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Hyde Park City Zoning Code

§ 108-20.4

Conditions and standards.

A. 
Conditions. Any regulated home occupation shall meet all of the following conditions:
(1) 
The portion of the dwelling unit or accessory structure that is used for the home occupation shall have a currently valid certificate of occupancy. If a certificate of occupancy cannot be obtained because of the age of the building, the property and the building must not have any violations of the applicable requirements on record.
(2) 
The person conducting the home occupation shall reside on the premises more than 60% of the year.
(3) 
The home occupation shall be conducted wholly within an area not more than 30% of the gross square feet of the residential structure, or 600 square feet, whichever is less.
[Amended 8-24-2009 by L.L. No. 2-2009]
(4) 
The home occupation shall employ no more than two persons who are not resident in the dwelling unit.
(5) 
The portion of the dwelling unit or accessory structure used for the home occupation shall comply with 19 NYCRR, and be certified by the Building Inspector and/or a licensed professional.
(6) 
The building construction classification and fire separations for the structure shall comply with the requirements of Chapter 57 of this Code for mixed use of residential and the applicable nonresidential use classification of such home occupation.
B. 
Standards. The Zoning Administrator shall apply the following standards to any application for a permit and the Building Inspector and the Zoning Administrator shall apply the following standards for a certificate of occupancy for a regulated home occupation:
(1) 
There shall be no exterior display, exterior storage of materials or other exterior evidence of any home occupation except for signs and off-street parking.
(2) 
The home occupation shall not produce any odor, noise, vibration, smoke, dust, heat, or glare that exceeds the average level in the immediate vicinity, and is detectable beyond the property line of such lot.
(3) 
The home occupation shall not use, store, produce or dispose of any hazardous material.
(4) 
The home occupation may sell or offer for sale only articles or products that are wholly produced, grown, created or assembled on the lot. Alternatively, the home occupation may also provide professional or repair services.
(5) 
The intensity of a regulated home occupation use shall be restricted to no more than 20 vehicle trips per week, or five per day, generated by customers, clients, delivery vehicles or sales representatives.
(6) 
Any regulated home occupation is subject to inspection by the Zoning Administrator and must pay an annual permit fee as established by the Town Board.