Zoning Amendment

Home Occupation: An occupation or business activity that results in a product or service for financial gain and is conducted in whole or part in a dwelling unit or its accessory building(s) and is clearly an incidental use and subordinate to the residential use of the dwelling unit and its lot.

Amendment #2.

Replace text (page 3) with the following:

Article 2: District Regulations

Section 200.00 R-1 One Family Residence District,

C. Special Permit Uses

3. Home Occupation

Amendment #3.

Replace the current section (page 13) with the following:

Article 3: Supplementary Regulations

Section 302.00 Uses Requiring Special Permits

Paragraph D. Home Occupation

1. Purpose -- The provisions of this section are intended to accommodate limited home occupational uses that are beneficial to the general community as well as home residents. However, the priority concern is that Home Occupations be compatible with the peace and quiet of the Village of Alfred and that such uses be subordinate to the right of surrounding residents to enjoy the use of their property for residential purposes.

2. Permits Required

Home Occupations shall be of two types: Minor and Major.

A Minor Home Occupation may be conducted without a permit or specific approval, subject to the standards set forth herein.

A Major Home Occupation may be conducted only after approval of an application for a Special Use Permit. The Planning Board may grant a Special Use Permit for a Major Home Occupation if it is determined that:

Such application conforms to the standards and provisions for Major Home Occupations as set forth in this Section; and
Such application is evaluated by the Planning Board and presented in a public hearing according to procedures set forth in Article 6: Site Development Plan Review; and
Such Home Occupation will not cause a significant adverse impact on the residential character of the premises or neighborhood.
Special Use Permits for Major Home Occupations shall be valid for a twenty-four (24) month period from the date of issuance and shall be renewed bi-annually subject to a thirty (30)-day grace period.
The Special Use Permit shall expire when the Home Occupation changes or the property is sold.
Special Use Permits for Major Home Occupations may be renewed only following an on-site inspection by the Code Enforcement Officer, who shall determine that all conditions of the original Special Use Permit are being adhered to. Any proposed changes in the operation of the Home Occupation shall require application for a new Special Use Permit.

3. Violations -- If the Code Enforcement Officer determines that the operation of a Minor or Major Home Occupation is in violation of any provision of this Section or of the Special Use Permit, the Special Use Permit for such activity shall be suspended or revoked and the Home Occupation shall cease upon such ruling.

4. General Standards for Home Occupation -- The following regulations shall apply to all Home Occupations and shall be considered by the Planning Board in its determination whether to issue a Special Use Permit:

New construction or exterior modification of a dwelling unit for the accommodation of a Home Occupation shall be permitted in strict accordance with the intent of this law.

One or more existing accessory structures may be used for a Home Occupation provided that the use does not change the residential character of the area.

New construction or exterior modification of existing accessory buildings for the accommodation of a Home Occupation shall be permitted in strict accordance with the intent of this law.

There shall be no outdoor storage or display of stock-in-trade, materials or equipment used in a Home Occupation.

No activity shall be allowed that interferes with data, audio or visual transmission or reception or that causes fluctuations in line voltage outside the dwelling unit or accessory building.

No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced by the Home Occupation.

In the event that the Home Occupation involves music or dance instruction, such use shall be permitted only in a detached, one-family dwelling or an accessory building.

The sale of produce and consumer goods shall be prohibited except for the sale of products or goods produced or fabricated on the premises as a result of the Home Occupation. However, incidental sales to clients, or mail or telephone sales to off-site customers, may be made in connection with a Home Occupation. Retail establishments, such as stores with an inventory of goods regularly offered for sale, are not to be considered Home Occupations.

The presence of clients on the premises shall be restricted to the hours of 8 A.M. through 9 P.M.

For purposes of the Home Occupation law, all members of the same family shall be considered one client.

The applicant must show that the Home Occupation will not change the character of the neighborhood in which it is located.

5. Standards for Minor Home Occupations -- The following regulations shall apply to all Minor Home Occupations:

A Minor Home Occupation may be conducted within a dwelling unit, one or more accessory buildings, or a combination of these structures.

A Minor Home Occupation shall be conducted entirely within completely enclosed buildings.

More than one Home Occupation may be permitted per dwelling unit. However, every Home Occupation conducted within a single dwelling unit must conform to the standards set forth in this Section, and the combined impacts of multiple Home Occupations conducted at the same time on the same premises must be within the standards described herein.

Only persons residing on the premises shall be employed in a Minor Home Occupation.

A Minor Home Occupation shall be incidental to the use of the dwelling unit and its lot for residential purposes.

An accessory building used for a Minor Home Occupation may be dedicated in its entirety to this use.

There shall be no advertising, display, signs or other indications of a Minor Home Occupation on the premises.

A Minor Home Occupation shall not generate the need for additional parking.

6. Permitted Minor Home Occupations – Permitted Minor Home Occupations include, but are not limited to, the following:

Private office for professional and other consulting services such as: an accountant; architect, interior designer, landscape architect, draftsman or landscaper; broker or financial planner; computer programmer or word processor; engineer; graphic designer; land surveyor; lawyer; therapist or other health care professionals; insurance agent: clergy member: traveling salesperson or manufacturer’s representative. All meetings with clients shall be by appointment only, and only one client shall be on the premises at any given time
Workshop or studio for an artist, artisan, photographer, writer, composer, dressmaker or tailor.
Instruction or tutoring to no more than one (1) pupil at a time.
Small appliance, television and computer repair.
Contracting tradespersons such as a carpenter, electrician or plumber.
Childcare of up to three (3) children, in addition to the immediate family members, provided that all county, state and federal requirements are satisfied.
A beauty parlor or barbershop with no more than one (1) chair.
Other similar uses as classified by the Zoning Board of appeals pursuant to paragraph 11 of this Home Occupation Law.

7. Prohibited Minor Home Occupations

All uses prohibited as Major Home Occupations.
Medical or dental offices.
Other similar uses as classified by the Zoning Board of Appeals pursuant to paragraph 11 of this Home Occupation Law.

8. Standards for Major Home Occupations -- The following regulations shall apply to all Major Home Occupations:

A Major Home Occupation may be conducted within a dwelling unit, one or more accessory buildings, or a combination of these structures.

A Major Home Occupation shall be conducted entirely within completely enclosed buildings.

Only one Major Home Occupation may be permitted per lot.

No more than one (1) worker, in addition to the inhabitants of the lot, shall be on the premises at one time to conduct the Major Home Occupation.

A Major Home Occupation shall be incidental to the use of the dwelling unit and its lot for residential purposes.

An accessory building used for a Major Home Occupation may be dedicated in its entirety to this use.

No more than one third (1/3) of the floor area of the dwelling unit shall be devoted to a Major Home Occupation. This floor area requirement refers only to heated and habitable rooms within the dwelling unit.

There shall be no outside evidence of the Home Occupation, except that one (1) unanimated, non-illuminated, freestanding, suspended or window sign having an area of not more than two (2) square feet shall be permitted on the street front of the lot on which the building is located. A Sign Permit is required.

In neighborhoods without designated on-street parking, off-street parking shall be provided to accommodate any non-resident employee of a Home Occupation. If the Home Occupation has visiting clients or customers, two off-street parking spaces in addition to those existing for residents are required. Parking of clients, customers, employees or delivery vehicles in connection with a Home Occupation shall produce no negative impacts upon the surrounding neighborhood.

Instruction or tutoring to not more than five (5) pupils at any one time.

Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.

9. Permitted Major Home Occupations – Permitted Major Home Occupations include, but are not limited to, the following:

Any use allowed as a Minor Home Occupation.
Medical or dental office.
Real estate office.
A beauty parlor or barbershop with no more than two (2) chairs.
Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.

10. Prohibited Major Home Occupations

Antique, furniture or gift shops.
Kennels or animal hospitals.
Funeral homes or mortuaries.
Restaurants, bars and taverns.
Tow truck service or storage of towed vehicles.
Heavy construction contracting involving the parking of earth-moving and special purpose vehicles on the premises.
Ambulance service.
Welding shop.
Small engine repair.
Sale, servicing, painting, repair, rebuilding, reconditioning or storage of automotive vehicles, automotive parts, trailers, motorcycles, snowmobiles, or boats, including upholstery, detailing, and washing services.
The storage or sale of gasoline, oil or other fuel.
Storage in dwellings, accessory buildings or mobile storage units.
Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.

11. Classification of Unlisted Uses -- Where an actual or proposed Home Occupation use is not listed in this law, the Code Enforcement Officer shall request a determination of the classification of such an unlisted use. Requests for such a determination shall be made in writing to the Planning Board, which shall determine whether the proposed use is allowable as a Home Occupation and whether such allowable use is major or minor in nature.