Alden Town City Zoning Code
ARTICLE X
Home Occupations 1
§ 365-63 Purpose.
The purpose of these provisions is to allow for home occupations which are compatible with the neighborhoods in which they are allowed.
§ 365-64 Conditions.
The Town Board may, upon application and a public hearing thereon, permit a home occupation in any R District subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met. Home occupations shall be limited to one per single-family dwelling or existing accessory structure.
A.
The occupation will be conducted entirely within a dwelling or existing accessory structure. No existing accessory structure may be enlarged to accommodate a home occupation permit.
B.
The occupation is clearly incidental and secondary to the principal use of the dwelling.
C.
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
D.
No more than one person, other than members of the immediate family residing on the premises, may be employed.
E.
Not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation.
F.
Stock-in-trade is kept or commodities sold other than incidental supplies necessary for and consumed in the conduct of such home occupation.
G.
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
H.
No mechanical equipment is used except such as may be used for domestic or household purposes (or as deemed similar to power and type).
I.
Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling. If conducted in an existing accessory structure, internal alterations may be made.
J.
The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
K.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
L.
The home occupation shall not involve the use of advertising signs. Only one nonilluminated nameplate not to exceed four square feet shall be allowed. It may display the name of the occupant and/or the name of the home occupation.
§ 365-65 Procedure.
A.
Application. Application for a home occupation permit shall be made by the resident to the Town Board on a form provided by the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
B.
Town Board review and public hearing. After a duly scheduled public hearing, the Town Board may issue a home occupation permit. Notices of the public hearing shall be mailed by the Town Clerk to adjacent property owners.
C.
Permit renewal.
(1)
The time limit for the home occupation permit shall be one year.
(2)
Requests for renewal shall be submitted in writing to the Code Enforcement Officer, accompanied by a fee as set by the Town Board.
(3)
The request shall be reviewed and an inspection made of the property by the Code Enforcement Officer to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Code Enforcement Officer shall make a determination of compliance and may renew the home occupation permit for one year.
D.
Voiding of permit.
(1)
The Code Enforcement Officer may void any home occupation permit for noncompliance with the conditions set forth in approving the permit. A 30 day grace period to come into compliance may be granted by the Code Enforcement Officer.
(2)
Failure of applicant to renew permit shall result in automatic termination of the home occupation: For renewal, applicant must pay initial application fee and reapply for another permit.