Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in the use tables of Articles
20,
21, and
22. All accessory uses and structures shall be in conformance with this section.
A. General requirements. All accessory structures and uses shall:
(1)
Not be established or constructed until the primary use or structure
is constructed.
(2)
Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose.
(3)
Not be located in any required front yard area.
(4)
Be in conformance with the height and setback restrictions of
the applicable zoning district and shall not cause the rate of overall
lot coverage to exceed the maximum rate permitted.
(5)
Be finished with materials and/or siding that is consistent
and compatible with the existing character of the principal structure
and surrounding residential neighborhood.
(6)
Maintain a separation of at least 10 feet from any dwelling
unit and at least five feet from any other accessory structure, including
any structures on an abutting lot.
(7)
Not obstruct, block, or force the enclosure of any structural
opening (windows, doors, etc.), open porch, deck, or terrace, or required
vehicular or pedestrian accessway.
B. Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter.
(1)
Decks, patios, or terraces.
(2)
Carports and garages. The floor area of an attached or detached
garage shall not exceed 600 square feet.
(3)
Enclosed storage structures, such as sheds.
(4)
Fences and walls subject to the provisions of §
250-24.10 of this chapter.
(5)
Playgrounds or playhouses.
(6)
In-ground and above ground pools, provided such pool is at least
10 feet from any property line or dwelling unit and at least five
feet from any accessory structure as measured from the water's
edge with any concrete apron no closer than six feet to any property
line.
(7)
Noncommercial nurseries, gardens, or greenhouses.
(8)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of residents within the dwelling and the
general public.
(9)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(10)
Personal or home electric vehicle charging stations.
(11)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval.
(12)
Radio and television antennas.
(13)
Other uses and structures which the CEO deems appropriate by
virtue of similarity in nature, activity, and/or extent to those already
listed.
C. Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter.
(1)
Decks, patios, and terraces when associated with an approved
outdoor seating or assembly area.
(2)
Detached garages, when located behind the front building line
of the primary structure.
(3)
Enclosed storage structures, such as sheds.
(4)
Fences or walls subject to the provisions of §
250-24.10 of this chapter.
(5)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of residents within the dwelling and the
general public.
(6)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(7)
Solar energy systems, provided they are located on the roof
of the structure and do not cause the structure to exceed maximum
building height requirements. Solar energy systems may be located
on the ground with special use permit approval.
(8)
Wind energy systems, provided they are located in the rear yard
and conform to the setback and height restrictions of the district
in which it is located.
(9)
Walkup service windows facing any public right-of-way when accessory
to a permitted retail sales and service use. Pedestrian safety, access,
and connectivity shall be addressed through site plan review.
(10)
Off-street parking and loading areas, including electric vehicle
charging stations, provided all applicable parking and loading requirements
of this chapter are met.
(11)
Other uses and structures which the Planning Commission deems
appropriate by virtue of similarity in nature, activity, and/or extent
to those already listed.
(12)
There must be a minimum distance of five feet between structures,
unless otherwise required by occupancy class in NYS Uniform Fire Prevention
and Building Code.
The purpose of the regulating home businesses is to allow home
office or small business development within homes in a residential
neighborhood, while still preserving the value and character of the
existing residential properties. Operation of a home business shall
be limited by the following:
A. Permitted home businesses include, but shall not be limited to, a
lawyer, accountant, author, doctor, engineer, dentist, architect,
consultant, realtor, insurance agent/broker, counselor, artist, photographer,
teacher, tutor, beautician, barber, tailor, dressmaker, and repair
person. Home day cares and nursery schools may be permitted as home
businesses provided the requirements of this section and § 23.10
are also met.
B. Prohibited home businesses include those that would generate adverse
impacts to or are incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, ambulance
services, animal care services, and vehicle sales or repair.
C. The home business shall be owned and operated by a full-time resident
of the dwelling and shall operate wholly within an enclosed structure.
D. No more than two people not residing in the household may report
to work at the dwelling.
E. A home business must be clearly incidental and secondary to the use
of the dwelling and shall be permitted to occupy no more than 30%
of the residence.
F. The operation of a home business shall in no way change or alter
the residential appearance or character of the premises or neighborhood
in which it is located.
G. There shall be no exterior display or storage of materials, good,
supplies, or equipment related to the operation of the home business.
H. No home business shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
I. Activity involving on-site retail sales is prohibited, except the
sale of items that are clearly incidental to a permitted home business.
Outdoor assembly, seating, sales, display, and storage areas
are allowable as a nonresidential accessory use, provided all areas
are in conformance with the following additional requirements. These
standards shall not apply to any residential accessory use.
A. General requirements.
(1)
No area shall be located within a residential district or within
any public right-of-way.
(2)
No area shall block windows, entrances, exits, pedestrian or
vehicular access, sidewalks, fire lanes, or other travel lanes, as
determined by the Code Enforcement Officer.
(3)
No area shall exceed 15% of the gross floor area of the primary
use.
B. Assembly, seating, sales, and display area requirements.
(1)
Such areas may be allowable in the public right-of-way provided
site plan approval is obtained to ensure the health, safety, and general
welfare of the public.
(2)
All areas shall be located adjacent to the wall of the primary
structure and shall not extend more than 20 feet from said wall or
beyond any public right-of-way or property line, unless otherwise
approved through site plan review.
(3)
No area shall be used for storage purposes.
(4)
All items for sales or display shall be removed, enclosed, screened,
and/or secured during nonbusiness hours.
C. Storage area requirements.
(1)
No area shall be permitted in any front yard or within any public
right-of-way.
(2)
All areas shall be fully screened from public view and from
adjacent residential uses or districts.
(3)
No area shall be located within 50 linear feet of the property
line of any adjacent residential use or district.