The purpose of this article is to accommodate small-scale owner-occupied
businesses, trades or professions within residential and agricultural
areas. In accommodating such activities, it is the intent that there
will be no degradation of the character, functionality or quality
of life of neighborhoods in which these activities occur. A home occupation
shall be conducted in a manner which does not give the outward appearance
of a nonresidential use or business being conducted on the premises,
does not infringe on the right of neighboring landowners to the quiet
enjoyment of their land, is not a nuisance, and does not alter the
land use pattern of the district in which the lot is located.
A.
Minor home occupations shall be required to file a completed home
occupation permit and pay such fees as determined by the approved
fee schedule to the Town Clerk. Said permit shall be signed by the
applicant, certifying compliance with the conditions of the home occupation
permit.
C.
A copy of said special use permit or home occupation permit shall
be retained and produced upon demand for review by any individual
with the authority to inspect the premises.
D.
Any change, expansion or alteration of an existing and permitted
home occupation in breach of the conditions stated herein shall cause
said special use permit or home occupation permit to become void.
E.
Home occupation permits shall be valid for a period of three years,
at which time the applicant shall be required to obtain a new permit
and pay fees as determined by the approved fee schedule to the Town
Clerk.
A.
The following conditions shall be met for consideration as a minor
home occupation:
(1)
No physical change to the exterior of a principal or accessory
structure is required to accommodate the home occupation.
(2)
The home occupation does not include or require the utilization
of an accessory structure larger than 240 square feet in size.
(3)
The home occupation shall employ no more than one nonresident
employee at any one time.
(5)
There is no exterior storage of materials, equipment, vehicles
or supplies used in the home occupation.
(6)
No tangible articles or products are offered for sale or repair
services provided at the property.
(7)
There shall be no exterior display or exterior storage of materials,
equipment, vehicles or supplies used in the home occupation.
(8)
The home occupation shall not generate traffic beyond that normally
expected in the particular zoning district.
(9)
The home occupation shall not allow the use of the property
as a meeting place or gathering location for nonresident employees
for work elsewhere or the storage of materials, equipment, vehicles,
or supplies for use elsewhere.
(10)
No equipment, process or activity shall be used or performed
that creates noise, vibration, glare, fumes, odors, or electrical
interference detectable by the normal senses of persons beyond the
limits of the property. In the case of electrical interference, there
shall be no radio or television disruption outside the dwelling unit
or fluctuations in line voltages off the premises.
(11)
The home occupation shall not use, store, produce or dispose
of any toxic or hazardous substance.
(12)
The home occupation may not involve teaching, tutoring, or similar
personal instruction and/or care of more than five students or clients
in the dwelling unit at any one time.
(13)
Off-street parking spaces for the property shall not exceed
the minimum requirement for such residential use in said zoning district
plus two additional spaces.
(14)
Hours of operation shall be between 8:00 a.m. and 8:00 p.m.
Eastern standard time.
B.
Any change, expansion or alteration of a lawfully permitted minor
home occupation that shall cause a breach of the above conditions
shall cause said home occupation permit to become void.
Applications for a major home occupation shall obtain site plan approval and a special use permit pursuant to Article XVI, provided that the proposed home occupation meets all of the following conditions:
A.
The proposed home occupation meets all of the conditions for a minor
home occupation, except that:
(1)
The home occupation may employ up to three nonresident employees
at any one time.
(2)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including no advertising or signage in excess of that permitted pursuant to Article XIII.
(3)
Any need for parking generated by such use shall be provided
in an off-street area and shall conform to regulations for said zoning
district.
(4)
The use of an accessory structure is permitted where the accessory
structure meets required yard, area and gross square footage requirements.
No new accessory structure built for the purpose of a home occupation
shall be more than 1,500 square feet.
(5)
The exterior display of articles or products of the home occupation
and the exterior storage of materials, equipment, vehicles or supplies
used in the home occupation are allowed in the rear yard only and
shall meet applicable buffer and screening requirements.
(6)
The home occupation may sell or offer for sale any articles
or products that are wholly produced, grown, created or assembled
on the lot and may provide repair services in connection with the
trade of a dressmaker, milliner, seamstress or tailor, furniture repair,
reupholstering, or the trade of a blacksmith, locksmith or household
appliance or small engine repair. Repair services may include the
sale of replacement or repair products or accessories that are reasonably
related to the principal product.
The use of a dwelling or accessory structure for the following
home occupations is prohibited:
A.
Ambulance or taxi service.
B.
Laundry service or dry-cleaning service.
C.
Mortician, funeral home or hearse service.
D.
Motor vehicle repair, sales or rental.
E.
Parking garage or the rental of off-street parking spaces.
F.
Restaurant, cafe or tavern.
G.
Towing service.
H.
A pet dealer as defined by the New York State Department of Agriculture
and Markets Law. The hobby breeding of small domesticated animals
as defined herein shall be permitted as a major home occupation.
