Newstead City Zoning Code
ARTICLE X
Home Occupations, Home-Based Businesses and Day-Care Operations
§ 450-71 Intent.
The purpose of this article is to regulate home occupations and home-based businesses which are compatible with the neighborhoods in which they are located as well as regulating the Town of Newstead involvement in the operation of day-care businesses.
§ 450-72 Conditions for approval.
A.
Home occupations. The Town of Newstead shall allow home occupations in any district, provided that such home occupations are limited to residential units and meet all of the following conditions. Failure to meet these conditions shall cause the occupation to be classified as either a non-allowed use or a home-based business and shall require compliance as indicated in the Town of Newstead law:
(1)
The occupation must be conducted entirely within a residential dwelling.
(2)
The occupation must be clearly incidental and secondary to the principal use of the dwelling.
(3)
The establishment and conduct of a home occupation must not change the principal character or use of the dwelling unit involved.
(4)
No more than three persons other than members of the immediate family residing on the premises may be employed.
(5)
Not more than 25% of the floor area of one story of the dwelling may be devoted to such home occupation.
(6)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation may be visible from the public right-of-way or adjacent properties.
(7)
No mechanical equipment may be used except such as may be used for domestic or household purposes (or as deemed similar to power and type).
(8)
Such occupation must not require internal or external alteration or invoke construction features not customarily found in a residential dwelling.
(9)
The use must not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
(10)
No traffic must 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 such off-street parking shall not exceed the normal and expected amount of residential parking .
(11)
Any sign utilized in connection with a home occupation must comply with the requirements of the Code of the Town of Newstead.
B.
Home-based businesses.
(1)
Home occupations which are not fully contained within a dwelling or home-based businesses wherein equipment or materials are stored on site or accessory structures which are built or occupied for the use of a home-based business require a special permit in accordance with Article XI, Special Permits.
(2)
Home-based businesses are allowed only within the RA Zoning District. They are not allowed within the R-1, R-2 or R-3 Zoning Districts.
(3)
In addition to any conditions which may be imposed on a special permit, the following items are required for approval of a home-based business special permit:
(a)
Upon review of applications for a home-based business, the Planning Board and Town Board shall give consideration to appropriate setbacks and parcel sizes based on the type of home-based business proposed. Also any outdoor storage of materials or equipment must be permanently screened from view of neighboring properties and the public right-of-way.
(b)
Outside activity related to the home-based business will be limited to hours between 7:00 a.m. and 9:00 p.m.
(c)
Noise created by the home-based business should be minimal and kept as short term as possible to minimize disturbance to neighboring properties, i.e., back-up signals on commercial vehicles shall be of the "white noise" style instead of the standard beep or horn sound. Vibration-producing equipment, such as jack hammers, mechanical tampers and other vibratory-type machinery is not allowed in the conduct of a home-based business where such vibrations can be felt beyond the boundaries of the parcel where the business is located.
(d)
The production of dust or particulates, smoke or odor in connection with a home-based business is not allowed beyond that which would be normally associated with a residential use. No home-based business is allowed to produce any airborne toxic matter.
(e)
The storage, utilization or manufacture of materials or products which decompose by detonation shall not be allowed in connection with a home-based business. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, hydrides, hydrazine and its derivatives; nitrate and ammonium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; and unstable oxidizing agents such as perchloric acid, perchlorates, organic perozides and hydrogen peroxide in concentrations greater than 35%.
(f)
The storage and utilization of flammable liquids, gases or solids shall be in accordance with the New York State Uniform Fire Prevention and Building Codes and shall require annual fire inspection.
(g)
Any type of lighting, glare or reflection from a home-based business shall be situated in a manner as to not create direct or indirect illumination of adjacent parcels.
(h)
Business operations will be limited to not more than 25% of the lot size of the home or one acre, whichever is smaller. Applications requiring an operations area in larger than one acre shall not be in excess of 10% of the parcel size. Areas larger than one acre shall be limited to the transient or seasonal storage of materials that are consistent with the R-A Zone for which they are located (i.e., natural material, topsoil, wood / logs, etc.).
(i)
No more than four persons other than members of the family residing on the premises shall be employed at the premises or be allowed to report to the site of the home-based business on a daily basis.
(j)
Parking shall not be allowed for more than four employees other than the members of the family residing at the premises. All parking in excess of what would normally be associated with a residential use, including all parking for employees other than family members residing at the premises, shall be screened from view in accordance with Subsection B(3)(a) above.[1]
[1]
Editor’s Note: Former Subsection B(4), regarding agricultural home-based businesses, added 6-13-2011 by L.L. No. 3-2011, which immediately followed this subsection, was repealed 12-29-2015 by L.L. No. 7-2015.
C.
Day-care operations:
(1)
Whereas home-based day-care operations are regulated and permitted through the New York State Social Services Laws, the Town of Newstead will not further regulate the operation of home-based day-care operations and will place no permitted use restrictions on home-based day-care operations. However this will not exempt home-based day-care operations from complying with all other zoning and building codes which would apply to a residential property were it not used as a day-care operation, such as signs, setback, etc.
(2)
Day-care operations which are not conducted within a residential home are subject to all Zoning Regulations of the Town of Newstead which include but are not limited to parking, etc.
§ 450-73 Procedure for review/application.
A.
Home occupations that meet the conditions set forth in § 450-72 shall be allowed without a permit.
B.
Home-based businesses shall be required to submit a site plan to the Planning Board for review and approval. Upon approval of the site plan, the Planning Board shall recommend issuance of a special permit to the Town Board. Site plans shall be in accordance with Article XII of the Newstead Code and shall include but not be limited to the following:
(1)
Parcel property lines.
(2)
All existing and proposed buildings and structures. Buildings and structures to be utilized for the home-based business shall be specifically identified.
(3)
All existing and proposed driveways, access and parking areas including the construction type (i.e., asphalt, stone, etc.).
(4)
Site drainage.
(5)
Material storage areas.
(6)
All fencing and landscaping to be used for screening, including type and construction.
(7)
Any other site, building or appurtenance detail deemed necessary by the Planning Board.
C.
The Town Board will hold a public hearing. All property owners within 1,000 feet of the proposed home-based-business property line shall be notified by mail. Once approved by the Town Board, the special permit shall be subject to annual renewal/review except as noted below:
(1)
Any expansion or improvement of the property which is related to the home-based business shall require immediate review and renewal of the special use permit in accordance with § 450-72B, Home-based businesses, above.
(2)
A change of ownership shall void the home-based-business special permit for the parcel. Changes of ownership which involve legal action or mergers within the same ownership or similar transfers which maintain the same permitted operator of the business are exempted from this requirement. This is intended to prohibit the sale of a residential property as a commercial enterprise based on the home-based business.
D.
Sunset provision. Home-based businesses in existence prior to the enactment of this article shall be required within 24 months to obtain a special permit in accordance with this article. No fee will be charged for the initial issuance of the special permit to preexisting businesses.
E.
Upon receipt of a complaint regarding this section, the Code Enforcement Officer shall investigate the complaint to determine its' validity and will attempt to obtain compliance from the home-based-business owner or mediate a compromise between the business owner and the complainant as necessary. If a complaint cannot be corrected or remediated or if the Code Enforcement Officer receives three valid complaints within any twelve-month period, the subject of the complaints shall be referred to the Town Board for review and appropriate action. The Town Board can be petitioned to reconsider any decision regarding home-based businesses. This petition must be based upon submittal of new information not available at the original decision. This petition for reconsideration must be received by the Town Board within 60 days of the date of original decision.
F.
Cause for revocation of special permit to operate a home-based business.
(1)
The Newstead Town Board, at its sole discretion, may revoke a previously approved special permit for cause as follows:
(a)
No longer compatible with neighborhood due to development or changing nature of area.
(b)
Excessive noise, odor, smoke, dust or other irritants produced by the operation.
(c)
Excessive traffic volume or type of traffic.
(d)
Failure to follow conditions of the approved site plan or special permit (i.e., operating hours, size of parcel, etc.)
(e)
Any other cause as deemed appropriate by the Newstead Town Board.
(2)
If the sole reason that the Town Board determines that there is cause for revocation of the special permit is due to changes in the neighborhood as set for in Subsection F(1)(a) above and not due to any actions of the special-permit holder, then the Town Board shall notify the holder of such special permit of its determination that the special permit will be revoked but that such revocation shall not take place for a period of five years after notice to the special-permit holder of its determination to allow the holder of the special permit the opportunity to amortize any investment that such special-permit holder may have in the property and to relocate the special-permit holder's business to another location where the operation of the special-permit holder's business is permitted.
G.
Fees.
(1)
Application fees. Every application for a special permit, under § 450-72 above, shall be accompanied by payment of an application fee as set by the Town Board from time to time, payable to the Town of Newstead. Those home-based businesses existing at the time of adoption of this article shall have the fee waived for the first application.