[Added 3-26-1996 by L.L. No. 2-1996[1]]
[1]
Editor's Note: This local law also provided for the renumbering of former Articles XI, XII and XIII as Articles XII, XIII and XIV and former §§ 310-72 through 310-83 as §§ 310-77 through 310-88, respectively.
[Amended 4-8-1997 by L.L. No. 3-1997]
As used in this chapter, the following terms shall have the meanings indicated:
HOME OCCUPATION
Any business, professional, artistic or educational activity conducted within a dwelling unit or building accessory thereto in Residence A or C Zoning Districts by any of the residents of such dwelling unit, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which use is clearly incidental and subordinate to the use of the dwelling unit for dwelling purposes and does not change the character thereof, and subject to the limitations in §§ 310-73 and 310-74.
[Amended 4-8-1997 by L.L. No. 3-1997]
A home occupation not having employees, customers or other persons who regularly visit the premises for business purposes is permitted as of right in all Residence A and C Zoning Districts, subject to the following conditions:
A. 
The home occupation neither involves manufacturing or assembly of parts, nor sale, merchandising, trade or barter to or with persons who come to the premises.
B. 
There is no display of goods, supplies or advertising visible from any street and no outdoor storage of goods or supplies.
C. 
No person is employed or otherwise engaged on the premises in the conduct of the home occupation on a regular basis who does not reside in the dwelling unit.
D. 
Patients, clients, customers or students do not visit the premises for business purposes on a regular basis.
E. 
Delivery or pickup of parcels is not significantly more frequent than would be expected for a residence without such home occupation.
F. 
The space used within the dwelling unit and any accessory building that is dedicated to the home occupation does not occupy in the aggregate more than the lesser of 1/4 of the total floor area of the dwelling unit and accessory building, or 350 square feet in one building or 500 square feet in the aggregate for both buildings.
G. 
The home occupation is not carried on in the area outside of the dwelling unit and any accessory building.
H. 
There is no offensive noise, vibration, smoke, dust, odor or other emission and no lighting or heat generated by the home occupation noticeable to persons on nearby premises; and there is no electrical, television or radio interference to neighboring properties and no storage for sale or sale of firearms, ammunition or dangerous materials.
I. 
The home occupation does not add significantly to the quantity of waste material that would be expected for a residence without such home occupation.
[Amended 4-8-1997 by L.L. No. 3-1997]
A home occupation having employees, customers or other persons who regularly visit the premises for business purposes, or which otherwise does not meet the requirements of § 310-73, is a special use for which the Board of Appeals is authorized to grant a special use permit in all Residence A and C Zoning Districts as hereinafter provided. The Board of Appeals may prescribe reasonable rules and regulations for the operation of such home occupation.
A. 
The Board of Appeals is authorized to approve special use permits for conducting one or more home occupations (whether or not incorporated) in a dwelling unit serving as the principal building or in an accessory building on any lot in a Residence A, B or C District, for one or more offices, places of business or studios of one or more persons residing in the principal dwelling on the lot on which any such office, place of business or studio is located:
(1) 
Provided that the Board shall find that:
(a) 
Such use is merely incidental and subordinate to the use of such dwelling unit for residential purposes.
(b) 
The space dedicated to the carrying on of all such professions, businesses or occupations does not occupy in the aggregate more than the lesser of 1/4 of the total floor area of the dwelling unit and accessory building, or 350 square feet in one building or 500 square feet in the aggregate for both buildings.
(c) 
There shall be no display or advertising on the premises in connection with such use except for one nonilluminated nameplate not over one square foot in area, with letters not exceeding 1 1/2 inches in height.
(d) 
There shall be no more than one employee or other person for each home occupation who does not reside in the dwelling unit working at any one time in the conduct of the home occupation on a regular basis in the office, place of business or studio, whether located in the dwelling unit or accessory building.
(e) 
Any musician's or artist's studio shall be equipped and used in such a manner that sounds or emissions therefrom shall not be unduly annoying to other persons on nearby premises or public places.
(f) 
There shall be no offensive noise, vibration, smoke, dust, odor or other emission and no lighting or heat noticeable to persons on nearby premises; and there shall be no electrical, television or radio interference to neighboring properties and no storage for sale or sale of firearms, ammunition or dangerous materials.
(g) 
The home occupation shall not add significantly to the quantity of waste material that would be expected for a residence without such home occupation.
(h) 
The Board shall determine the number of off-street parking spaces that must be provided, their location on the lot and the screening which shall be provided. The home occupation shall be so conducted that on-street parking shall not exceed what would be expected for a residence without such home occupation, and, if it is not so conducted, the special use permit shall be subject to revocation.
(i) 
The proposed office, place of business or studio and the parking and traffic incident thereto:
[1] 
Will not create or aggravate hazards or dangers to the public or to persons in the vicinity.
[2] 
Will not be incongruous or detrimental to the prevailing residential character of the neighborhood.
[3] 
Will not impair the use, enjoyment or value of adjacent residential properties.
[4] 
Will not detract from the appearance of the area.
(2) 
Factors considered in determination; conditions; applicability and expiration of permit.
(a) 
In making any determination whether to approve or deny a special use permit for home occupations, the Board shall take into account, among other factors, the proximity of schools and other such offices, places of business and studios, and the Board may deny such permit if in its judgment, the number of such offices, places of business and studios in the immediate neighborhood will have an adverse effect on the health, safety or general welfare of the neighborhood. In addition, in granting any such permit, the Board of Appeals may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, morals and general welfare of the community and make findings appropriate to the conditions imposed. Among the limitations which may be imposed are:
[1] 
The time of day and days of the week when patients, clients, customers or students may visit the premises and the frequency of such visits.
[2] 
Subject to Subsection A(1)(d) above, the number of employees or other persons that may be employed or engaged at the office, place of business or studio.
[3] 
The number of home occupations that may be conducted on the premises.
[4] 
Notwithstanding Subsection A(1)(h) above, a prohibition of on-street parking.
[5] 
The length of time for which the permit is issued.
[6] 
A requirement that visitors must have scheduled appointments.
[7] 
A limit on the number of vehicles that may be parked in the driveway or designated parking area of the premises at any one time.
[8] 
A requirement that existing driveways must be expanded, or may not be expanded, to accommodate visitor parking.
[9] 
Restrictions on public advertising inviting patients, clients, customers or students to visit the premises at will if the premises are identified in such advertising by specific address.
[10] 
Provided, however, that any permit granted by the Board of Appeals shall apply only to the use described in such permit, and it shall expire upon the termination or modification of such use.
(3) 
Nothing in this article shall be deemed to affect the status or validity of any previously approved special use permit for a professional office or studio. Similarly, this article will have no effect on any legal nonconforming professional office or studio, provided that evidence can be supplied to the satisfaction of the Building Department that the professional office or studio was established prior to August 30, 1957, and has been in continuous use since that date.
A. 
Home occupations permitted as of right for which employees, customers or other persons may not visit the premises for business purposes on a regular basis:
(1) 
Registration to conduct a home occupation may, at the registrant's option, be submitted to the Building Department, together with a fee as established by the Board of Trustees, and with a plan indicating the area within the dwelling or accessory building to be utilized to conduct the home occupation.
(2) 
The home occupation registration submitted to the Building Department shall apply only to the use and the person(s) described in such registration, and may not be transferred to a future owner or tenant of the dwelling unit.
B. 
Home occupations allowed by special use permit for which employees, customers or other persons may visit the premises for business purposes on a regular basis, or which otherwise do not meet the requirements of § 310-73:
(1) 
Application for a special use permit shall be submitted to the Board of Appeals, through the Building Department, together with a fee as established by the Board of Trustees, and with the information as required in § 310-88B.
C. 
Enforcement of this article shall be by the Building Department, as outlined in Article XV.