West Seneca City Zoning Code
ARTICLE IIIC
Home Occupation Regulations
§ 120-40.17 Intent.
The purpose of these provisions is to allow for home occupations which are compatible with the neighborhoods in which they are allowed.
§ 120-40.18 Conditions.
The Town Board may, upon application and a public hearing thereon, permit a home occupation in any R District (with the exception of R-90, R-75 and R-65 Districts), subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met. Home occupations shall be limited to one per single-family dwelling.
A.
The occupation will be conducted entirely within a dwelling or existing accessory structure.
B.
The occupation is clearly incidental and secondary to the principal use of the dwelling.
C.
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
D.
No more than one person other than members of the immediate family residing on the premises may be employed.
E.
Not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation.
F.
No stock-in-trade is kept or commodities sold, other than incidental supplies necessary for and consumed in the conduct of such home occupation.
G.
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
H.
No mechanical equipment is used except such as may be used for domestic or household purposes (or as deemed similar to power and type).
I.
Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling.
J.
The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
K.
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 such home occupation shall be met off the street and other than in required front yard.
L.
The home occupation shall not involve the use of advertising signs. Only one nonilluminated nameplate not to exceed two by two (2 x 2) feet shall be allowed. It may display the name of the occupant and/or the name of the home occupation.
§ 120-40.19 Procedure.
A.
Application. Application for a home occupation permit shall be made by the resident to the Town Board on a form provided by the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
B.
Planning Board review. All applications for a home occupation permit shall be reviewed by the Town Planning Board, which shall report its findings to the Town Board.
C.
Town Board review and public hearing. After considering the Planning Board's recommendations and after a duly scheduled public hearing, the Town Board may issue a home occupation permit. Notices of the public hearing shall be mailed by the Town Clerk to adjacent property owners.
D.
Permit renewal.
[Amended 10-21-2024 by L.L. No. 14-2024]
(1)
The time limit for the home occupation permit shall be one year.
(2)
Requests for annual renewal shall be submitted in writing to the Code Enforcement Office, accompanied by a fee as set by the Town Board.
(3)
The request shall be reviewed and an inspection made of the property by the Building Inspector to verify compliance with all prior approvals and all current code provisions.
E.
Voiding of permit.
(1)
The Town Board may void any home occupation permit for noncompliance with the conditions set forth in approving the permit.
(2)
Failure of the applicant to renew the permit shall result in automatic termination of the home occupation. For renewal, the applicant must pay an initial application fee and reapply for another permit.