[Amended 4-15-2021 by L.L. No. 1-2021]
A. Purpose. The regulations of this section dealing with home occupations
are designed to protect and maintain the residential character of
established neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in the home. This section recognizes that, when properly limited and
regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
B. General regulations.
(1) Accessory uses which are limited by this chapter to the private,
noncommercial use of the residents of the premises on which said accessory
uses are located shall be exempt from said limitation, provided that
said accessory uses are used as part of and in conjunction with a
legal home occupation.
(2) In no manner shall the exterior appearance of a building be altered,
nor shall a home occupation be conducted in a manner that would cause
the premises to lose its residential character, including but not
limited to the use of colors, materials, construction or lighting,
nor shall a home occupation be conducted in an accessory structure
that is either attached to or detached from a dwelling unit.
(3) No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, operation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
(4) In accordance with this chapter and Title 19 NYCRR (Building Codes
of New York State), the floor area of a home occupation shall not
exceed 25% of the gross floor area, exclusive of attached garages,
of the dwelling in which such home occupation is located or 500 square
feet, whichever is less.
C. Major home occupations.
(1) Major home occupations shall include any home occupation which:
(a)
Has not more than one employee, paid or unpaid, who is not a
resident member of the family which resides on the premises;
(b)
Uses an identification sign;
(c)
Displays or stores goods, materials or equipment outdoors;
(d)
Generates additional traffic or the need for off-street parking
beyond the customary needs of the occupants of a dwelling unit;
(e)
Uses equipment that would not customarily be used by the occupants
of a dwelling unit; or
(f)
Is advertised by address.
(2) No more than one major home occupation shall be permitted per dwelling
unit.
D. Minor home occupations. Minor home occupations shall comply with
all of the following regulations. Said home occupations shall:
(1) Involve no persons other than resident members of the family which
resides on the premises.
(2) Show no visible evidence from the exterior of the dwelling unit of
the conduct of the occupation.
(3) Generate no additional traffic nor the need for off-street parking
beyond the customary needs of the occupants of a dwelling unit.
(4) Use no equipment which would not customarily be used by the occupants
of a dwelling unit.
(5) Not be advertised by address.
(6) Be conducted entirely inside of the principal dwelling unit.
E. Unless otherwise permitted in this section, home occupations shall
not include the following uses:
(2) Funeral homes, mortuaries and embalming establishments.
(4) Stables, kennels or veterinary hospitals.
(6) Repair shops for motor vehicles, recreational vehicles, or lawn mowers
or other small engine equipment.
(8) Group instruction facilities.
(9) Sale, lease or rental of new or used motor vehicles, recreational
vehicles, or lawn mowers or other small engine equipment.
(11)
Assembly uses as defined in the New York State Uniform Fire
Prevention and Building Codes.
[Amended 4-15-2021 by L.L. No. 1-2021]
A. The outdoor seating, storage or display of goods, merchandise or
materials shall not:
(1) Be located in any public right-of-way;
(2) Impede passage of pedestrians, fire lanes, driveways or any parking
spaces; or
(3) Interfere with the safe use of adjoining premises or public rights-of-way.
B. Outdoor seating shall be developed in accordance with guidelines
established by the Department of Planning and Economic Development.
C. No person except the owner or tenant of a structure or lot shall
display or sell merchandise from said structure or lot.
D. The storage of goods, merchandise or materials in trailers or containers
shall not be permitted in any district with the exception of the PL
District (Public Land). Construction trailers shall be permitted on
a residential, commercial or industrial site through application for
a permit for the duration of construction only.
Except as permitted in §
211-18C(3)(a), the outdoor storage or maintenance of junk shall not be permitted on any lot in any district.
Except for one-family or two-family residential uses, refuse
containers shall be stored either inside of a building or within an
enclosure which screens said containers from public view.
The Board of Zoning Appeals may grant a special use permit for
the operation of a commercial boarding and/or breeding kennel in the
IG District, provided that:
A. Both a boarding kennel and a breeding kennel shall comply with the
following criteria:
(1) Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. Hours
of operation means those hours when dogs are brought to and from the
establishment and when dogs are allowed out of cages.
(2) Buildings housing dogs after hours of operation shall be soundproofed
so that noises emitted from the kennel building when measured at any
neighboring property line shall not exceed 50 decibels.
(3) All kennels shall be screened from all adjacent public rights-of-way
and property lines with intervening landform, vegetation and/or fencing
so as not to be openly visible from said rights-of-way or property
lines.
B. A breeding kennel shall comply with the following additional standards:
(1) Minimum site area of 10 acres.
(2) Maximum lot coverage of 10%.
(3) Minimum setback of 300 feet from any property line for a dog run
or any building intended for the housing of dogs.
(4) Enclosure of all buildings and/or dog runs used for the housing of
dogs by a fence at least six feet in height.
(5) Maximum number of 12 dogs housed over one year in age, except that
additional dogs may be housed if for each four additional dogs one
additional acre of land is provided and compliance continues with
all other standards applicable to the special use permit.
Fuel dispensing stations shall comply with the following regulations:
A. All Class I and Class II flammable liquids, as identified by Title 19 NYCRR (Building Codes of New York State), shall be stored in underground tanks pursuant to the regulations established in §
211-29.
B. Fuel pumps and other similar devices shall be located not less than
25 feet from any lot line.
C. Canopies which shelter fuel pump islands shall be located not less
than 15 feet from any lot line. The minimum height of any said canopy
shall be 13 feet, measured to the lowest part of said canopy. The
maximum area of any said canopy shall be 1,500 square feet.
(1) Signs required for firesafety purposes and instructions for the safe
operation of self-service fuel pumps shall be conspicuously posted
in close proximity to said pumps.
(2) The following activities may be permitted in conjunction with the
dispensing of fuel:
(a)
Indoor sales of groceries.
(b)
Sales of auto accessories, including but not limited to tires,
batteries or windshield wipers.
(c)
The above-noted activities, subject to the following limitations:
[1]
Except for adding fluids or making minor adjustments performed
in conjunction with the sale and dispensing of fuel, no repair work
shall be performed on the premises.
[2]
No merchandise shall be displayed outdoors unless said merchandise
is stored indoors after the close of business hours.