Chatham City Zoning Code
ARTICLE VIII
Accessory Structures and Uses
§ 110-24 Location.
A.
Accessory uses and structures shall not be located in the required front yard except as explicitly permitted by this chapter. Such structures may be located within a required side yard and/or rear yard, provided that they are not located closer than six feet to any side or rear lot line and they do not exceed 15 feet in height and/or 288 square feet in gross floor area. Accessory structures exceeding either of these conditions shall not be closer than 10 feet to any side or rear lot line. Notwithstanding the above, an accessory dwelling shall be subject to the specifications of the Density Control Schedule[1] as it applies to a one- or two-family dwelling in the district in which it is located.
[Amended 11-4-2019 by L.L. No. 2-2019; 3-11-2024 by L.L. No. 3-2024]
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
B.
A solar energy system may be permitted in a required front or side yard by issuance of a special permit. The solar energy system shall not be located closer than 10 feet to any lot line.
C.
Accessory buildings, except solar energy systems, not attached to the principal buildings shall be located no closer to the principal building than 10 feet or a distance equal to the height of the accessory building, whichever is greater.
§ 110-25 Recreational vehicle storage.
No recreational vehicle, boat, camper, trailer or other similar vehicle shall be stored within the required front yard in an R, SR or RC District but may be located within the required side or rear yard, provided that they are screened from view and not located closer than six feet to any lot line unless parked on an existing driveway.
§ 110-26 Fences and walls.
A.
Fences and walls may be located within any required yard with no setback requirements.
B.
The maximum height for any fence or any wall, except for a retaining wall, shall be four feet in the front yard and six feet in the side and rear yards. No front yard fence shall result in the creation of a blank solid wall along the street. A fence with less than 35% of its surface being open shall be considered a solid wall.
C.
Any fence and/or wall shall have its most pleasant or decorative side facing the adjacent property.
D.
No barbed wire or electrical fence shall be permitted in any district without the issuance of a special permit by the Planning Board.
E.
Fences and walls shall be continually maintained, and no fence or wall shall be permitted to become unsightly or in a state of disrepair.
§ 110-27 Home occupations.
[Amended 11-4-2019 by L.L. No. 2-2019]
A.
Purpose and intent. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure. Furthermore, it is the intent of this section to:
(1)
Ensure the compatibility of home occupations with other uses.
(2)
Maintain and preserve the historic character and atmosphere of the Village.
(3)
Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard and other possible adverse effects of commercial uses.
B.
Permitted in certain districts.
(1)
Home occupations, not specifically prohibited by this chapter, may be permitted in certain zoning districts as listed in the Table of Use Regulations, under the established review requirements and in compliance with the standards and requirements set forth in this section.
(2)
Minor home occupations, as defined in this chapter and in compliance with the standards and requirements set forth in this section, are permitted.
(3)
Major home occupations, as defined in this chapter, may be permitted only after the issuance of site plan approval and shall be in compliance with the standards and requirements set forth in this section.
C.
Allowed home occupations. Except as provided in Subsection D below, home occupations include all occupations that meet the definitions, standards and requirements of this section. Subject to such compliance, home occupations include, but are not necessarily limited to, the following examples:
(1)
Production of homemade goods, foods, food products, and crafts including wood, ceramicists, fabric and metal items where products are sold over the internet or at an off-site location;
(2)
Studios for musicians, artists, photographers, upholsterers, seamstresses, tailors, and potters;
(3)
Offices for professionals in the fields of professional counseling, advertising, graphic arts design, publishing, real estate, insurance, accounting, law, architecture, engineering, surveying and land use planners;
(4)
Office facilities for salesman, sales representatives and manufacturer's representatives, when no retail or wholesale sales are made or transacted on the premises;
(5)
Musician or tutor;
(6)
Pet grooming;
(7)
Repair of small equipment such as clocks, radios, and electronic equipment;
(8)
Shop of beautician, barber, and hair stylist;
(9)
Massage;
(10)
Telephone answering service; and
(11)
Other uses consistent with the scope and intent of this section as initially determined by the Code Enforcement Officer and approved by the Planning Board in accordance with this chapter.
(12)
Retail sales of goods or crafts produced on site in compliance with this section.
D.
Prohibited home occupations.
(1)
Service, repair, or painting of any motor vehicle, including, but not limited to, automobiles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles;
(2)
Medical or dental clinics;
(3)
Equipment or machinery rental businesses;
(4)
Commercial stables, kennels and veterinary clinics;
(5)
Tow truck services;
(6)
Restaurants;
(7)
Sale, lease, trade, or other transfer of firearms or ammunition;
(8)
On-site sale or use of hazardous materials in excess of consumer quantities packaged for consumption by individual households for personal care or household use;
(9)
Nursing homes;
(10)
Funeral homes, mortuaries and embalming establishments;
(11)
Any use prohibited by the New York State Uniform Fire Prevention and Building Code;
(12)
Clubs, including fraternities and sororities.
E.
Standards and requirements. The following standards and requirements shall pertain to both minor and major home occupations unless otherwise indicated.
(1)
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the primary outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwellings and does not alter the character of the neighborhood. A home occupation may be conducted within a dwelling unit and/or within accessory structures.
(2)
Signs used in conjunction with a home occupation shall meet the requirements of Article XI, Sign Regulations.
(3)
Off-street parking. A minimum of one space is required per nonresident employee. No more than three additional spaces for customers, clients, or sales representatives visiting the property shall be permitted. Parking spaces shall first be accommodated on existing driveways prior to the construction of any new parking surface. If a new parking surface is necessary as part of the proposed home occupation, site plan approval shall be required.
(4)
Vehicles. No more than one motor vehicle used by the owner to conduct the home occupation shall be parked on the subject property. The on-site parking and storage of heavy commercial vehicles used in connection with the home occupation is prohibited.
(5)
Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in the neighborhood and no tractor-trailers or tandem trailers shall be permitted to park, pick up or drop off materials at the property or immediate area.
(6)
Conduct of business. The use shall be conducted wholly within the enclosed walls of the dwelling unit or accessory building. Doors and windows are permitted to be open during operations provided they are not required to prevent adverse impacts on surrounding properties from noise, light, odor and other byproducts associated with the home occupation.
(7)
All materials and equipment used for the home occupation must be stored wholly within the enclosed walls of the dwelling unit or accessory building, or fully screened by other means, including, but not limited to fencing, walls and vegetation, to not be visible from an adjacent public road and/or adjacent properties.
(8)
Outdoor storage. All unscreened storage of materials and equipment used to conduct the home occupation is prohibited, and no more than 200 square feet of an outdoor storage area may be used in conjunction with the home occupation.
(9)
Residential appearance. No external structural alterations, which are not customary to a residential building, shall be allowed.
(10)
Residential and neighborhood character. The home occupation and the conduct thereof shall not result in noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.
(11)
No more than one major home occupation may be conducted on a lot.
(12)
Disposal into sanitary, storm sewer, drainage way or ground. No home occupation shall discharge into any sewer, drainage way or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operations, or corrosive to sewer pipes and installations.
(13)
Adequacy of sanitary sewer and drinking water. All local, county and state regulations pertaining to sanitary sewer and drinking water associated with the home occupation shall be complied with and, for major home occupations subject to site plan review, evidence thereof provided to the Planning Board.
(14)
At no time, shall a deviation from required lot sizes, width, depth and yard setbacks be allowed without Zoning Board of Appeals approval pursuant to the requirements of this chapter.
(15)
Lighting. Any exterior lighting associated with the home occupation shall use fully shielded light fixtures to prevent glare.