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SECTION 2 (Definitions) HOME OCCUPATION A vocation , trade , small business, craft, art or profession which can be conducted in its entirety within the main (principal) or accessory residential building of a property by a bona fide resident of that main building and which , by nature of its limited size and scope , does not cause any outward manifestation (such as traffic generation, parking congestion , noise or air pollution , outdoor materials storage , and public service or utility demand) which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. The following occupations are eJEGil:laea if GlieAtsare not considered home occupations if clients will be seen in the home , although other uses may be excluded on a case-by-case basis : any clinic, veterinary hospital , restaurant, retail or wholesale supply shop or store , A clinical,_medical /dental practice is allowed only when five (5) or fewer patients per day are seenaaGtar (MD , DO , DPM ar eql:li¥alent) , aentist (DDS , DMD ar eql:li>Jalent) , shirapraGtar , lawyer, real estate ar agent. (See § 350-10.12 for additional criteria .) Home Occupations are allowed by right when the following conditions are met {NOTE : previously only home office with no clients or employees were allowed by right without special permit. All items except 1 those highlighted are transferred from 10.12} 1. It must not occupy more than 40% of the gross combined floor area of the main residential building, and the accessory structure (if such accessory structure is utilized for said home occupation). 2. It must be clearly incidental and secondary to the use of the building or property for residential dwelling purposes. 3. It must be conducted by the principal practitioner who occupies the main building as his/her bona fide residence and members of the immediate family also residing in such building 4. No more than five vehicle round trips per day may be generated by the occupation (b'Yl tclients, employees, deliveries, etc) unless a home occupation special permit is received . 5. One sign of one square foot in area may be displayed advertising the home occupation, provided that {NOTE: previously only allowed with special perm .ltl; a. It is attached to the structure next to or on the entryway for said home occupation; and b. It is not illuminated. 6. No goods, except for those created in the home and those listed below, may be sold from the premises a. Internet, telephone or electronic transactions are allowed. b. Residents creating original products in the home may have open studio functions here items may be sold up to 2 times per year without triggering a special permi occupation. Original works may also be stored on premise. 7. No outdoor storage of materials or equipment for offsite use is allowed; 8. If said home occupation takes place in an accessory structure then said structure must conform to the setback requirements for accessory structures in that district 9. It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which would be detectable to normal sensory perception beyond the lot line.

Home Occupation Proposed Changes 03-02-2011

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Page 1: Home Occupation Proposed Changes 03-02-2011

SECTION 2 (Definitions)

HOME OCCUPATION A vocation , trade, small business, craft, art or profession which can be conducted in its entirety within the main (principal) or accessory residential building of a property by a bona fide resident of that main building and which , by nature of its limited size and scope, does not cause any outward manifestation (such as traffic generation, parking congestion , noise or air pollution, outdoor materials storage, and public service or utility demand) which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. The following occupations are eJEGil:laea if GlieAtsare not considered home occupations if clients will be seen in the home, although other uses may be excluded on a case-by-case basis: any clinic, veterinary hospital , restaurant, retail or wholesale supply shop or store, ~mortuary . A clinical,_medical/dental practice is allowed only when five (5) or fewer patients per day are seenaaGtar (MD, DO, DPM ar eql:li¥alent), aentist (DDS, DMD ar eql:li>Jalent) , shirapraGtar, lawyer, real estate ar ins~:~ranse agent. (See § 350-10.12 for additional criteria.)

Home Occupations are allowed by right when the following conditions are met {NOTE: previously only home office with no clients or employees were allowed by right without special permit. All items except 1those highlighted are transferred from 1 0.12}

1. It must not occupy more than 40% of the gross combined floor area of the main residential

building, and the accessory structure (if such accessory structure is utilized for said home

occupation).

2. It must be clearly incidental and secondary to the use of the building or property for

residential dwelling purposes.

3. It must be conducted by the principal pract itioner who occupies the main building as

his/her bona fide residence and members of the immediate family also residing in such

building

4. No more than five vehicle round trips per day may be generated by the occupation (b'Yl tclients, employees, deliveries, etc) unless a home occupation special permit is received .

5. One sign of one square foot in area may be displayed advertising the home occupation,

provided that {NOTE: previously only allowed with special perm.ltl;

a. It is attached to the structure next to or on the entryway for said home

occupation; and

b. It is not illuminated.

6. No goods, except for those created in the home and those listed below, may be sold from the premises

a. Internet, telephone or electronic transactions are allowed. b. Residents creating original products in the home may have open studio functions

here items may be sold up to 2 times per year without triggering a special permi ~home occupation . Original works may also be stored on premise.

7. No outdoor storage of materials or equipment for offsite use is allowed; 8. If said home occupation takes place in an accessory structure then said structure must

conform to the setback requirements for accessory structures in that district

9. It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical

interference which would be detectable to norma l sensory perception beyond the lot line.

Page 2: Home Occupation Proposed Changes 03-02-2011

10. The portion of any structure utilized for a home occupation shall conform to all applicable

Fire, Building, Electrical, Plumbing and Health Codes.

~OMf OI=I=ICf: 0cCl::IJ3atioAs takiAg 13lace iA the home that allow those ocCl::IJ3atioAs which req~::~ire work s13ace b1::1t do Rot iAvolve sales of goods stored OR the 13remises A or seeiAg more thaA oRe clieAt iA the home 13er day, aAd which do Rot im13act OR a Aeighborhood (s1::1ch as writersresearchers, a Ad home offices for coAsl::lltaAtswhogeAerally 13ractice their trade at the clieAt 's 13lace of b~::~siAessa home ocCl::IJ3atioA will be 13ermitted as of right if the aJ313IicaRt com131ieswith the followiAg coAditioAsiA additioA to criteria above(1) The home office/ocCl::IJ3atioA may be coAdl::lcted oAiy by boRa fide resideAts of the home; a Ad (3) No clieAts or c1::1stomers may be seeR iA the ho1::1se or accessory str~::~ct~::~res for bl::lsiAess J3l::lrJ3oses, €)(C€J3t for those b~::~siAess J3l::lrJ3oses that are clearly iAcideAtal to the b~::~siAess wheA AO services for fee or sales are beiAg coAdl::lcted dl::lriAg the visit, aAd theA AO more thaA oRe visit 13er day; a Ad (4) No sigAs are 13ermitted for the home office/ocCl::IJ3atioA; a Ad (5) No goods, €)(C€J3t for those listed below, may be sold from the 13remises Aor may there be aAy sale of goods stored OR 13remises, either retail or wholesale a Ad AO goods may be dis13layed OR 13remises.

a) . IAtemet, tele13hoRe or electroAic traAsactioAsmay be are allowed. (\Nalk iA sales 13rohibited.) Stored goods for s~::~ch traAsactioAs may com13rise 1::113 to 10% or 100 sq~::~are feet (whichever is less) of the area desigAated for the home office/occl::IJ3atioA; a Ad (6) ~lo o1::1tdoor storage of materials is allowed;

SECTION 10.12 (SPECIAL PERMIT SECTION)

All home occupations generating more than 5 vehicle round trips per day (as defined in § 350-2.1)

require afH:i-~special permits issued by the Zoning Board of Appeals for home ocCl::IJ3atioAs and shall

comply with the following:

A. It m~::~st be clearly iAcideAtal a Ad secoAdary to the 1::1se of the bl::lildiAg or J3FOJ3erty for resideAtial

dwelliAg J3l::lrJ3oses.AII provisions in section 2.1

8. It m1::1st be coAdl::lcted by the J3riAciJ3aiJ3ractitioAer who occ1::1J3ies the maiA b~::~ildiAg as his/her boRa

fide resideAce, with AO more thaA oRe other 13ersoR eAgaged iA the occl::IJ3atioA €)(C€J3t members of the

immediate family also residiAg iA s1::1ch b~::~ildiAg .

C. It m~::~st Rot ocCl::IJ3Y more thaA 40% of the gross comb iRed floor area of the maiA bl::lildiAg, a Ad the

accessory str~::~ct~::~re (if s~::~ch accessory str~::~ct~::~re is ~::~tilii!ed for said home ocCl::IJ3atioA).

D. ORe sigA may be dis13layed advertisiAg the home ocCl::IJ3atioA, J3FOVided that:

(1) It does Rot e*ceed oRe sq~::~are foot iA area; aAd

(2) It is attached to the strl::ICtl::lre Ae*t to or OR the eAtryway for said home ocCl::IJ3atioA; a Ad

(3) It is Rot ill~::~miAated.

Page 3: Home Occupation Proposed Changes 03-02-2011

E. Goods may only be offered for sale from the premises if the Zoning Board of Appeals expressly

permits it in the issued special permit.

F. All goods sold R'll:lst Be Ji3rod~:~ced or R'lan~:~fact~:~red on the Ji3reR'lises. ~owe•f'er, Internet, tele13hone or

electronic transactions of goods not R'lan~:~fact~:~red on the Ji3reR'lises R'lay Be allowed. Stored goods for

s~:~ch transactions R'lay cOR'lJ3rise 1:113 to 15% or 200 sq~:~are feet (whichever is less) of the area designated

for the hoR'le office/occ~:~Ji3ation thro~:~gh the SJ3ecial Ji3erR'lit 13rocess.

G. The hours of operation shall be expressly stated in the special permit issued by the Zoning Board of

Appeals.

H. The hours and frequency of deliveries, number of clients seen, number of employees on premise, -ef

products and/or materials on site shall be expressly stated in the special permit issued by the Zoning

Board of Appeals.

I. If said hoR'le occ~:~J3ation takes 13lace in an accessory str~:~ct~:~re:

(1} Constr~:~cted 13rior to the date of the ado13tion of this cha13ter, then said str~:~ct~:~re R'll:!St conf.orR'l to

the setBack req~:~ireR'lents f.or accessory str~:~ct~:~res in that district.

(2) Constr~:~cted after the date of the ado13tion of this cha13ter, then said str~:~ct~:~re R'll:!St conf.orR'l to the

setBacks req~:~ireR'lents f.or a J3rinciJ3al str~:~ct~:~re in that district.

J. It shall Ji3rod~:~ce no noise, oBnoMio~:~s odors, 'liBrations, glare, f~:~R'les or electrical interference which

wo~:~ld Be detectaBle to norR'lal sensory J3erceJ3tion Beyond the lot line.

K. The Ji30rtion of any str~:~ct~:~re ~:~tilized f.or a hoR'le occ~:~J3ation shall conforR'l to all aJ3Ji3licaBie Fire,

8~:~ilding, ~lectrical, PI~:~R'lBing and ~ealth Codes.

L. Prior to the COR'lR'lenceR'lent of any hoR'le occ~:~J3ation, a certificate of occ~:~J3ancy R'll:!St Be received

froR'l the 8~:~ilding CoR'lR'lissioner f.or any str~:~ct~:~re, or Ji30rtion thereat ~:~sed for said occ~:~J3ation.

M. All special permits for home occupation must be renewed once, immediately following the first year

of operation. Permit may be renewed in perpetuity upon application to the Building Commissioner if

nothing has changed in the project since its first special permit application ~

N. All special permits for home occupations are nontransferable and are specifically issued to a specific

applicant for a specific home occupation.

0. To allow those occ~:~J3ations (defined here as hoR'le office/occ~:~Ji3ation) which req~:~ire 'Nork s13ace B~:~t

do not invol·f'e sales of goods stored on the Ji3reR'lises nor seeing any clients in the hoR'le, and which do

not iR'lJ3act on a neighBorhood (s~:~ch as writers, researchers, and hoR'le offices for cons~:~ltants who

generally Ji3ractice their trade at the client's J3lace of Bl:!Siness), a hOR'l€ OCCI:IJ3ation will Be Ji3€rR'litted as

of right if the aJ313Iicant COR'lf3lies with the following conditions, in addition to criteria aBO'Ie:

Page 4: Home Occupation Proposed Changes 03-02-2011