the term "lawful" shall mean habitable space constructed in conformance with the New York State Fire and Building Code, which has also obtained a valid certificate of occupancy issued by the Town of Riverhead Building Department for such habitable sleeping room(s) (bedroom(s)). Any preexisting basement which contains more than two lawful habitable sleeping rooms (bedrooms) within any one-family dwelling unit shall be in conformance with this subsection prior to renting and/or obtaining a rental occupancy permit. D. There shall be no habitable sleeping rooms (bedrooms) situated within any basement within any rental dwelling(s) used as a rental occupancy of any two-family dwelling, multiple-family dwelling, apartment house, garden apartments, condominium or town house. Any habitable space or bedroom(s) lawfully preexisting in any two-family, multiple-family dwelling unit(s), apartment house, garden apartment, condominium or town house, if being used as a rental occupancy shall be in conformance with this Subsection D prior to the collection of rent and/or obtaining a rental occupancy permit. E. Any use of a third story and/or attic space for habitable space, sleeping room(s) or bedroom(s) within any one-, two-, or multiple-family rental dwelling unit(s) is strictly prohibited. Exception for preexisting multifamily rental dwelling units: this subsection does not apply to the lawful occupancy of any third story within any preexisting use of a multifamily dwelling unit(s) that has met all standards set forth in § 263-5.1 , entitled Life safety features required for third floor occupancies. For the purposes of this subsection, the term "preexisting use" shall mean any building or structures which has obtained approvals from the Town of Riverhead for the lawful use of the third story for habitable sleeping and/or bedroom(s) which existed and was used continuously prior to effective date of this Chapter 301 entitled Zoning. F. Driveways. The owner, person, authorized agent, managing agent, or designee responsible for the maintenance, collection of rent, and/or operation of any rental dwelling unit(s) shall ensure that the property for which a rental dwelling unit(s) is situated upon has the adequate off-street parking areas (driveway) in accordance with this chapter. For the purpose of this subsection, an adequate driveway is defined as a distinct area situated upon of a property for which a rental dwelling unit(s) is situated that is constructed of asphalt, pavement, cement, blue stone, decorative pebbles (exclusive of any recycled concrete or asphalt aggregate) in which automobiles use for the means of ingress or egress, or for the parking of automobiles upon a rental dwelling unit(s) property. Requirements for all off street parking areas (driveways) for which a rental dwelling unit(s) are situated are as follows: (1) Adequate minimum off-street parking areas (driveways) shall be calculated based off the number of bedrooms within the rental dwelling unit at a minimum rate two per dwelling unit plus one additional off-street parking required for each bedroom thereafter in excess of three bedrooms. Except in cases whereby impervious or pervious lot coverage is not feasible and such is approved in writing by the Code Enforcement Official. (2) The depiction and location of the driveway as described herein must be a minimum width of 10 feet shall be indicated on the property survey, (done to scale, ex. 1/4" = 1 ft) submitted as part of the rental application. (3) In no case will a dirt or a compacted soil driveway be permitted upon any rental property. All preexisting properties which have a rental dwelling unit(s) situated upon with a dirt or compacted soil driveway and/or any other driveway material not consistent with the term "driveway" in Subsection F above, shall be in compliance with this code within one year of the adoption of this § 263-5.2 . Failure to comply shall result in a violation of this section and the potential revocation or suspension of any rental occupancy permit or rental occupancy registration. (4) All driveways must be kept in a proper state of repair and free from hazardous conditions. (5) There shall be no parking of automobiles or motor vehicles within the rear yard area (as defined in Chapter 301 of this code) for which a rental dwelling unit is situated unless the parking of automobiles or vehicles is upon a driveway which conforms to the requirements of this chapter and extends continuously from the front yard through the side yard and into the rear yard. (6) The width of any driveway that extends into the rear yard area of any rental property shall not exceed 25 feet in any plan dimensions. Except in cases whereby the lot coverage is sufficient in size for imperious or pervious surfaces and/or in cases of preexisting driveways, either of which must be approved in writing by the Code Enforcement Official. (7) There shall be no parking of automobiles or motor vehicles in any other area situated on the rental dwelling unit(s) property except the approved driveway(s) as defined in Subsection F above. (8) There shall be no parking of more than two commercial automobiles or motor vehicles on any driveway for which a rental dwelling unit(s) is situated upon. For the purposes of this subsection, a commercial vehicle shall be considered any vehicle that has a commercial license plate affixed and/or any vehicle which bears any form of commercial insignia related to any business use. G. A rental dwelling shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the building or structure. H. The owner, person, managing agent, or designee responsible for the maintenance, collection of rent, and/or operation of a rental dwelling(s) as designated on the rental occupancy permit application shall ensure that all property maintenance regulations provided for in Chapter 263 and Chapter 217 Part 5 of the Code of the Town of Riverhead are adhered to. I. Dumpsters shall be prohibited on any rental dwelling properties of any one-, two- or multifamily dwelling unit(s). The Town of Riverhead may promulgate additional site-specific conditions associated with dumpsters, screening facilities, and off-street parking requirements for rental dwelling properties other than one-, two- and multiple-family dwelling units as defined in Chapter 301 of this code. J. Publishing of rental occupancy permit number required. It shall be unlawful and a violation of this chapter for any person or entity to cause to be published any advertisement for any rental dwelling(s) in the Town of Riverhead, or outside the Township of Riverhead or located wholly or partially therein, without including the rental occupancy permit number issued by the Town of Riverhead for the advertised rental dwelling unit(s). Except that a person may temporarily (for a period not to exceed three months) advertise a rental dwelling(s) with the rental occupancy registration number (separate and distinct from a rental occupancy permit number), issued to those rental dwelling owners as recognition of their competed rental occupancy permit application submittal, however any owner, managing agent shall update any and all publishing materials and/or advertisements at the expiry of the three-month rental occupancy registration with the rental occupancy permit number. Failure to abide by such conditions shall be a ground for suspension or revocation of a rental occupancy permit and a violation of this chapter.