It is the intent of this article to allow a variety of business
pursuits as permitted uses in residential districts while recognizing
the substantial goal of preserving and maintaining the residential
atmosphere, appearance and character of residential districts. It
must be recognized that while business pursuits are allowed under
the conditions provided for in this article, its primary purpose is
to preserve and maintain the residential atmosphere, appearance and
character of the residential districts. It is the intent that the
business always be second, subordinate and incidental to the principal
residential use and that it will not harm other residential users
of the property or premises. Under no circumstances should a business
use become so extensive that it predominates the residential use.
It is the further intent of this article to set forth general and
specific performance standards and controls to limit home occupations.
These standards and controls have as their purpose the minimization
of adverse impacts a home occupation might have on a neighborhood
or district and to assure that it does not become the predominant
use of the property.
As used in this article, the following terms shall have the
meanings indicated:
An occupation, business or profession which is carried on
wholly within a dwelling unit or in a building or other structure
accessory to a dwelling unit.
Any home occupation which is not a minor home occupation.
Any home occupation which:
Involves no persons other than persons residing on the premises.
Shows no visible evidence of the conduct of the occupation from
the exterior of the dwelling unit.
Generates no additional traffic nor the need for off-street
parking beyond the customary needs of the occupants of the dwelling
unit.
Involves neither customers, clients nor suppliers having the
need to be on the premises.
Uses no equipment which would not customarily be used by the
occupants of a dwelling unit.
Is not advertised as being located at the premises.
Is conducted entirely inside of the principal dwelling unit
or other structure on the premises.
A.
No person shall commence a minor home occupation without first registering
the same with the Code Enforcement Officer of the Village of Spencerport.
B.
No person shall commence a major home occupation without first obtaining
a home occupation permit from the Zoning Board of Appeals. The applicant
for a home occupation permit shall meet the following standards and
conditions:
(1)
The property is in full compliance with the provisions of Chapter 340 of the Code of the Village of Spencerport.
(2)
The home occupation proposed is incidental, secondary and/or subordinate
to the use of the dwelling unit for residential purposes.
(3)
No other major home occupation is conducted on the premises.
(4)
It is carried on by a person residing in the dwelling unit as his
or her principal residence.
(5)
It has no more than one employee, whether full-time or part-time
and whether paid or unpaid, who is not a resident residing on the
premises.
(6)
The floor area devoted or used for a home occupation shall be not
more than 25% of the total area of the structures on the subject property
or 500 square feet, whichever is less.
(7)
There shall be no exterior display or storage of goods, materials,
equipment or inventory.
(8)
Except for one permitted identification or advertising sign not exceeding
one square foot in area and not more than five feet above grade or
ground level, there shall be no identification of the home occupation
or advertising sign.
(9)
Adequate off-street parking shall be provided; however, any additional
off-street parking in excess of normal residential uses shall not
give the property a nonresidential appearance.
Major home occupations shall be allowed in one- or two-family
homes in the A Districts (residential) only. No major home occupations
are allowed in dwellings with more than two living units. The application
for a home occupation permit for a major home occupation shall be
made on a form obtained from the Code Enforcement Officer, shall be
signed by the applicant and shall contain the following:
A.
Applicant information, including name, address, tax account number
and zoning district.
B.
A complete plan, drawn to scale, showing the location of all buildings
or structures on the premises, proposed parking and the area where
the proposed home occupation will be carried out.
C.
An environmental assessment form.
D.
A fee in the amount established by resolution of the Village Board.
A.
The application for registration of a minor home occupation shall
be made on a form obtained from the Code Enforcement Officer, shall
be signed by the applicant and shall contain the following:
B.
There will be no fee for the registration of a minor home occupation.
C.
In reviewing the application and/or inspecting the premises, should
the Code Enforcement Officer, in his or her judgment, determine that
the minor home occupation applied for is not a minor home occupation
as defined herein, the Code Enforcement Officer shall refuse to accept
the registration as a minor home occupation and refer the applicant
to the Zoning Board of Appeals for a home occupation permit or variance
as may be appropriate.
A.
Permits for major home occupations shall be issued as temporary,
renewable permits which shall expire two years from date of approval
by the Zoning Board of Appeals. One month prior to the expiration
of the permit, the Code Enforcement Officer shall review his/her files
and report any concerns to the Zoning Board of Appeals. Should the
Zoning Board of Appeals be satisfied that the property is still in
compliance, the permit will be renewed for a term of no less than
two years and no more than five years without the need for a public
hearing. Should the Zoning Board of Appeals, in its absolute discretion,
determine that further public review is needed, the applicant shall
be required to apply for renewal as if the application were being
made for the first time.
B.
Minor home occupations will be reviewed by the Code Enforcement Officer
at least every three years to ensure that the home occupation is still
a minor home occupation.
C.
Termination. Unless renewed, a home occupation permit or registration
for a home occupation will terminate upon the happening of one or
more of the following:
(1)
Sale or transfer of the property.
(2)
Someone other than the permit holder operating the home occupation.
(3)
Discontinuance of the home occupation for more than six months.
(4)
Failure of the owner to comply with any valid condition of the permit
or any lawful order of the Code Enforcement Officer.
(5)
The Zoning Board of Appeals, after a public hearing with notice to
the owner, determines that the continued use of the home occupation
violates the intent of this article.
A.
Preexisting major and minor home occupations may continue in accordance with § 340-31, provided that within six months of the effective date of this article, the owner shall request that the Code Enforcement Officer issue a certificate of legal preexisting nonconformance.
B.
This certificate shall specifically state the nature and extent of
the preexisting home occupation and how the nonconforming use differs
from this article.
C.
Failure to obtain this permit within six months of the effective
date of this article shall be presumptive evidence that the property
was in conformance on the date of the enactment of this article and
therefore is not qualified to take advantage of the special rules
for preexisting nonconforming uses.
Whenever a hearing is required herein, the Zoning Board of Appeals
shall be governed by the provisions of § 7-725-b of the
Village Law of the State of New York.
