Homer Village City Zoning Code
ARTICLE VII
Additional Regulations
§ 228-33 Floodable areas. [1]
§ 228-34 Storage and dumping.
On any lot or plot, no storage of junk shall be permitted in front, side or rear yards.
Fill material is absolutely prohibited in all districts within the Village except for the purpose of filling to established grades, for which, if not part of development requiring the Planning Board to conduct site plan review, a special permit must be obtained from the Board of Appeals.
§ 228-35 Private swimming pools.
Private swimming pools may be installed only as accessory to a dwelling or dwellings for the private use of the owners or occupants of such dwelling and their guests or as accessory to a nursery school or day camp for children under the following conditions:
Shall be surrounded by a fence that meets NYSFP and BC requirements.
Such pool shall not be erected closer than eight feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 25 feet to any street line along an abutting street.
Such pool shall not occupy more than 40% of the area of the rear yard, excluding all garage or other accessory structures located in such area.
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
If the water for such pool is supplied from the public water supply system, the inlet shall have a backflow preventions device approved by the county health department.
Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the State Sanitary Code relating to public swimming pools.
Unless proposed as part of a development plan requiring review by the Village Planning Board, permission to install a swimming pool shall be obtained by a building permit issued by the Code Enforcement Officer. No permission shall be granted for the installation of an in-ground private swimming pool unless it is constructed in accordance with plans detailing the design and construction of such pool.
§ 228-36 Antennas.
This section is intended to establish procedures to send or receive radio or other electromagnetic signals.
Applicability. This section is applicable throughout the Village of Homer and supersedes any conflicting provisions of this chapter insofar as antennas are concerned. However, holders of federal amateur radio licenses, not including citizens band operators, are exempt from all provisions of this section except Subsection D(4).
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any permanent device, regardless of size, weight, height or shape, including masts, dishes, beam antennas, whip antennas and any other device the purpose of which is to receive or transmit radio, television or other electromagnetic signals, and associated guy wires, supports, conductors and insulators.
Antennas permitted. Antennas are permitted in any zone within the Village but are subject to Subsection D.
Specific regulations.
Only one dish-type antenna is permitted per principal building.
No manner of illumination of or on the antenna or its supporting tower is permitted unless required by the Federal Communications Commission.
All antennas must be of single, flat (i.e., nonreflective) color.
No antennas are permitted in the front yard of a parcel.
Height restriction.
Building-mounted dish-type antennas may not extend more than three feet above the roofline of that portion of the roof on which they are mounted.
Other types of antennas shall be as low as possible, balancing proper signal reception or transmission propagation with visibility of the antenna by passersby and neighbors and the general effect of the presence of the antenna upon the surrounding property, but in no event greater than 35 feet.
§ 228-37 Animal harboring.
Animal harboring for either private or commercial purposes, except those of a doctor of veterinary medicine, are not permitted.
§ 228-38 Bed-and-breakfast establishments.
Bed-and-breakfast establishments are permitted in all owner-occupied dwellings in any zone. They are specifically prohibited in any mixed-use dwelling.
Specific requirements shall be as follows:
No more than four of the bedrooms in the dwelling shall be used as guest rooms.
The number of occupants permitted shall be determined by the NYSUFP and BC.
One off-street parking space for each guest room is required. These spaces may not supplant those already required for the primary residence. Parking between the front line of the house and the curb or street line is not permitted.
An annual permit must be obtained from the Code Enforcement Officer following an inspection of the premises. Cost for the annual permit will be set by the Board of Trustees.
One stationary sign, not self-illuminated and not exceeding two square feet in area, is permitted and will announce only the name of the business.
§ 228-39 Mobile homes and mobile home parks.
§ 228-40 Home occupations.
Any home occupation shall be conducted by a member of the immediate family owning and residing on the premises may use parts of a dwelling for a home occupation, provided that the following conditions are met and a permit is issued by the Code Enforcement Officer:
There can be no external evidence of such an operation except a small announcement sign not more than two square feet in area.
Not more than 30% of the gross floor area of the dwelling unit shall be so used. Such an occupation may not be carried on in any accessory structure on the property.
The occupation must be clearly incidental to the use of the property as a residence.
The use of the dwelling must not change the character of the dwelling or show any exterior evidence of such use except the announcement sign noted in Subsection A above.
Parking is not permitted between the house and the street line except in an approved driveway.
There shall be no exterior storage of materials.
Any home occupation which may create objectionable noise, fumes, odors, dust, electrical interference shall be prohibited.
No articles shall be sold or offered for sale or rent, except such as may be produced on the premises.