Spencerport City Zoning Code
ARTICLE VII
Home Occupations
§ 340-44 Intent.
It is the intent of this article to allow a variety of business pursuits as permitted uses in residential districts while recognizing the substantial goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. It must be recognized that while business pursuits are allowed under the conditions provided for in this article, its primary purpose is to preserve and maintain the residential atmosphere, appearance and character of the residential districts. It is the intent that the business always be second, subordinate and incidental to the principal residential use and that it will not harm other residential users of the property or premises. Under no circumstances should a business use become so extensive that it predominates the residential use. It is the further intent of this article to set forth general and specific performance standards and controls to limit home occupations. These standards and controls have as their purpose the minimization of adverse impacts a home occupation might have on a neighborhood or district and to assure that it does not become the predominant use of the property.
§ 340-45 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An occupation, business or profession which is carried on wholly within a dwelling unit or in a building or other structure accessory to a dwelling unit.
Any home occupation which is not a minor home occupation.
Any home occupation which:
Involves no persons other than persons residing on the premises.
Shows no visible evidence of the conduct of the occupation from the exterior of the dwelling unit.
Generates no additional traffic nor the need for off-street parking beyond the customary needs of the occupants of the dwelling unit.
Involves neither customers, clients nor suppliers having the need to be on the premises.
Uses no equipment which would not customarily be used by the occupants of a dwelling unit.
Is not advertised as being located at the premises.
Is conducted entirely inside of the principal dwelling unit or other structure on the premises.
§ 340-46 Registration and permit requirements.
A.
No person shall commence a minor home occupation without first registering the same with the Code Enforcement Officer of the Village of Spencerport.
B.
No person shall commence a major home occupation without first obtaining a home occupation permit from the Zoning Board of Appeals. The applicant for a home occupation permit shall meet the following standards and conditions:
(1)
The property is in full compliance with the provisions of Chapter 340 of the Code of the Village of Spencerport.
(2)
The home occupation proposed is incidental, secondary and/or subordinate to the use of the dwelling unit for residential purposes.
(3)
No other major home occupation is conducted on the premises.
(4)
It is carried on by a person residing in the dwelling unit as his or her principal residence.
(5)
It has no more than one employee, whether full-time or part-time and whether paid or unpaid, who is not a resident residing on the premises.
(6)
The floor area devoted or used for a home occupation shall be not more than 25% of the total area of the structures on the subject property or 500 square feet, whichever is less.
(7)
There shall be no exterior display or storage of goods, materials, equipment or inventory.
(8)
Except for one permitted identification or advertising sign not exceeding one square foot in area and not more than five feet above grade or ground level, there shall be no identification of the home occupation or advertising sign.
(9)
Adequate off-street parking shall be provided; however, any additional off-street parking in excess of normal residential uses shall not give the property a nonresidential appearance.
§ 340-47 Major home occupation application.
Major home occupations shall be allowed in one- or two-family homes in the A Districts (residential) only. No major home occupations are allowed in dwellings with more than two living units. The application for a home occupation permit for a major home occupation shall be made on a form obtained from the Code Enforcement Officer, shall be signed by the applicant and shall contain the following:
A.
Applicant information, including name, address, tax account number and zoning district.
B.
A complete plan, drawn to scale, showing the location of all buildings or structures on the premises, proposed parking and the area where the proposed home occupation will be carried out.
C.
An environmental assessment form.
D.
A fee in the amount established by resolution of the Village Board.
§ 340-48 Minor home occupation application and registration.
A.
The application for registration of a minor home occupation shall be made on a form obtained from the Code Enforcement Officer, shall be signed by the applicant and shall contain the following:
B.
There will be no fee for the registration of a minor home occupation.
C.
In reviewing the application and/or inspecting the premises, should the Code Enforcement Officer, in his or her judgment, determine that the minor home occupation applied for is not a minor home occupation as defined herein, the Code Enforcement Officer shall refuse to accept the registration as a minor home occupation and refer the applicant to the Zoning Board of Appeals for a home occupation permit or variance as may be appropriate.
§ 340-49 Term of permit, revocation; renewal; termination.
A.
Permits for major home occupations shall be issued as temporary, renewable permits which shall expire two years from date of approval by the Zoning Board of Appeals. One month prior to the expiration of the permit, the Code Enforcement Officer shall review his/her files and report any concerns to the Zoning Board of Appeals. Should the Zoning Board of Appeals be satisfied that the property is still in compliance, the permit will be renewed for a term of no less than two years and no more than five years without the need for a public hearing. Should the Zoning Board of Appeals, in its absolute discretion, determine that further public review is needed, the applicant shall be required to apply for renewal as if the application were being made for the first time.
B.
Minor home occupations will be reviewed by the Code Enforcement Officer at least every three years to ensure that the home occupation is still a minor home occupation.
C.
Termination. Unless renewed, a home occupation permit or registration for a home occupation will terminate upon the happening of one or more of the following:
(1)
Sale or transfer of the property.
(2)
Someone other than the permit holder operating the home occupation.
(3)
Discontinuance of the home occupation for more than six months.
(4)
Failure of the owner to comply with any valid condition of the permit or any lawful order of the Code Enforcement Officer.
(5)
The Zoning Board of Appeals, after a public hearing with notice to the owner, determines that the continued use of the home occupation violates the intent of this article.
§ 340-50 Preexisting home occupations.
A.
Preexisting major and minor home occupations may continue in accordance with § 340-31, provided that within six months of the effective date of this article, the owner shall request that the Code Enforcement Officer issue a certificate of legal preexisting nonconformance.
B.
This certificate shall specifically state the nature and extent of the preexisting home occupation and how the nonconforming use differs from this article.
C.
Failure to obtain this permit within six months of the effective date of this article shall be presumptive evidence that the property was in conformance on the date of the enactment of this article and therefore is not qualified to take advantage of the special rules for preexisting nonconforming uses.
§ 340-51 Hearings.
Whenever a hearing is required herein, the Zoning Board of Appeals shall be governed by the provisions of § 7-725-b of the Village Law of the State of New York.