[Amended 4-11-2022 by L.L. No. 2-2022]
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. Under no circumstances
shall a cannabis retail dispensary or a cannabis on-site consumption
establishment be considered, operated or approved as an "on-premises
business.
[Amended 4-11-2022 by L.L. No. 2-2022]
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.