In any district, the placement of private garages and other
accessory buildings shall be subject to the following requirements:
A.
No accessory building shall be constructed within five feet of any
rear and/or side lot line.
B.
Nothing contained herein shall prevent the construction of a private
garage as a structural part of a main dwelling, provided that when
so constructed, the garage walls shall be regarded as the walls of
the main dwelling in applying the front, rear and side yard regulations
of this chapter.
D.
No private garage or other accessory building in any district, if
detached, shall be placed within 10 feet of the main building.
E.
In any OSR-3 or RR-1 District, no private garage or other accessory
building shall exceed 35 feet in height; and in any SR-20, SR-15,
SR-10 or UR-M District, no private garage or other accessory building
shall exceed 15 feet in height.
F.
In all residential districts, the aggregate area of all private garages
and other accessory buildings shall not occupy more than 40% of the
rear yard area.
G.
The quartering of domestic animals as pets shall be limited to the
customary house pets, except that stables for horses and kennels for
dog breeding may be considered accessory uses, provided that such
uses shall be at least 150 feet from any property line.
H.
In a business park, parking areas may be located within 10 feet of any property line within the business park. In such event, the Planning Board shall ensure that the protective planting required pursuant to § 57-20B(6) will be sufficient to screen the parking area from adjacent uses.
I.
Temporary trailers in advance of site plan approval. No temporary
trailers shall be permitted or occupied except in accordance with
these provisions. Where a site plan application has been submitted
to the Planning Board for expansion of an existing nonresidential
use permitted in the zoning district in which the use is to be located,
the Building Inspector may issue a temporary permit for no more than
five trailers for a period not to exceed a total period of three years,
subject to Planning Board review and approval of the proposed location
of said temporary trailers. No single trailer shall exceed 24 feet
in width by 36 feet in length. Depending on the number of trailers
proposed and the use which will temporarily occupy same, the Planning
Board, in its discretion, may require the submission of a site plan
in connection with the review and approval of the temporary permit.
Trailer(s) shall be located in a place which is easily accessible
to emergency service vehicles, connected to sewer and water service
as may be required by applicable health department regulations, and
shall not require the removal or result in any damage to existing
on-site trees. Said trailers may be occupied during the term of the
temporary permit only upon the property for which a site plan application
has been submitted. The Planning Board may attach to its approval
whatever conditions are deemed necessary to carry out the intent of
this section. The maximum occupancy of each trailer shall be established
by the Planning Board, and shall be duly noted on the temporary permit
which shall be posted on each trailer. Each trailer shall meet all
other applicable building code or relevant regulatory requirements.
Temporary trailers are not permitted in conjunction with any residential
use, or the construction of a new use, building or structure on a
lot without existing improvements.
J.
Construction office trailer. Where a building permit has been issued
for the construction or alteration of a nonresidential development
or a residential subdivision, the Building Inspector may issue a temporary
permit for one construction office trailer for a period not to exceed
six months. Said temporary permit may be extended for additional periods
of six months where the Building Inspector finds that construction
has been diligently pursued and that justifiable circumstances require
such an extension. In no event shall the total period of the temporary
permit and extensions exceed three years. Said trailer may be occupied
during the term of the temporary permit and shall be situated upon
the lot for which the building permit has been issued. Prior to the
issuance of the temporary permit, the Planning Board shall have approved
the location of the trailer on the lot. The Planning Board may attach
to its approval whatever conditions are deemed necessary to carry
out the intent of this section.
A.
Undersized lots.
(1)
Notwithstanding the lot area, lot width and lot coverage requirements
of the Schedule of District Regulations,[1] a single-family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards shall not be less than 25% of the lot width, and that the narrower side yard shall not be less than six feet in width. [For lots which cannot conform to these standards, see § 57-65C(7).]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Anything to the contrary notwithstanding, no lot width shall be less
than 50 feet, and the width of a lot at any point between front lot
line and building setback line shall not be less than this dimension.
B.
All yards on corner lots and existing through lots abutting any street
shall meet the requirements for front yard setbacks for the district
in which the lot is located. On the effective date of this Zoning
Chapter, through lots are not permitted.
A.
Height exceptions.
(1)
Nothing contained shall restrict the height of a church spire, cupola,
dome, mast, belfry, clock tower, radio or television antenna, radio
or transmission tower, flagpole, chimney, water tank, elevator or
stair bulkhead, stage tower, scenery loft or similar structure.
B.
Additional height limitations.
(1)
The purpose of this section is to ensure that the building mass of
a new single-family detached dwelling, especially when located within
a neighborhood of existing single-family detached dwellings or when
located on an undersized lot in a developed neighborhood, does not
dominate the lot in a manner that is inconsistent with the existing
massing of dwellings within the neighborhood. In addition, these provisions
ensure there is ample yard space between adjoining lots and single-family
detached dwellings. The Town of Monroe discourages the proliferation
of new dwellings that are at variance with the scale of the lot, streetscape
and neighborhood due to incongruence of the size, scale, and placement
of the new dwelling on its lot.
(2)
These requirements shall apply to any lot which is one acre or less
in size, and proposed to be constructed with a single-family detached
dwelling, whether said lot conforms or does not conform to the dimensional
requirements contained in the Schedule of District Regulations[1] applicable to the zoning district in which it is located.
The more restrictive height limitation shall apply.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
Any single-family detached dwelling must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from an imaginary vertical line (the "measurement line") drawn upwards from the nearest property line to the building at that location. The height of each point shall be measured from the elevation of the natural grade at the measurement line. Notwithstanding any language in this subsection, the maximum height limitation for a building hereof shall not be exceeded at any point unless the building or structure is exempted from such maximum height limit by § 57-40A.
(4)
Any single-family detached dwelling that does not meet these requirements
shall be required to obtain an area variance.
B.
Every part of a required yard shall be open to the sky, unobstructed,
except for retaining walls and for accessory buildings in a rear yard
and except for the ordinary projection of sills and belt courses and
for ornamental features projecting not to exceed six inches. Cornices
and eaves shall not project more than 30 inches.
C.
Open or lattice-enclosed fireproof fire escapes or stairways, required
by law, projecting into a yard not more than four feet and the ordinary
projections of chimneys and pilasters shall be permitted by the Building
Inspector when placed so as not to obstruct light and ventilation.
D.
In any NB, GB, LI or HI District, every nonresidential building or
structure on a lot with a side lot line abutting any residence district
shall have a side yard with a minimum width of 50 feet along such
abutting side lot line.
E.
(Reserved)
F.
In any NB, GB, LI or HI District, every nonresidential building or
structure on a lot with a rear lot line abutting any residence district
shall have a rear yard with a minimum depth of 50 feet along such
abutting rear lot line.
G.
In any NB, GB, LI or HI District, every nonresidential building or
structure shall have a planting strip adjacent to every side and rear
lot line abutting any residence district. Such planting strip shall
be not less than six feet wide, situated within the required side
and rear yards, and shall be designed and laid out with suitable evergreen
plant material, which will attain and shall be maintained at a height
of not less than eight feet so as to provide an effective natural
screen between the NB, GB, LI or HI District and the abutting residence
district along side and rear lot lines.
H.
In SR-20, SR-15, SR-10 and UR-M Districts, a public or private school
approved by the New York State Board of Regents shall have one side
yard with a minimum width of 30 feet, and the sum of the widths of
the two side yards shall not be less than 65 feet.
I.
In all districts where a public or private school approved by the
State Board of Regents is a permitted use, there shall be a planting
strip adjacent to every side and rear lot line. Such planting strip
shall be not less than 25 feet wide, situated within the required
side and rear yards, and shall be designed and laid out with suitable
evergreen plant material, which will attain and shall be maintained
at a height of not less than eight feet so as to provide an effective
natural screen between the school and the abutting properties along
side and rear lot lines.
J.
Corner clearance. On a corner lot, within the triangular area determined
as provided in this subsection, no wall or fence or other structure
shall be erected to a height in excess of two feet; and no vehicle,
object or any other obstruction of a height in excess of two feet
shall be parked or placed; and no hedge, shrub or other growth shall
be maintained at a height in excess of two feet, except that trees
whose branches are trimmed away to a height of at least 10 feet shall
be permitted. All such heights shall be measured from the level of
the nearest curb. Such triangular area shall be determined by the
intersecting street lines and a diagonal connecting two points, one
on each street line, each of which points is 15 feet from the intersection
of such street lines.
K.
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both frontages.
L.
Courts.
(1)
In all districts the least horizontal dimension of an inner court
at its lowest level shall not be less than the larger of the following
two dimensions:
(2)
In all districts, the least width of an outer court at its lowest
level shall not be less than the largest of the following three dimensions:
(3)
In all districts, the horizontal depth of an outer court shall not
exceed 1 1/2 times its least width.
A.
Neither a commercial nor a noncommercial swimming pool shall be located,
constructed or maintained on any lot or land area, except in conformity
with the following requirements:
(1)
The entire portion of the premises upon which such pool is located
shall be entirely enclosed with a good quality protective fence of
not less than four feet in height.
(2)
Every gate or other opening in the fence enclosing such pool shall
be kept securely closed and locked at all times when said pool is
not in use.
(3)
Such pool shall be not less than 15 feet from side and rear lot lines
and 15 feet from the main building.
(4)
If the water for such pool is supplied from a private well, there
shall be no cross-connection with the public water supply system.
(5)
If the water for such pool is supplied from the public water supply
system, the inlet shall be above the overflow level of said pool.
(6)
Such pool shall be chemically treated in a manner sufficient to maintain
the bacterial standards established by the provisions of the New York
State Sanitary Code relating to public swimming pools.
(7)
No permit shall be granted for the installation or construction of
said swimming pool unless the plans of said pool shall meet minimum
construction requirements of the Building Department of the Town,
and unless the Town Engineer or a licensed professional engineer of
New York State has certified that the drainage of such pool is adequate
and will not interfere with the public water supply system, with existing
sanitary facilities or with public streets.
(8)
No loudspeaker or amplifying device shall be permitted which can
be heard beyond the bounds of the property or lot where said pool
is located.
(9)
No lighting or spotlighting shall be permitted which will project
light rays beyond the bounds of the property or lot where said pool
is located.
B.
A commercial swimming pool or a noncommercial swimming pool accessory
to a membership club shall also be subject to the following requirements:
(1)
Adjacent to every side and rear lot line, there shall be a protective
planting strip not less than six feet wide, situated within the required
side and rear yards, which shall be designed and laid out with suitable
plant material, which will attain and shall be maintained at a height
of not less than eight feet so as to provide an effective natural
screen alongside and rear lot lines.
C.
A noncommercial swimming pool not accessory to a membership club
shall also be subject to the following requirements:
(1)
Such pool shall be located in a rear yard or side yard only, but
not within a minimum required side yard.
(2)
Such pool shall not occupy more than 25% of the rear yard area, excluding
all private garages or other accessory buildings or structures.
(3)
Adjacent to every side and rear lot line within the rear yard area,
there shall be a protective strip not less than six feet wide, situated
within the required side and rear yards, which shall be designed and
laid out with suitable plant material, which will attain and shall
be maintained at a height of not less than eight feet so as to provide
an effective natural screen alongside and rear lot lines.
A.
A building setback line is hereby established in all districts, parallel
to and 50 feet distant from the present normal shoreline or bank of
every lake or other body of water or ever flowing watercourse or stream
in the Town. No main building or accessory building shall be constructed
between said setback line and the said shoreline or bank. The location
of said shoreline or bank shall be determined by the Town Engineer
on the basis of a period of normal water level.
B.
No septic tank, sanitary plant, leaching field or other sewage disposal
facility shall be constructed or located in any district within 100
feet of the present normal shoreline or bank of any lake or reservoir
or other body of water, or watercourse or stream tributary to a reservoir
in the Town. The location of said shoreline or bank shall be determined
by the Town Engineer on the basis of a period of normal water level.
C.
No more than 50% of the total linear feet of shoreline shall be disturbed
or cleared within 25 feet of the shoreline, and existing vegetation
shall be retained to the maximum extent.
A.
Accessory apartments.
(1)
It is the purpose and intent of this section to allow the establishment
of one accessory apartment located entirely within a single-family
dwelling in order to: provide an opportunity for the development of
small rental housing units designed to meet the special housing needs
of senior citizens, single persons and small households; to ensure
the retention of single-family neighborhood character; allow the more
efficient use of the Town's housing stock with minimal impact on community
character and resources; and provide economic support for existing
resident families. Consistent with the intent of this section, any
owner occupying a single-family dwelling may apply to the Planning
Board for approval for an accessory apartment permit to seek the establishment
of one accessory apartment. The Planning Board shall review such application,
without requiring a public hearing, and strictly apply the standards
herein.
(2)
Any application for an accessory apartment shall require submission
of a plan showing the proposed accessory apartment and parcel survey.
The Planning Board is not granted the authority to waive any of the
standards set forth below except as specifically provided herein:
(a)
Accessory to the single-family detached dwelling. Subject to
the review and approvals set forth herein, an accessory apartment
is allowed in any zoning district that permits a single-family detached
dwelling as a permitted use.
(b)
Compliance with district regulations. The lot on which the accessory
apartment is to be located shall meet all bulk requirements applicable
to a single-family detached dwelling as set forth in the Schedule
of District Regulations[1] for the zoning district in which it is located.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Dwelling size. The minimum habitable floor area for an accessory apartment shall be 450 square feet, but in no case shall such accessory apartment exceed 30% of the gross floor area of the single-family detached dwelling in which it is located or 750 square feet of gross floor area, whichever is less. Any building which proposes an accessory apartment that exceeds the maximum habitable floor area requirement shall be deemed a two-family dwelling. An accessory apartment is allowed only entirely within a single-family detached dwelling that complies at the time of application with § 57-45A of this Zoning Law. The applicant shall submit a floor plan to scale of the single-family detached dwelling that illustrates the interior space within which the accessory apartment will be created. No accessory apartment shall be considered "accessory" where such apartment requires a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by this section.
(d)
Existing single-family detached dwelling. The principal single-family
detached dwelling shall have been lawfully constructed and used as
a single-family detached dwelling for at least 10 years prior to the
date that an application is made for the creation of an accessory
apartment. Evidence of such use shall include the date of a duly issued
certificate of occupancy for the single-family detached dwelling or
other evidence of use that the Planning Board finds adequate to establish
that the single-family detached dwelling has been lawfully established
and maintained for at least 10 years. The Planning Board may waive
the ten-year requirement upon an evidentiary showing by the applicant
establishing that the accessory apartment will enable the owner occupying
the principal dwelling to provide care for an elderly or disabled
relative residing in the accessory apartment.
(e)
Owner occupancy required. The principal single-family detached
dwelling wherein the accessory apartment is to be located must be
occupied, at the time of application and at all times thereafter while
the accessory apartment is established and maintained, as the principal
domicile of the record owner of title. Ownership shall be evidenced
by the last deed recorded in the office of the Clerk of the County
of Orange. Evidence that the dwelling is occupied as the principal
domicile of the record owner may be established by an affidavit of
the record owner, supported by voting records or such competent evidence
as would be sufficient to establish domicile for purposes of voting.
It shall be a condition of every certificate of occupancy issued for
an accessory apartment that occupancy of such dwelling unit is valid
only if the unit is located in an owner-occupied single-family dwelling,
and the certificate of occupancy shall prominently display in bold
print a statement that occupancy of such accessory apartment is not
lawful and valid unless the single-family dwelling is owner-occupied.
In the event a certificate of occupancy is issued without such statement,
it shall not prevent enforcement of the condition. Nothing herein
shall permit the establishment of separate ownership, e.g., condominium,
of either dwelling unit.
(f)
Maximum number of accessory apartments. There shall be no more
than one accessory apartment in any single-family detached dwelling.
(g)
The accessory apartment shall comply with all applicable requirements
of the New York State Uniform Fire Prevention and Building Code and
shall be maintained in a neat and orderly manner.
(h)
Off-street parking shall be provided on the following basis:
two parking spaces per unit. The parking spaces shall be provided
with a backup or turnaround area so that cars which park in the parking
spaces are not required to back out into the street. The backup or
turnaround area shall not be construed as nor used as a legal parking
space.
(i)
No use shall be permitted accessory to an accessory apartment.
(j)
Each dwelling unit in the structure shall contain its own separate
and independent bathroom and kitchen entirely located within each
dwelling unit. The accessory apartment shall contain no more than
one bedroom and no other space shall, in the determination of the
Planning Board, be so configured that it could be used as a second
bedroom (e.g., a den, a sewing room, etc.).
(k)
No exterior changes or expansion which may alter its existing
foundation, existing roofline, or existing facade may be made to the
principal single-family detached dwelling except for the installation
of an entrance to serve the accessory apartment. The structure in
which the accessory apartment is located shall have only one front
entrance and only one entrance from any other facade of the structure.
An exterior entrance leading to a foyer with interior entrances leading
from the foyer to the dwelling units will be acceptable pursuant to
this requirement.
(l)
Lot coverage. The Planning Board may allow an increase in lot
coverage to create the required parking spaces pursuant to § 57-21H
of this section, or to construct a sidewalk to the entrance of the
accessory apartment. The maximum lot coverage for the single-family
detached dwelling applicable to the zoning district within which it
is located shall not be exceeded.
(m)
The accessory apartment may be in a zone that is serviced by
either an on-site septic system or central sewage facility, by a well
or central water facility. Adequate water supply and sewage disposal
facilities shall be available as certified by a New-York-State-licensed
professional engineer, except such certification is not required if
the building is connected to public water and sewer services. The
adequacy of the water and sewer facilities must be demonstrated to
the satisfaction of the Town Engineer during accessory apartment permit
review.
(3)
Detached accessory dwelling.
(a)
An accessory apartment within a building detached from the single-family
detached dwelling located on the same lot is allowed in the OSR-3
Zoning District only, and any accessory apartment in a detached building
in any other zoning district shall require a use variance.
(b)
A detached accessory dwelling shall meet all requirements set forth in this § 57-44A, including size relative to single-family detached dwelling, and the detached building shall have been in existence for 10 years or more.
(c)
Nothing herein shall permit any landowner from subdividing the
lot so as to place the accessory apartment on an individual lot.
(d)
The detached accessory dwelling shall be required to meet the
same dimensional standards as the single-family detached dwelling
applicable to the zoning district in which it is located, regardless
of whether the apartment is associated with an accessory detached
garage or other building.
(e)
There shall be no more than one accessory apartment dwelling
on any lot, whether within the single-family detached dwelling or
in a building detached from same.
(4)
Conditions of approval.
(a)
In addition to the above standards, the Planning Board shall
grant such application and issue the required accessory apartment
permit only after determining that the issuance of such accessory
apartment permit will not adversely affect adjoining properties and
the general surrounding neighborhood where the accessory apartment
is proposed to be located. In the event that the Planning Board determines
a proposed accessory apartment may adversely affect adjoining properties
or the surrounding neighborhood, it may, as a condition of approving
a permit, require that the applicant establishes and maintains landscaping
or fencing, or other mitigation measures, where necessary, to avoid
such adverse effects.
(b)
It shall be a condition of the accessory apartment permit, whether
or not specifically incorporated therein, that:
[1]
The owner shall maintain the accessory apartment use in conformance
with the requirements of this section and all applicable provisions
of the Uniform Fire Prevention and Building Code, including, but not
limited to, the Property Maintenance Code of New York State; and
[2]
The accessory apartment permit shall be valid for a period of
one year from the date that a certificate of occupancy is issued for
the accessory apartment, and that it shall be automatically renewed
annually by the Building Inspector upon submission by the record owner
of an annual certification for renewal to be provided by the Town,
attesting that the principal single-family dwelling is maintained
as the owner's domicile; and payment of a renewal fee, in such amount
as established by resolution of the Town Board, provided the Building
Inspector determines such use has been maintained in accordance with
all requirements herein and any applicable conditions of approval.
(c)
If the Building Inspector determines at any time prior to renewal
that the use has not been maintained in accordance with the requirements
herein or any applicable conditions of approval, the Building Inspector
shall give notice of such determination to the record owner and the
Planning Board shall approve, disapprove, or approve with conditions
the accessory apartment permit subject to renewal. The Planning Board
shall consider the Building Inspector's findings in evaluating whether
to renew the accessory apartment permit; and if it determines that
it intends to deny such renewal or to impose additional conditions
on such renewal, the Planning Board shall give written notice of its
intent to the record owner at the most recent address shown on the
tax roll of the Town, and provide an opportunity for the record owner
to be heard on the matter, and shall consider any evidence submitted
by the record owner in support of the renewal of the accessory apartment
permit. The Planning Board shall thereafter approve, approve with
conditions or deny the accessory apartment permit, stating the reasons
for its decision.
(5)
Transfer of title. Within 60 days after the record owner transfers
title to premises for which an accessory apartment permit has been
granted for an accessory apartment, the new record owner shall provide
such evidence to the Building Inspector as may be necessary to demonstrate
that the principal residential structure is occupied by the new record
owner in accordance with § 57-21E of this section. In the
event that the new record owner fails to do so, the Building Inspector
shall serve a written notice upon the owner or occupant to do so by
a date certain. In the event that the record owner fails to do so,
the Building Inspector shall give notice of such noncompliance to
the record owner and the Planning Board, and the Planning Board shall
consider the Building Inspector's findings in considering whether
to renew the accessory apartment permit; and if it determines that
it intends to deny such renewal or to impose additional conditions
on such renewal, the Planning Board shall give written notice of its
intention to the record owner at the most recent address shown on
the tax roll of the Town, and provide an opportunity for the record
owner to be heard on the matter, and shall consider any evidence submitted
by the record owner in support of the renewal of the accessory apartment
permit. The failure of the Planning Board to take any action required
by this section shall not constitute a waiver of such requirement.
The Planning Board shall thereafter approve, approve with conditions
or deny the accessory apartment permit, stating the reasons for its
decision.
(6)
Effect of denial of renewal. The Planning Board shall direct that
the accessory apartment created pursuant to this section be vacated,
its use as an accessory apartment created pursuant to this section
be discontinued, and that all improvements installed to allow its
use as an accessory apartment be removed.
(7)
Inspections. The applicant shall agree and acknowledge, in writing, to the Town of Monroe the understanding that, should the parcel be sold, the Building Inspector is authorized to conduct a site visit to verify that the accessory apartment is in compliance with the conditions of the accessory apartment permit issued for the property. The Building Inspector, or a duly authorized designee of the Building Inspector, may perform a fire, safety and property maintenance inspection of the accessory apartment upon the request of the owner of the property to be inspected or an authorized agent of such owner or the occupant. In the event that the Building Inspector has a reasonable basis to believe that the accessory apartment or principal structure does not comply with applicable provisions of the accessory apartment permit, Chapter 57 or the Uniform Fire Prevention and Building Code, and the owner or an authorized agent or occupant does not consent to such inspection, the Building Inspector may apply for a warrant to permit such inspection. Nothing in this subsection shall permit such inspection in such circumstances unless such warrant has been obtained.
B.
Home occupation.
(1)
A home occupation may be conducted only within a dwelling which is
a bona fide residence of the principal practitioner of the occupation.
A home occupation shall fall within one of the following three categories:
(a)
Exempt home occupation. A home occupation in compliance with the criteria and standards for "Exempt Home Occupations" in the table below and the general standards set forth in this § 57-44B shall be permitted as an accessory use and shall not require registration or special use permit approval.
(b)
Minor home occupation. A home occupation in compliance with the criteria and standards set forth for "Minor Home Occupation" in the table below and the general standards set forth in this § 57-44B shall be permitted as an accessory use upon registration with the Building Inspector and shall not require special use permit approval. A home occupation shall be deemed a major home occupation where it exceeds any one of the operational or site criteria for an exempt or minor home occupation set forth below.
(c)
Major home occupation. A home occupation in compliance with the criteria and standards set forth for "Major Home Occupation" in the table below and the general standards set forth in this § 57-44B shall be allowed only upon receipt of special use permit approval from the Planning Board. The Planning Board is permitted to waive the requirements for site plan submission where same is determined not to be requisite in the Planning Board's determination. The Planning Board may impose conditions necessary to protect the health, safety and welfare of adjoining properties and the Town.
(2)
Table of Operational and Site Criteria Defining Home Occupation Types:
Exempt Home Occupation
|
Minor Home Occupation
|
Major Home Occupation
| |
---|---|---|---|
Where permitted
|
Permitted in an existing single-family detached dwelling or
two-family dwelling
|
Permitted in an existing single-family detached dwelling
|
Permitted in an existing single-family detached dwelling or
building accessory thereto
|
Maximum size
|
Total gross floor area devoted to the home occupation shall
not exceed 150 square feet, or 30% of the dwelling, whichever is less
|
Total gross floor area devoted to the home occupation shall
not exceed 250 square feet, or 30% of the dwelling, whichever is less
|
Total gross floor area devoted to the home occupation exceeds
250 square feet, but shall not exceed 450 square feet, or 30% of the
dwelling, whichever is less
|
Maximum number of employees
|
On-site nonresident employees are not permitted
|
Maximum of 1 on-site nonresident employee is permitted
|
Maximum of 2 on-site nonresident employees is permitted
|
Maximum number of visitors/customers
|
There shall not be any visitors/customers of the home occupation
|
There shall not be any visitors/customers of the home occupation
|
The home occupation may include up to a total number of 4 visitors/customers
per day. The Planning Board may further limit the maximum number of
visitors/customers as a condition of approval
|
Maximum number of deliveries
|
Only deliveries made by U.S. Mail, or by package carrier (e.g.,
United Parcel Service or FedEx). No more than 1 package carrier delivery
per day
|
Only deliveries made by U.S. Mail, or by package carrier (e.g.,
United Parcel Service or FedEx). No more than 1 package carrier delivery
per day
|
The Planning Board may establish conditions on the maximum number
of deliveries or pick-ups to and from the dwelling based on a consideration
on the potential effect on adjoining properties
|
Required off-street parking
|
No additional parking required
|
A maximum of 1 off-street parking space for the nonresident
employee shall be provided
|
A home occupation requiring two or more parking spaces for nonresident
employees and visitors/customers. Total minimum number of parking
spaces to serve the home occupation shall be determined by the Planning
Board
|
Maximum number of commercial vehicles
|
As regulated in § 57-51D
|
As regulated in § 57-51D
|
As regulated in § 57-51D
|
Permitted signs
|
As regulated in § 57-56A
|
As regulated in § 57-56A
|
As regulated in § 57-56A
|
Conditions of approval
|
None
|
Registration with the Building Inspector
|
The Planning Board may impose conditions on the operation of
the home occupation, including but not limited to: maximum number
of employees, maximum size of home occupation, maximum number of commercial
vehicles, hours of operation including for visitations and deliveries,
screening, lighting, and other requirements necessary to protect the
health, safety and welfare of the occupants or the residential neighborhood
in which said home occupation shall be located
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(3)
General standards applicable to all home occupations. The following
criteria and standards apply to exempt, minor and major home occupations.
(a)
It shall be carried on by a member of the family residing in
the dwelling unit.
(b)
Exterior appearance of principal dwelling. In no manner shall
the appearance of the existing principal dwelling be altered, nor
shall the occupation within the dwelling be conducted in a manner
that would cause the premises to lose its residential character, either
by the use of colors, materials, construction or lighting.
(c)
It shall be clearly incidental and secondary to the use of the
dwelling unit for residential purposes and shall not occupy more than
the equivalent of 1/2 of the gross floor area of the story on which
it is to be located and conducted.
(d)
Performance standards. No home occupation shall create noise,
dust, vibration, odor, smoke, electrical interference, fire hazard
or any other nuisance that is perceptible beyond the lot lines. No
toxic, explosive, flammable, combustible, corrosive, disease carrying,
radioactive, or other restricted materials shall be used in the operation
of a home occupation.
(e)
Prohibited uses. In addition to uses that are prohibited by
regulations elsewhere in this Zoning Law, nothing herein shall be
constructed to allow the following uses as home occupations: adult
entertainment or sexually oriented businesses, animal hospitals, the
commercial boarding of animals, clinics or hospitals, dancing schools,
mortuaries, nursery schools, any automotive-related repair or retail
sales, restaurants, taxi operators or dispatchers, tow-truck services,
tattoo parlors, therapists not licensed by the State of New York,
bed-and-breakfasts, rooming houses or boardinghouses, on-site storage
of construction vehicles or equipment, beauty parlor, barbershops
and hairdressing and manicuring establishments.
(f)
Except for articles produced on the premises, and other articles
customarily associated with the product made or the service provided
on the premises, no stock-in-trade shall be displayed or sold on the
premises, as would be the case of a retail store or a specialty shop,
nor shall any item be available for rental. No display of products
shall be conducted exterior to the dwelling.
(g)
Storage. There shall be no exterior storage of materials, equipment,
or vehicles or other supplies used in conjunction with the home occupation
except as may be allowed elsewhere in this Zoning Law or by approval
of the Planning Board as a condition of a major home occupation. It
shall not require storage or standing of any construction equipment.
In addition, there shall be no use of any chemical, mechanical or
electrical equipment which is not a customary household appliance
or light office equipment unless approved by the Planning Board in
conjunction with a major home occupation.
(h)
All home occupations shall meet all requirements set forth in
the New York State Uniform Fire Prevention and Building Code.
(i)
Deliveries. The Planning Board may impose restrictions on the
number of deliveries per day in connection with a special use permit.
(j)
There shall be no sharing, letting or subletting of space for
use by others in the conduct of their profession, trade, or business.
(k)
Parking shall be located on the property as required by the
Zoning Law. The parking requirements shall not be met by use of off-premises
parking. Parking for the home occupation shall be in addition to the
minimum number of parking spaces otherwise required for the single-family
detached dwelling. For major home occupations, the Planning Board
may impose restrictions on the location of parking required in conjunction
with the use.
(l)
In no case shall a home occupation be open to the public earlier
than 9:00 a.m. or later than 8:00 p.m. unless modified by the Planning
Board.
(m)
The special permit or registration shall expire upon sale, transfer,
or lease of the property. In no event shall a special permit be issued
for a time period greater than three years without renewal by the
Planning Board.
(n)
For purposes of this section, the term "employee" shall mean
any person performing services in connection with the home occupation
business and on the premises where the home occupation is being operated
whether considered as an employee or an independent contractor.
C.
Indoor and outdoor sports facilities. Site plan approval pursuant to Article VI of this chapter shall be required for indoor and outdoor sports facility uses. Indoor and outdoor sports facilities shall satisfy the following requirements:
(1)
Suitable outdoor trash receptacles shall be provided in sufficient
number to service all outdoor sports facilities. Outdoor trash receptacles
shall be emptied frequently enough to avoid overflow and litter and
to avoid creating insect nuisances and other unsightly or malodorous
conditions.
(2)
All outdoor playing fields shall be set back by at least 50 feet
from buildings, business park property lines, drives, vehicular access
ways and public and private roads so as to avoid creating a hazard
to public health and safety. Chain link fences of appropriate heights
may be used to help prevent balls from leaving the playing fields,
but such fences shall be adequately constructed and maintained so
as to fulfill their intended function.
(3)
Outdoor fields may be equipped with lights to permit evening play,
provided that lights shall be directed so as to avoid creating a traffic
hazard, excessive glare or nuisance to adjoining residential land
uses.
(4)
Toilet and lavatory facilities shall be provided accessible to indoor
and outdoor sports facilities. Sanitary facilities, sewage disposal
and water supply shall be adequate and in compliance with applicable
state and local regulations.
(5)
Parking for outdoor sports facility: Parking for outdoor sports facilities
shall be improved with a dustless surface such as Item 4 and/or oil
and chip and shall be properly drained but need not be paved due to
the seasonal nature of its use. A minimum number of parking spaces
equal to 2.5 times the number of players required for the sports field
in question shall be provided. Parking areas for outdoor sports facilities
shall be convenient to the playing fields to which they are accessory
but may be centrally located so that several fields have access to
the same parking area.
(6)
Parking for indoor sports facility: five paved parking spaces per
1,000 square feet of gross leasable area.
A.
Dwelling units in single- and two-family detached dwellings shall
have a minimum habitable floor area of not less than 900 square feet.
B.
A single-family detached dwelling shall have a minimum width of 20
feet.
C.
Minimum habitable floor area requirements for individual dwelling
units within multiple dwelling groups shall be 600 square feet for
efficiency units, 750 square feet for one-bedroom units, 900 square
feet for two-bedroom units and 1,000 square feet for two-bedroom-and-den
or three-or-more-bedroom units.
D.
Minimum habitable floor area requirements for individual dwelling
units within multiple dwelling groups devoted to and constructed specifically
for senior citizens shall be 450 square feet for efficiency units,
600 square feet for one-bedroom units and 750 square feet for two-bedroom
units. All other units shall exceed 1,000 square feet in area.
E.
The provisions of this section shall not apply to mobile home parks.