Home occupations shall be permitted only by special permit and shall be only incidental to the principal residential use. Whether or not a given activity is a home occupation shall be determined by the ZBA in accordance with the guidelines set forth in the definition of "home occupation" in § 197-3B, which contains illustrative activities which constitute home occupations and illustrative activities which are not considered to be home occupations. In addition, the following standards shall be applicable in determining whether or not a home occupation will be permitted:
A.
Any home occupation which may create objectionable noise, fumes,
odors, dust, groundwater contamination, electrical or radio-frequency
interference or significantly more than normal residential traffic
shall be prohibited.
B.
There shall be no exterior indication of the home occupation except that an exterior sign may be permitted pursuant to Article VIII.
C.
No external alterations, additions or changes which may vary the
residential appearance of the principal building shall be permitted
in order to accommodate or facilitate a home occupation.
D.
There shall be no exterior storage of materials or equipment.
E.
There shall be only one home occupation permitted on any given lot,
with such home occupation carried on only by the family residing within
the dwelling plus not more than one additional employee at any given
time.
F.
The floor area devoted to a home occupation shall not be more than
25% of the floor area of the principal building or 500 square feet,
whichever is less.
G.
Parking shall be provided in such a way that there shall be no on-street
parking except in sporadic, unusual situations.
A.
No fuel pump shall be located closer than 20 feet to any side lot
line nor closer than 25 feet to any street line, measured from the
outside edge of the fuel island.
B.
The area for use by motor vehicles, except access drives thereto,
as well as any structures, shall not encroach on any required yard
area.
C.
Minimum distance between gasoline filling stations shall be 1,500
feet.
Drive-in movies are hereby prohibited except by special permit
in BG Districts.
Mobile home parks are specifically prohibited in all districts
except in R4 Districts by special permit or as provided by Town legislation
directed specifically to mobile home regulation.[1]
A.
Cemeteries. No burial or memorial plots or buildings shall be located
closer than 50 feet to any residential lot line, except that when
a dense evergreen hedge or a wall or fence at least six feet in height
providing complete visual screening from all adjacent residential
property is provided, burial or memorial plots of less than six feet
in height may be located no closer than 20 feet to any residential
lot line.
B.
Crematories. Crematories shall be located only in cemeteries.
Junkyards are specifically prohibited in all districts except
in IG Districts where they may be allowed by special permit.
A.
General.
(1)
Earthwork, as defined in Article II, shall be by earthwork permit only and shall generally include such activities as the excavation and/or filling and/or grading of a site.
(a)
The Building Director or the Building Director's designee shall be authorized to issue an earthwork permit for the removal and/or addition of not more than 150 cubic yards of fill or the grading of the site to an extent less than the threshold identified in Subsection B herein. Separate permits for the removal and/or addition of fill for a single lot shall not total more than 150 cubic yards within a ten-year period.
B.
Earthwork involving the grading of a site:
(1)
Site grading shall be permitted in any district, provided that such
grading does not adversely affect any existing drainage system and
adjoining properties.
(2)
Where the grading of a site is proposed, finished grade of such site shall not deviate more than eight feet in elevation at any one point thereon from the topographical elevations shown existing at the time of application unless the procedures and requirements outlined in Subsection F of this section have been complied with prior to a concept approval of said site plan.
C.
Earthwork where no building construction is proposed. Earthwork involving the removal and/or addition of fill on a site where no building construction is proposed and in an amount greater than 150 cubic yards shall be permitted in any district only after issuance of a special permit by the Zoning Board of Appeals, in accordance with procedures and requirements outlined in Subsection F of this section.
D.
Earthwork for construction of buildings.
(1)
Earthwork involving the removal and/or addition of fill in conjunction
with the construction on the same lot of a building for which Planning
Board site plan approval has been granted shall be permitted in any
district. Such excavations shall include only that which is ordinarily
required for the construction of the type of building approved.
(2)
Finished grade of building lots shall not deviate more than eight feet in elevation at any one point thereon from the topographical elevations shown existing at the time of application unless the procedures and requirements outlined in Subsection F of this section have been complied with prior to a concept approval of said site plan.
E.
Excavations for development of subdivisions.
(1)
Earthwork involved with the subdivision of land pursuant to a subdivision
plat as approved by the Planning Board shall be permitted in any district.
Such earthwork shall include only that which is ordinarily required
for the development of the type of subdivision approved.
(2)
Finished grade of roads and any area of the site shall not deviate more than eight feet in elevation at any one point thereon from the topographical elevations shown existing at the time of application unless the procedures and requirements outlined in Subsection F of this section have been complied with prior to the preliminary approval of said subdivision.
F.
Procedures and requirements.
(1)
Where required, all applications for special permits from the ZBA,
and those applications for site plan approval and/or subdivision approval
from the Planning Board which exceed the thresholds identified herein,
shall consider the following:
(a)
No excavation of soil or rock shall adversely affect natural
drainage or the structural stability and safety of adjoining buildings
or lands.
(b)
Excavations shall not create objectionable dust or noise nor
create any kind of noxious or injurious substance or condition or
cause a public hazard.
(c)
Excavations shall not disturb or adversely affect natural drainage,
creeks or other bodies, sources and supplies of water, both surface
and ground, or adjacent or nearby vegetation.
(d)
No slope shall be created which slopes down from any adjoining
property steeper than one foot vertical to three feet horizontal nor
shall any point in the excavation be lower than a line drawn from
the adjoining property line on a slope of one foot vertical to three
feet horizontal unless an adequate retaining wall is constructed in
accordance with plans prepared by a professional engineer licensed
to practice in New York State.
(e)
No fill or embankment shall be created which slopes upward from
any adjacent property line steeper than one foot vertical to three
feet horizontal nor the highest point of which extends above a line
drawn from the adjoining property line on a slope of one foot vertical
to three feet horizontal unless an adequate retaining wall is constructed
in accordance with plans prepared by a professional engineer licensed
to practice in New York State.
(2)
Where required, all applications for special permits from the ZBA,
and those applications for site plan approval and/or subdivision approval
from the Planning Board which exceed the thresholds identified herein,
shall consider the following:
(a)
Property boundaries for the entire parcel affected;
(b)
Existing topography of the site to be shown by contours at an
interval no greater than two feet or spot elevations if contours do
not adequately show topographic conditions;
(c)
Pertinent existing site conditions, including but not limited
to streams, drainageways, easements, areas of vegetation, buildings,
driveways, water supply and sanitary systems, utilities;
(d)
Existing off-site structures not less 200 feet from any point
on the boundary of the site;
(e)
Proposed grading of the site, as a result of placement of fill
and or the removal of cut material, to be shown by contours at an
interval no greater than two feet or spot elevations if proposed contours
will not adequately show proposed finished grade surfaces;
(f)
Written estimates of quantities of materials to be imported
and/or removed, including a proposed schedule or duration of activities
proposed;
(g)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Chapter 165, Stormwater Management and Erosion and Sediment Control, may be required for earthwork permit approval. The SWPPP shall meet the performance, design criteria and standards set forth in Chapter 165. The approved earthwork permit shall be consistent with the provisions of Chapter 165.
(h)
Such additional information as the Zoning Board or Planning
Board finds necessary to adequately review the submission and discuss
with the applicant and public the proposed application.
(3)
If, in the determination of the ZBA or Planning Board, the proposed
excavation and fill activities warrant professional review and study,
it shall be the option of the ZBA or Planning Board to either require
such professional review and study by the applicant or retain such
assistance on its own.
G.
Excavations for extraction or mining of mineral resources.
(1)
Excavation for the purpose of extraction of mineral resources, such
as sand and gravel pits, soil borrow pits and quarries shall be allowed
only in NP Districts by special permit issued by the Town Board. Such
special permit application shall include limitations and restrictions
as shall be imposed by the Town Board, including proper drainage,
noise and dust control and restoration of mined areas to a condition
acceptable to the Town Board. Such restoration may include landscaping,
seeding and fertilizing.
A.
Permitted by right. The raising or keeping of livestock, poultry
or fur-bearing animals shall be allowed by right in AR District.
B.
Permitted only by special permit. The raising or keeping of livestock,
poultry or fur-bearing animals shall be allowed in other districts
only by special permit where adequate land is available and said operations
are only incidental to a single-family occupancy and the products
thereof are only for the use or consumption of the occupants.
A.
One dwelling unit serving as a caregiver/receiver temporary dwelling
unit shall be permitted as an accessory use within a single-family
dwelling in any district subject to special use permit approval by
the Zoning Board. The caregiver/receiver temporary dwelling unit shall
be located within the principal building upon the granting of a special
use permit by the Zoning Board of Appeals. The certificate of occupancy
for the principal use shall clearly identify such caregiver/receiver
dwelling unit and its floor area.
B.
Special use permit will be issued for a person or persons. When those
person or persons are no longer occupying the unit the special permit
will terminate.
C.
In addition to the above, a caregiver/receiver temporary dwelling
unit shall comply with the following provisions:
(1)
The caregiver/receiver temporary dwelling unit shall be clearly
subordinate and attached to the single-family dwelling unit.
(2)
The number of bedrooms in the caregiver/receiver temporary dwelling
unit shall be not more than two.
(3)
The floor area of the caregiver/receiver temporary dwelling
unit shall be no greater than 1,000 net square feet.
(4)
The caregiver/receiver temporary dwelling unit and the single-family
dwelling shall have a safe and proper means of entrance and egress,
clearly marked and with a separate walkway, if applicable, for the
purpose of fire safety and other uses, and may be assigned separate
911 addresses.
(5)
In the caregiver/receiver temporary dwelling unit there shall
be a direct interior access from the caregiver/receiver temporary
dwelling unit to the primary residence.
(6)
No more than three persons may reside in the caregiver/receiver
temporary dwelling unit.
(7)
Homeowners shall supply proper certification from the requisite
authorities having jurisdiction over said property, including but
not limited to, the entities approving the sufficiency of the water
supply and sewage system to serve both the primary and caregiver/receiver
temporary dwelling unit. These approvals must be obtained prior to
the issuance of a special use permit.
(8)
Stairways leading to any floor or story above the first floor
shall be located within the walls of the building wherever practicable.
Stairways and fire escapes shall be located on the rear wall in preference
to either side wall. In no instance shall a stairway or fire escape
be located on any wall fronting on a street.
(9)
The homeowner(s) of the single-family lot upon which the caregiver/receiver
temporary dwelling unit is located shall reside in one of the dwelling
units on the premises.
(10)
Any caregiver/receiver dwelling unit within a single-family
dwelling that is in existence at the time of the adoption of this
subsection, but has not received a special use permit or variance
from the Zoning Board of Appeals, shall be subject to the provisions
outlined above.
D.
Special use permit. For newly created caregiver/receiver dwelling
unit, the homeowner shall make an application for a building permit
following approval of the special use permit. The review of such building
permit and site/plot plan shall be limited in scope to the physical
improvements, impacts and mitigation that are directly caused by and/or
related to establishment of the caregiver/receiver dwelling unit.
In no instance shall the approval of a special permit or site/plot
plan for a caregiver/receiver dwelling unit be construed to prevent
alterations to the premises that are unrelated to the caregiver/receiver
temporary dwelling unit, or to require an amendment to the approved
special permit and site/plot plan for such unrelated alterations.
E.
Permit duration. A special use permit issued pursuant to this provision
is temporary and shall cease upon notice to or determination by the
Town that the caregiver/receiver temporary dwelling unit fails to
meet any of the requirements of this section.
F.
Exceptions. Any caregiver/receiver temporary dwelling unit that was
granted a variance by the Zoning Board of Appeals and issued or entitled
to a certificate of occupancy on or before the effective date of this
section or that existed prior to the adoption of Chapter 16 of the
1981 Code of the Town of North Greenbush, L.L. No. 2-1981, are exempt
from the requirements of this section except for Subsection B(9) which
shall be applicable. Homeowners claiming an exemption under this provision
shall have the burden of proving the applicability of such exemption
in accordance with the above requirements.
