[Amended 12-28-1987 by L.L. No. 5-1987; 1-21-1988 by L.L. No. 1-1988; L.L. No. 5-1992; 2-4-1997 by L.L. No. 1-1997]
In R-4 Residential Districts, the following
uses are permitted:
A.
Single-family dwellings.
B.
Churches or similar places of worship, parish houses,
convents, rectories or parsonages.
C.
Private, nonprofit, elementary or secondary schools
accredited by the New York State Department of Education, public hospitals,
public libraries and municipal and special district buildings, provided
that no such buildings shall be located within 50 feet of any adjoining
lot line.
D.
Fire stations without club facilities.
E.
Farms, greenhouses, plant nurseries and riding stables
lawfully existing on the effective date of this chapter, provided
that:
(1)
No new building or structure shall be constructed
nor existing buildings or structures enlarged, converted or moved
in which horses or other farm animals are kept, unless such building
is at least 100 feet from any lot line.
(2)
No storage of manure or other odor- or dust-producing
substance shall be permitted within 100 feet of any lot line.
F.
Home occupations.
[Amended 2-17-2009 by L.L. No. 1-2009]
(1)
"Home occupation" is defined for the purpose of this
section as any activity carried out for gain by a resident of a dwelling
unit which results in the manufacture or sale or provision of goods
and/or services and is clearly incidental and subordinate to the use
of the premises as a residential dwelling unit and which does not
alter the exterior of the property or affect the residential character
of the neighborhood.
(2)
Occupations included; where conducted.
(a)
Home occupations shall include:
[1]
General office, business, and professional services
(computer services, doctors, counselors, bookkeeping, etc.)
[2]
Studios/work spaces for handicraft production,
fine arts, cooking, etc.
[3]
Direct sale product distribution (Avon, Tupperware,
etc.)
[4]
Individual instruction (music lessons, etc.)
(b)
All home occupations shall be conducted wholly
within the main dwelling unit exclusive of any accessory structures.
(3)
The following uses shall not be deemed a home occupation:
retail selling; firewood sales; stocking firearms sales; clinic; hospital;
funeral home; restaurant; motel, hotel, rooming house, kennels, animal
hospital, mortuary; personal service shop; spa; dance, aerobic exercise,
martial art studio, etc.; repair, storage and/or painting of motorized
vehicles or boats; welding shop; large appliance repair; place of
amusement; public storage facility; and any use similar to the above.
(4)
The use of noxious, combustible, corrosive, flammable,
explosive, radioactive or other materials that would endanger the
health and safety of the occupants and the surrounding residents is
prohibited.
(5)
No home occupation shall require trash and recyclables
pickup in excess of that required normally in single-family dwelling
residential areas.
[Amended 3-19-2015 by L.L. No. 2-2015]
(6)
A home occupation shall employ no more than one person
in addition to the resident(s) of the dwelling unit.
(7)
Renters shall provide written evidence of owner approval
for a home occupation with their application.
(8)
All parking associated with the home occupation must
be in the driveway where the home occupation is located. No parking
shall be permitted in the street or yard. No shared parking is permitted
associated with any home occupation.
(9)
The number of clients hosted by the home occupation
shall not exceed the rate of two per hour and shall occur only between
8:00 a.m. and 6:00 p.m., Monday through Saturday.
(10)
Servicing by trucks with three axles or more
shall be prohibited. All servicing by trucks, such as UPS, or other
vehicles shall occur only between 8:00 a.m. and 6:00 p.m., Monday
through Saturday, and not exceed the rate of six per day.
(11)
Not more than 25% of the total gross floor area
of the main dwelling unit may be used for a home occupation.
(12)
Outside storage and/or outside display of goods
is prohibited.
(13)
The display and/or storage of goods within a
dwelling unit in such a manner as to be visible from the outside of
the dwelling unit is prohibited.
(14)
The use shall not produce offensive noise, odors,
vibrations, smoke, fumes, heat, or dust detectable to normal sensory
perception beyond the premises. No equipment or process shall be used
in a home occupation which creates visual or audible electrical interference
in any radio or television receiver off the premises or which causes
fluctuations in line voltage off premises.
(15)
Owners of home occupations shall submit a completed
home occupation application form, with applicable fee, to the Director
of Community Development for approval.
(16)
The owner of a home occupation may appeal the
decision of the Director of Community Development to the Zoning Board
of Appeals. Renters must provide written approval of appeal from the
building owner.
(17)
When a property containing a home occupation
is sold, the home occupation shall cease.
(18)
Any home occupation that was lawful at the time
of the effective date of this section may be continued upon written
affirmation from the business owner that such home occupation shall
have continued in operation, does not constitute a nuisance, and shall
not be enlarged, altered, or changed in area, activity, or content
during its continuance, except as provided otherwise in this section.
G.
Private garages with a maximum area of 900 square
feet having a frontage of not more than 30 feet.
H.
Public parks, playgrounds and similar recreational
areas and structures not operated for gain.
B.
One dwelling is permitted per required lot.
C.
The maximum height of buildings or structures shall
be 30 feet.
D.
Minimum dimensions for dwellings. A livable floor
area at least 480 square feet per family unit with a total livable
floor area of at least 1,320 square feet, and ground coverage (exclusive
of garage) at least 660 square feet is required. Notwithstanding the
foregoing, studio apartments shall be permitted with a livable floor
area of at least 360 square feet for each unit.
No permits shall be issued pursuant to the foregoing
regulations of this article until and unless a site development plan
for such two-, three- and four-family dwelling or dwellings shall
be presented to and approved by the Planning Board, which shall consider
and determine that all requirements of this chapter have been met
and further they shall approve, with modifications, or disapprove
the site development plan in accordance with the following standards:
A.
The conditions necessary to restrict, safeguard and
protect property values in the vicinity of the proposed site and protect
the health, safety, morals, peace and general welfare of the Town.
B.
The effect of the proposed use on the ordinary development
and characteristics of the neighborhood and upon the development and
conduct of other lawful users in the vicinity.
C.
Whether the proposal and its use will be in harmony
with the character of the neighborhood.
D.
Whether the proposed use will create hazards and dangers
to the general public or to persons in the vicinity from the point
of view of traffic congestion, crowds, fire protection and parking
automobiles.
[Amended 2-4-1997 by L.L. No. 1-1997]
All requirements or restrictions listed in Article IV hereof for R-R, R-1, R-2 and R-3 Residential Districts shall apply in R-4 Residential Districts, except as modified by this article.
