Home occupation.

[Added 6-17-1993; amended 10-21-2010 by L.L. No. 10-2010]It is the intent of this article to allow a variety of business pursuits as permitted special uses in residential districts while recognizing the substantial governmental 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 residential districts. It is the intent that the business be always 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 uses. 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.A. Permit requirements.(1) No permit shall be required for a minor home occupation.(2) No person shall commence a major home occupation without first obtaining a special use permit from the Zoning Board of Appeals in accordance with § 350-103.

The applicant for a major home occupation special permit shall meet the following standards and conditions:(a) The property is in full compliance with the provisions of Webster Town Code Chapter 350.(b) It is incidental, secondary and/or subordinate to the use of the dwelling unit for residential purposes.(c) No other major home occupation is conducted on the premises.(d) It is carried on by a person residing in the dwelling unit as principal residence.(e) 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.(f) The floor area devoted or used for a home occupation shall be not more than 25% of the ground area of the principal structure, excluding any accessory building or structure, or 500 square feet, whichever is less.(g) There shall be no exterior display or storage of goods, materials, equipment or inventory.(h) Except for one permitted identification or advertising sign not exceeding two square feet in area and not more than five feet above grade or ground level, which otherwise is in full compliance with the provision of Webster Town Code Chapter 265, there shall be no identification of the home occupation or advertising sign.(i) It generates no additional need for additional off-street parking.(j) It uses no equipment which would not customarily be used by the occupants of a dwelling unit.(k) The Fire Marshall and Building Inspector certify that the structures and proposed use comply with the New York State Uniform Fire Prevention and Building Code as applicable to the Town of Webster (Code of the Town of Webster Chapter 165).B.

Application.(1) Each application for a major home occupation permit shall be:(a) On a form provided by the Building and Zoning Office (approved by the Town Board).(b) Accompanied by a complete plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation will be carried out, and;(2) An application fee in the amount established by resolution of the Webster Town Board.C. Revocation of major home occupation permit. A major home occupation permit shall be deemed revoked upon the occurrence of any of the following events:(1) A subsequent permit is issued.(2) There is a substantial change in the nature of the occupation, business or profession carried out on the premises.(3) The home occupation is not commenced within six months of the issuance of a permit.(4) The home occupation ceases or is discontinued for a period of three months for any reason.(5) The person carrying on the home occupation no longer resides on the premises.D.

Inspections. The Fire Marshall and/or the Building Inspector of the Town of Webster shall conduct periodic inspection of all premises for which a major home occupation permit has been issued for compliance with the New York State Uniform Fire Prevention and Building Code, Code of the Town of Webster Chapter 165 and this article. Such inspections shall be made at any reasonable time. An inspection shall be performed at any other time upon:(1) The request of the owner or authorized agent;(2) The receipt of a written statement specifying the grounds upon which the subscriber believes a violation of the New York State Uniform Fire Prevention and Building Code, Code of the Town of Webster Chapter 165 and this article to exist; or(3) The receipt of other reasonable and reliable information that such a violation exists.