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Town of Phelps, NY
Ontario County
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Code
New Laws (11) Index
[Added 2-12-2007 by L.L. No. 1-2006]
A. 
The purpose of this article is to provide regulations for occupational and business uses from residential properties in an effort to make those properties more economically viable and strengthen the local economy while preserving the residential and agricultural nature of the Town of Phelps. This article establishes requirements and guidelines for permitting occupational and business uses and activities conducted within, from and upon property designated as a primary residence. This article is intended to apply to all businesses and occupational uses from residential properties.
B. 
Occupational and business uses of buildings, accessory structures, and property that are subordinate to the primary residential or agricultural use shall be conducted in a manner that is generally compatible with the residential and agricultural premises of RAG and R-1 zoning districts and is compatible to the residential and agricultural character, appearance and livability of the surrounding properties and overall neighborhood.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ON-PREMISES BUSINESS
An occupation, profession or trade conducted within or from an approved residential dwelling and/or accessory structures by one or more occupants residing in the dwelling that is clearly incidental and subordinate to the primary or principal use of the dwelling and property of residential or agricultural purposes.
All on-premises businesses shall comply with the following requirements prior to or as a result of compliance with any conditions of approval required for issuance of an on-premises business special use permit:
A. 
Activities associated with an on-premises business shall be conducted primarily within the residential dwelling and/or in an enclosed accessory building or structure;
B. 
The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling is permitted in an enclosed accessory building, or in the side or rear yard. Where possible, the area used for such display, storage or parking shall be screened from view from all public streets and adjacent property through the use of natural landscaping materials, or, a combination of natural landscaping and other man-made or fabricated screening materials, e.g., fencing, etc.;
C. 
The number of part-time or full-time nonresident employees working upon the premises shall not exceed five employees at the same time. Additional employees may be permitted at the discretion of the Planning Board.
D. 
All applicable state, federal and local business and/or occupational licenses and any other approvals required shall be obtained or applied for at the time of application for an on-premises business. All activities associated with an on-premises business and overall property from which such on-premises business is being conducted shall comply with all local, county, and state building, fire, sanitary, health and other applicable requirements and regulations, including homeowner's association, subdivision and other recorded property restrictions and covenants. Noncompliance with any applicable requirement and/or regulations may be grounds for denial of an on-premises business permit application.
E. 
The owner/proprietor of an on-premises business shall be responsible for notifying the Planning and Zoning Boards of any changes in the conduct of the on-premises business that are different from that included in the description provided as part of the application or from any conditions or restrictions imposed as part of the permit. Such changes may result in the need for a new application and reclassification of the on-premises business and imposition of new conditions or requirements.
F. 
The owner/proprietor of an on-premises business shall reside in the dwelling from which the on-premises business is being conducted.
G. 
Activities associated with an on-premises business shall not generate excessive traffic, parking, solid or liquid waste, water consumption, noise, vibrations, smoke, dust, odor, heat glare, disturbance or interference with the provision of electrical, television or other utility services, or create any safety hazards exceeding those which are typically and customarily produced by and/or associated with a residential dwelling and residential uses in the zoning district and surrounding neighborhood within which the subject property and on-premises business is located.
H. 
The residential dwelling, accessory structures, and overall property shall remain residential in character and appearance that are typical and customary for residential property located in the area within which the on-premises business is located.
I. 
Truck deliveries or pickup of supplies or products associated with an on-premises business shall be limited to the type of vehicles and pickup/delivery hours that are typical and customary for residential dwellings and uses located in the area within which the on premises business is located.
J. 
In order to ensure that an on-premises business does not become a nuisance to the surrounding properties and property owners, the Planning Board may impose reasonable conditions as deemed necessary to protect the health, safety and welfare of such properties, property owners, and general public.
K. 
Multiple on-premises businesses may be permitted from a single residence provided that the general requirements and specific performance criteria set forth in this section can be met based on an accumulation of the activities, characteristics, etc., of all on-premises businesses conducted from such dwelling.
L. 
The use of exterior signs shall be permitted as described in the applicable portions in the Code of the Town of Phelps.
M. 
Owners/proprietors of an on-premises business shall permit a reasonable inspection of the premises by the Code Enforcement Officer, or other agency having jurisdiction or responsibility for enforcing applicable laws, requirements, and regulations at the time of application or after the on-premises business has commenced operation in order to determine compliance with the requirements of this article and/or the conditions of the permit. The portion of the premises to be inspected shall be limited to the general area where the on-premises business is to be conducted or currently conducted from and limited in scope to general requirements and performance criteria of this Code.
N. 
All on-premises business permits shall be deemed valid for an indefinite period of time provided the requirements of this Code are met. Whenever the Planning Board has reasonable cause to believe that any of the general or specific requirements and/or performance criteria set forth in this article, or, that conditions imposed as part of the on-premises business permit are being or have been violated, the Planning Board shall have the right to revoke or modify the on-premises business permit, including but not limited to imposing stricter conditions upon operation of the on-premises business and/or owner/proprietor.
O. 
The granting of an on-premises business permit shall not constitute a covenant running with the property from which such on-premises business is being conducted. An on-premises business permit shall not be transferable to another property and shall automatically and immediately terminate and become null and void upon the sale, lease, or transfer of the property to a party different than to whom the on-premises business permit was originally granted.
A. 
Application for a on-premises business permit shall be made to the Code Enforcement Officer by completing a Planning Board Application and shall be accompanied by all supporting information required therein and an application fee established by the Town Board for such permits.
B. 
The Planning Board shall review the application which shall be subject to a public hearing and approved, approved with conditions, or denied by the Planning Board at the second regularly scheduled Planning Board meeting after first review is complete. In addition to review by the Planning Board, approval shall be contingent upon any outside agency review required, if any. In the event that the Planning Board determines that the on-premises business for which an application has been received does not conform to one or more of the general requirements and performance criteria, the Planning Board has the right to deny the application.
C. 
On-premises businesses shall be a special use as described in Article V of this chapter. However, only in regards to on-premises businesses, the responsibilities of the Zoning Board of Appeals as enumerated in §§ 145-10, 145-11, and 145-12 of Article V of this chapter shall be placed upon the Planning Board. In addition, only in regards to on-premises businesses, the responsibilities of the Planning Board as enumerated §§ 145-10, 145-11 and 145-12 of Article V of this chapter shall be placed upon the Zoning Board of Appeals.
D. 
Appeal of any decision of the Planning Board may be reviewed by the Zoning Board as a request for a use variance.
E. 
The owner/proprietor of all existing on-premises businesses being conducted from properties zoned RAG or R-1 on the effective date of this article shall have a period of 180 calendar days from such date to apply for the necessary on-premises business permit. The permit will be granted to all existing on-premises businesses applying within the period of 180 days provided the on-premises businesses meet the general requirements and performance criteria set forth in § 145-72 or at the discretion of the Planning Board. In addition, the on-premises business permit fee will be waived for all existing on-premises businesses that apply for a permit within the same period of 180 days. After 180 calendar days from the effective date of this article, any existing on-premises business will be subject to the full extent of this Code and all applicable fees.