Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
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.
C. 
In any district, no private garage or other accessory building or parking area shall be within a required front yard, except as provided for in §§ 57-38H and 57-51P.
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.
(2) 
No structure erected pursuant to § 57-40A(1) shall:
(a) 
Have a lot of coverage in excess of 10% of the lot area.
(b) 
Be used for residence or tenancy purposes.
(c) 
Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such 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.
A. 
The space in a required front yard shall be open and unobstructed, except for:
(1) 
An unroofed balcony or terrace, projecting not more than eight feet.
(2) 
Steps giving access to a porch or first-floor entry door.
(3) 
Other projections as specifically authorized in § 57-41C and D.
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:
(a) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(b) 
Fifteen feet.
(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:
(a) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(b) 
Two-thirds of the horizontal extent of such court.
(c) 
Fifteen feet.
(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.
D. 
Nothing herein shall be interpreted as requiring less buffer width than what would apply to any wetland as may be regulated in Chapter 56, Wetlands, of the Code of the Town of Monroe. The more restrictive provision shall prevail.
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
(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.