Upper Brookville City Zoning Code
ARTICLE III
Use Regulations
§ 205-8 Residence R1 and Suburban Estate OP1 Districts.
A.
Principal uses. In Residence R1 and Suburban Estate OP/1 Districts, no land, lot, building or structure shall be used and no building or structure shall be erected or altered to be used or maintained for any purpose other than one of the following:
[Amended 9-19-2000 by L.L. No. 1-2000; 9-16-2008 by L.L. No. 2-2008]
(2)
Special uses only after written application to and approval by the Village Board of Trustees of a special use permit or certificate, subject to such conditions as said Board may impose, and the issuance of a zoning or building permit as follows:
(a)
Diplomatic facility of a foreign nation or mission in existence as of July 21, 1994, including any change in the use, land area, alteration or construction of any structure and required removal of structures upon cessation of such use.
(b)
Public water supply facilities, including pumping station, buildings and structures pertaining thereto.
(c)
Other essential public utility facilities and structures.
(3)
Conditional uses only after written application to and approval from the Board of Appeals of a conditional use certificate, subject to such conditions as said Board may impose, and the issuance of a zoning or building permit as follows:
B.
Accessory uses. Any of the following accessory uses, buildings or structures, as defined in § 205-7, and subject to the provisions of § 205-15, provided that they are incidental to the principal use located on the land or lot:
(1)
Customary accessory uses, buildings and structures. (See the definition of "accessory building" in § 205-7.)
§ 205-9 Additional regulations.
In addition to the provisions of § 205-11:
A.
An accessory home occupation shall not include the display of goods or advertising visible from any street. In connection with such occupation there shall be kept no stock-in-trade nor commodity sold upon the premises, no paid assistant shall be employed and no electrical or mechanical equipment shall be used other than ordinary household equipment. The space used for a home occupation shall occupy not more than 500 square feet of floor area of the dwelling unit, and no such occupation shall be carried on in any accessory building.
B.
An accessory office or studio shall not occupy more space than the equivalent of 500 square feet of the area of one floor of the dwelling in which such office or studio is used; there shall be no display or advertising on the premises in connection with such use except a professional nameplate; no assistants, whether paid or not, shall participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant; and any such musician's or sculptor's studio shall be equipped and used in such manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places.
D.
No accessory dwelling shall hereafter be erected, created or enlarged and no existing structure shall hereafter be converted into an accessory dwelling.
E.
Only one accessory dwelling legally existing prior to January 3, 1961, per lot may be rented or occupied by persons other than bona fide domestic employees, provided that the Village Attorney certifies that official Building Department records confirm, or the Board of Appeals after a public hearing finds, that said accessory dwelling was legally in existence prior to January 3, 1961, and the Village Attorney or the Board of Appeals authorizes the Building Inspector to issue a certificate of occupancy so as to permit the rental or occupancy by nonemployees of the accessory dwelling.
F.
No accessory dwelling shall be moved or enlarged unless it is converted into a principal single-family dwelling on a separate lot which complies with the provisions of this chapter.
G.
Guest houses legally existing prior to December 31, 1996, shall not be rented and shall be occupied only by persons regularly employed on the premises by the family occupying the main dwelling and/or for temporary use by guests of the occupants of the premises.