At a board meeting on Monday, February 2nd the Alden Town Board held a public hearing regarding amending article X, of Chapter 20 of the Alden Town Code Home Occupations. Many residents turned out to share their opinions of the changes. The Changes are below.
Home Occupations (final)
The Code of the Town of Alden
Purpose-to allow for Home Occupations which are compatible with the neighborhoods in which they are allowed.
Home Occupation-an accessory use of a dwelling or existing accessory structure for gainful employment involving the manufacture, provision, or sale of goods and/or services.
The Town Board may, as provided for below, upon application and a public hearing thereon, permit a Home Occupation in any R District subject to the applicant’s ability to provide reasonable evidence that all of the following conditions are met. Home Occupations shall be limited to one per property.
- The Home Occupation will be conducted entirely within a dwelling or existing accessory structure.
- The Home Occupation is clearly incidental and secondary to the principal use of the dwelling or existing structure. Any retail sales conducted as part of the Home Occupation must be clearly incidental and secondary to the Home Occupation being conducted.
- The establishment and conduct of a Home Occupation shall not change the principal character or use of the dwelling or of the existing structure involved.
- No more than one person other than members of the immediate family residing in the dwelling may be employed in the Home Occupation.
- When a Home Occupation is conducted in a dwelling, not more that 25% of one floor of the dwelling may be devoted to such Home Occupation. When the Home Occupation is conducted in an existing accessory structure, not more than 800 square feet of the existing accessory structure may be devoted to such Home Occupation.
- No storage or display 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.
- No mechanical equipment is used in the Home Occupation except such as may be used for domestic or household purposes (or as deemed similar to power and type).
- The Home Occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential neighborhood.
- Traffic generated by such Home Occupation shall not be in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by conduct of a Home Occupation shall be met off the street and in the dwelling’s driveway.
- Only 1 non-illuminated sign not to exceed four square feet shall be allowed upon prior approval of the Building Inspector/Code Enforcement Officer.
- The Home Occupation shall not have hours of operation that are disturbing to residential neighbors.
- Any Home Occupation using hazardous or flammable materials shall register those with the local Fire Department and be subject to an annual inspection by a Fire Inspector.
- The Home Occupation Permit applicant must live on the premises of the Home Occupation, and the application must be made by the property owner or be a renter with written approval form the property owner.
- Application for a Home Occupation Permit shall be made by the applicant to the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
- All applicants for a Home Occupation shall be reviewed by the Town Planning Board, which shall report its findings to the Town Board.
- After considering the Planning Board’s recommendations and after a duly scheduled public hearing, the Town Board may direct, by Town Board motion, the Town Clerk to issue a Home Occupation Permit pursuant to section 137 of the New York State Town Law and the Town Board may impose conditions on said permit. Notice of the public hearing shall be mailed by the Town Clerk to the adjacent property owners, postmarked no less than 10 days prior to the date of the public hearing.
- The time period for a Home Occupation is one year.
- Applications for renewal of a Home Occupation Permit shall be submitted in writing on a form provided by the Town Building Department to the Town Building Department, accompanied by a fee as set by the Town Board.
- The renewal applications shall be reviewed and an inspection of the premises by the Building Inspector/Code Enforcement Officer to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Building Inspector/Code Enforcement Officer shall report his/her findings to the Town Board which, upon a determination of compliance, may direct, by Town Board motion, the Town Clerk to renew the Home Occupation Permit for 1 year, pursuant to section 137 of the New York State Town Law. The Building Inspector/Code Enforcement Officer’s report will be attached to the application given to the Town Board for its review of the renewal application.
Voiding of Permit
The Town Board may void any Home Occupation Permit for noncompliance with the conditions set forth in approving the Permit or for noncompliance with the provisions of this law.
Failure of applicant to renew his/her Home Occupation Permit within 30 days of a Permit’s expiration shall result in automatic termination of the Home Occupation Permit. For renewal, the applicant must pay initial application fee and reapply for a new Home Occupation Permit, under Sections 20-65 A, B, and C above.
This Law shall be effective on March 1, 2015 for all new Home Occupation Permit Applications.
This Law shall be effective on March 1, 2015 for all existing Home Occupation Permits; provided that existing Home Occupation Permits (those with a valid Home Occupation Permit issued prior to March 1, 2015) shall have until the later of March 1, 2016 or their 2016 Home Occupation Permit Renewal date to come into compliance with Section 20-64 herein.
The Law was not adopted on Monday night.