[Amended 7-1-1998 by L.L. No. 1-1998; 5-5-2010 by L.L. No.
2-2010]
A. Standards applicable to all special uses. The Town Board shall take
into account and make findings concerning the location and size of
the use, the nature and intensity of the operations involved, the
size of the site in relation to the proposed use, the location of
the site with respect to the existing or future streets giving access
to it, the nature and height of buildings, walls and fences and such
other factors as the Board shall deem necessary to consider in accordance
with the chapter and the Comprehensive Plan in order to lessen congestion
in the streets, to secure safety from fire, panic and other dangers,
to promote health and general welfare, to provide adequate light and
air, to prevent overcrowding of land, to facilitate adequate provisions
for transportation, water, sewerage, schools, parks and other public
requirements, to maintain the value of property in the Town and to
maintain or improve the essential character of the neighborhood. Operations
in connection with any special use shall not be more objectionable
to nearby properties by reason of noise, smoke, fumes, vibration or
flashing lights than would be the operation of any specifically permitted
use. The Town Board may establish conditions and restrictions upon
any approved specially permitted use in order to eliminate or mitigate
environmental or other negative impacts.
B. Standards applicable to major home occupations. The Town Board may
issue a special use permit for a major home occupation when the following
requirements are met:
(1) The proposed home occupation is incidental, secondary and/or subordinate
to the use of the dwelling unit for residential purposes.
(2) No other major home occupation is conducted on the premises.
(3) The home occupation is carried on by a person or persons residing
in the dwelling unit as their principal residence.
(4) 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.
(5) The floor area devoted or used for a home occupation is no more than
25% of the total area of the structures on the subject property or
500 square feet, whichever is less.
(6) There is no exterior display or storage of goods, materials, equipment
or inventory.
(7) Except for one permitted identification or advertising sign in accordance with §
185-43K(4)(a) hereof, there is no identification of the home occupation or advertising sign.
(8) There are no more than 10 visits per day from customers, clients,
suppliers, or shipping services having the need to be on the premises.
(9) Adequate off-street parking is provided and any additional off-street
parking in excess of normal residential uses does not give the property
a nonresidential appearance.