Accessory buildings, structures and uses may include, but are not limited to, the following:

(1)

Home occupations.

(2)

Renting of rooms.

(3)

Horses and household pets.

(4)

Fences, hedges and walls.

(5)

Private greenhouses.

(6)

Private swimming pools.

(7)

Storage and merchandise in commercial districts.

(8)

Fallout shelters.

(9)

Detached garages.

(10)

Tennis courts.

(11)

Storage sheds for residential areas.

(Ord. No. 83-116, Art. XVIII, 1983; Ord. No. 2000-02, Art. XVIII, 2000; Ord. No. 2014-04, § 1, 1-13-2015)

A home occupation shall be permitted as an accessory use, provided that a home occupation permit is granted by the Town and the criteria for home occupations are met.

(1)

Permit required. A person desiring to establish a home occupation within the Town shall apply as follows:

(a)

An application shall for home occupation shall be made to the Town Administrator, or its designee, in the form provided by the Town and accompanied by the appropriate fee as set by Resolution of the Board of Trustees.

(b)

Upon the receipt of a completed application for a home occupation permit, the Town Administrator, or its designee, shall notify the applicant within ten (10) days that such application is complete.

(c)

Thereafter the Town Administrator, or its designee, shall notify the applicant and set a date of public hearing before the Town Board of Trustees that will allow time for publication and notification of adjoining property holders.

(d)

Upon the setting of a public hearing before the Board of Trustees the Town Clerk shall notify the property owners within two hundred (200) feet of the applicant's property by regular mail at the applicant's expense. The notification will include the nature of the application, a copy of this Article and the time and place of a public hearing.

(2)

Revoke the permit. A home occupation permit may be revoked by the Town Administrator if at any time the home occupation fails to meet the criteria listed below.

(3)

Nontransferability. Home occupation permits are issued to an individual for a specific property and use. Permits are not transferable should the property be sold or rented to other persons.

(4)

Criteria for home occupations. A home occupation shall be allowed as a permitted accessory use, provided that the following conditions are met:

(a)

The use must be conducted entirely within a dwelling or accessory structure and carried on by the occupants of the dwelling and no more than one (1) non-occupant employee.

(b)

The use must be clearly incidental and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof.

(c)

The total area used for such purposes may not exceed twenty-five percent (25%) of the first-floor area of the user's dwelling unit.

(d)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation, including advertising signs or displays or advertising that solicits or directs persons to the address. A wall-mounted identification sign of not more than two (2) square feet shall be permitted.

(e)

There shall not be conducted on the premises the business of selling inventory, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupation.

(f)

There must be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(g)

No equipment or process shall be used in such home occupation, which creates any glare, fumes, odors or other objectionable conditions detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling unit if conducted in other than a single-family dwelling.

(h)

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 the home occupation shall be met with additional off-street parking spaces that are not located in a required yard adjacent to a street.

(i)

Under no circumstances shall any of the following be considered a home occupation: Antique shop, barber shop, a beauty parlor (with more than one [1] chair), clinic, mortuary, nursing home, restaurant, veterinarian's clinic or dance studio.

(Ord. No. 83-116, Art. XVIII, 1983; Ord. No. 2000-02, Art. XVIII, 2000; Ord. No. 2014-04, § 1, 1-13-2015; Ord. No. 2019-06, § 2, 8-13-2019)

(a)

Single-unit dwellings. The renting of rooms to one (1) or two (2) persons, not members of the family residing in the same single-unit dwelling, may be permitted as an accessory use, provided that the following conditions are met:

(1)

The total number of unrelated persons, including roomers in any one (1) dwelling unit, must not exceed three (3).

(2)

Quarters used by the roomers must not be more than twenty-five percent (25%) of the total floor area of the dwelling unit.

(3)

The dwelling unit must have only one (1) electric meter.

(4)

Where the renting of rooms is to two (2) roomers, at least one (1) additional off-street parking space must be provided per room.

(b)

Multi-unit dwellings. The renting of rooms to one (1) or two (2) persons, not members of the family residing in the same multi-unit dwelling, may be permitted as an accessory use, provided that the total number of unrelated persons, including roomers, in any dwelling unit must not exceed three (3). Where the renting of rooms is to two (2) roomers, at least one (1) additional off-street parking space must be provided per room.

(c)

In addition to normal residential off-street parking requirements, one (1) additional off-street parking space shall be provided on site for each lodging room. Ingress and egress shall meet requirements of the IBC and ADA. Separate bath and sanitary facilities from those of the host must be provided for each two (2) guest rooms.

(d)

In residential districts, landscaping and screening shall be provided to maintain the residential character of the building and preserve the right of neighboring residents to enjoy a peaceful occupancy of their homes.

(Ord. No. 83-116, Art. XVIII, 1983; Ord. No. 2000-02, Art. XVIII, 2000; Ord. No. 2014-04, § 1, 1-13-2015)

Editor's note— Ord. No. 2017-11, § 2, adopted October 10, 2017, repealed § 16-11-40, which pertained to fences, hedges and walls. See Code Comparative Table for complete derivation. Subsequently, § 3 of such ordinance added § 18-9-10.

Editor's note— Ord. No. 2017-11, § 2, adopted October 10, 2017, repealed § 16-11-50, which pertained to swimming pools, hot tubs, and Jacuzzis. See Code Comparative Table for complete derivation. Subsequently, § 3 of such ordinance added § 18-9-20.

(a)

All detached accessory buildings shall be located in the rear one-half (½) of the lot.

(b)

On an interior lot, the minimum setback from the rear lot line shall be ten (10) feet and from the side yard line shall be six (6) feet if there is no alley or five (5) feet from an existing alley easement line.

(c)

On double-frontage lots, the minimum setback from the rear property line shall be the same as the front yard setback for principal uses within that district.

(d)

On corner lots, the accessory building shall not be located closer to the street-side property than the required six (6) feet for the principal use.

(e)

Accessory buildings shall not exceed fifteen (15) feet in height.

(f)

The floor area of accessory uses shall be included in the determination of the maximum lot coverage.

(Ord. No. 83-116, Art. XVIII, 1983; Ord. No. 2000-02, Art. XVIII, 2000; Ord. No. 2014-04, § 1, 1-13-2015)