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Home My WebLink AboutLL 01 of 2007 Home Occupations.doc TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED “ZONING,” OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, titled “Definitions,” is amended by deleting the definition of HOME OCCUPATION and replacing it with the following: “HOME OCCUPATION – A. A business conducted within a dwelling, or a building accessory thereto, by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto. B. Home occupations typically include, but are not limited to, architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers, financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers.” Section 2. Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled “Special Regulations,” is amended by adding Section 270-219.2 as follows: “§ 270-219.2 Limitations on home occupations. Home occupations shall meet all of the following requirements: A. An area of no more than 25% of the floor space of the dwelling (whether the home occupation is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) shall be used for the home occupation. B. No more than four persons (full- or part-time), including the household resident, shall be involved in on-site business operations. C. The owner and chief operating officer of the business must be a full-time resident of the property on which the business is conducted. D. No goods shall be offered for sale on the premises excepting those created, assembled, or reconditioned completely on the property. December 21, 2006 1 E. There shall be no exterior display or sign except as permitted by this chapter or Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business. G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood. I. The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors. J. All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building.” Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-14, titled “Permitted accessory buildings or uses,” is amended by deleting subparagraph B and replacing it with a new subparagraph B reading as follows: “B. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 4. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph I to the end of this section reading as follows: “I. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-30, titled “Accessory buildings and uses authorized by special approval only,” is amended by deleting the text of subparagraph C, which reads “C. Home occupation, other than farming or a farm related enterprise for which no special approval shall be required.” December 21, 2006 2 Section 6. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43, titled “Permitted accessory structures and uses,” is amended by adding a new subparagraph H to the end of this section reading as follows: “H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-44, titled “Accessory buildings and uses authorized by special approval only,” is amended by deleting the text of subparagraph B, which reads “B. Home occupation.”, and renumbering subparagraph C as subparagraph B. Section 8. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-56, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph J to the end of this section reading as follows: “J. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 9. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-57, titled “Accessory buildings and uses authorized by special approval only,” is amended by deleting the text of subparagraph C, which reads “C. Home occupation.” Section 10. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph H to the end of this section reading as follows: “H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 11. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-69, titled “Accessory buildings and uses authorized by special approval only,” is amended by (1) deleting the text of subparagraph B, which reads “B. Home occupation.”, (2) renumbering subparagraph C as subparagraph B, and (3) renumbering subparagraph D as subparagraph C. Section 12. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph G to the end of this section reading as follows: “G. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 13. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-80, titled “Accessory buildings and uses authorized by special December 21, 2006 3 approval only,” is amended by deleting the text of subparagraph B, which reads “B. Home occupation.” Section 14. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91, titled “Permitted accessory uses,” is amended by adding a new subparagraph H to the end of this section reading as follows: “H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 15. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-92, titled “Accessory buildings and uses authorized by special approval only,” is deleted in its entirety. Section 16. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270-101, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph H to the end of this section reading as follows: “H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 17. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270-103, titled “Accessory buildings and uses authorized by special approval only,” is deleted in its entirety. Section 18. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270-114, titled “Permitted accessory uses,” is amended by adding a new subparagraph F to the end of this section reading as follows: “F. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 19. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270-146, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph J to the end of this section reading as follows: “J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” Section 20. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270-160, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph J to the end of this section reading as follows: “J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2.” December 21, 2006 4 Section 21. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 22. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. December 21, 2006 5