Town of LeRay, NY
Jefferson County
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Table of Contents
Table of Contents

§ 158-118 Purpose.

The purpose of this article is to accommodate small-scale owner-occupied businesses, trades or professions within residential and agricultural areas. In accommodating such activities, it is the intent that there will be no degradation of the character, functionality or quality of life of neighborhoods in which these activities occur. A home occupation shall be conducted in a manner which does not give the outward appearance of a nonresidential use or business being conducted on the premises, does not infringe on the right of neighboring landowners to the quiet enjoyment of their land, is not a nuisance, and does not alter the land use pattern of the district in which the lot is located.

§ 158-119 Permit and approval process.

A. 
Minor home occupations shall be required to file a completed home occupation permit and pay such fees as determined by the approved fee schedule to the Town Clerk. Said permit shall be signed by the applicant, certifying compliance with the conditions of the home occupation permit.
B. 
Major home occupations as identified below shall be required to apply for and obtain site plan approval and a special use permit pursuant to Article XX and Article XVI, respectively.
C. 
A copy of said special use permit or home occupation permit shall be retained and produced upon demand for review by any individual with the authority to inspect the premises.
D. 
Any change, expansion or alteration of an existing and permitted home occupation in breach of the conditions stated herein shall cause said special use permit or home occupation permit to become void.
E. 
Home occupation permits shall be valid for a period of three years, at which time the applicant shall be required to obtain a new permit and pay fees as determined by the approved fee schedule to the Town Clerk.

§ 158-120 Minor home occupations.

A. 
The following conditions shall be met for consideration as a minor home occupation:
(1) 
No physical change to the exterior of a principal or accessory structure is required to accommodate the home occupation.
(2) 
The home occupation does not include or require the utilization of an accessory structure larger than 240 square feet in size.
(3) 
The home occupation shall employ no more than one nonresident employee at any one time.
(4) 
Signs for the home occupation shall conform to Article XIII.
(5) 
There is no exterior storage of materials, equipment, vehicles or supplies used in the home occupation.
(6) 
No tangible articles or products are offered for sale or repair services provided at the property.
(7) 
There shall be no exterior display or exterior storage of materials, equipment, vehicles or supplies used in the home occupation.
(8) 
The home occupation shall not generate traffic beyond that normally expected in the particular zoning district.
(9) 
The home occupation shall not allow the use of the property as a meeting place or gathering location for nonresident employees for work elsewhere or the storage of materials, equipment, vehicles, or supplies for use elsewhere.
(10) 
No equipment, process or activity shall be used or performed that creates noise, vibration, glare, fumes, odors, or electrical interference detectable by the normal senses of persons beyond the limits of the property. In the case of electrical interference, there shall be no radio or television disruption outside the dwelling unit or fluctuations in line voltages off the premises.
(11) 
The home occupation shall not use, store, produce or dispose of any toxic or hazardous substance.
(12) 
The home occupation may not involve teaching, tutoring, or similar personal instruction and/or care of more than five students or clients in the dwelling unit at any one time.
(13) 
Off-street parking spaces for the property shall not exceed the minimum requirement for such residential use in said zoning district plus two additional spaces.
(14) 
Hours of operation shall be between 8:00 a.m. and 8:00 p.m. Eastern standard time.
B. 
Any change, expansion or alteration of a lawfully permitted minor home occupation that shall cause a breach of the above conditions shall cause said home occupation permit to become void.

§ 158-121 Major home occupations.

Applications for a major home occupation shall obtain site plan approval and a special use permit pursuant to Article XVI, provided that the proposed home occupation meets all of the following conditions:
A. 
The proposed home occupation meets all of the conditions for a minor home occupation, except that:
(1) 
The home occupation may employ up to three nonresident employees at any one time.
(2) 
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including no advertising or signage in excess of that permitted pursuant to Article XIII.
(3) 
Any need for parking generated by such use shall be provided in an off-street area and shall conform to regulations for said zoning district.
(4) 
The use of an accessory structure is permitted where the accessory structure meets required yard, area and gross square footage requirements. No new accessory structure built for the purpose of a home occupation shall be more than 1,500 square feet.
(5) 
The exterior display of articles or products of the home occupation and the exterior storage of materials, equipment, vehicles or supplies used in the home occupation are allowed in the rear yard only and shall meet applicable buffer and screening requirements.
(6) 
The home occupation may sell or offer for sale any articles or products that are wholly produced, grown, created or assembled on the lot and may provide repair services in connection with the trade of a dressmaker, milliner, seamstress or tailor, furniture repair, reupholstering, or the trade of a blacksmith, locksmith or household appliance or small engine repair. Repair services may include the sale of replacement or repair products or accessories that are reasonably related to the principal product.

§ 158-122 Prohibited home occupations.

The use of a dwelling or accessory structure for the following home occupations is prohibited:
A. 
Ambulance or taxi service.
B. 
Laundry service or dry-cleaning service.
C. 
Mortician, funeral home or hearse service.
D. 
Motor vehicle repair, sales or rental.
E. 
Parking garage or the rental of off-street parking spaces.
F. 
Restaurant, cafe or tavern.
G. 
Towing service.
H. 
A pet dealer as defined by the New York State Department of Agriculture and Markets Law. The hobby breeding of small domesticated animals as defined herein shall be permitted as a major home occupation.

§ 158-123 Revocation of permit.

A. 
Upon discovery of any breach of the conditions upon which a home occupation permit or special use permit has been granted pursuant to this article and Article XVI, the Zoning Enforcement Officer shall notify said permit holder within 10 days of such discovery.
B. 
The procedure for revocation of a home occupation permit shall comply with that for a special use permit. See § 158-126F.