§ 190-121. Home occupations.

A. 

Home occupations are permitted on a temporary, one-year renewable basis. Applications therefor must be made to the Planning Board prior to any activity being undertaken. Any permit issued may be extended by the Planning Board if the home occupation has not been operated in violation of this chapter, or contrary to any additional restrictions imposed upon it at the time of the original approval. On the anniversary date that original approval was granted, or within 30 days thereof, the operator of the home occupation shall appear before the Planning Board for review of the business operation. At this time, the home occupation may be renewed or terminated, by a majority vote of the Board members present. If the operator of the home occupation fails to appear before the Board at the appointed time, or the Board takes no action, the home occupation is automatically terminated.

B. 

Permitted home occupations in any dwelling unit are non-transferable and may be operated only if they comply with all the following conditions:

(1) 

Where permitted. Home occupations are permitted within a single dwelling unit, or in a building or other structure accessory to a dwelling unit and only by the person or persons maintaining a dwelling therein.

(2) 

Evidence of use. The home occupation does not display or create outside the building any evidence of the home occupation.

(3) 

Extent of use. The home occupation does not utilize more than 20% of the gross floor area of the dwelling unit.

(4) 

Permitted uses. Permitted uses include only uses that are clearly incidental and secondary to the use of the dwelling unit for residential purposes. No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference.

(5) 

Parking. For home occupation use, parking shall conform in general to the Off-Street Parking Schedule (§ 190-111) for similar uses or as determined by the Planning Board.

(6) 

No application for a home occupation shall be submitted directly to the Planning Board, but it shall be submitted first to the Chief Building Inspector. Upon Planning Board approval, the applicant shall present his signed acceptance of the home occupation along with the fee of $100 to the Building Department. An annual fee thereafter of $50 on the anniversary date of the home occupation shall be paid.

[Added 12-5-1984; amended 3-20-1991]

(7) 

There is no change in the character of the neighborhood.

[Added 7-19-1989]

(8) 

There is not excessive noise or disturbance of the neighborhood.

[Added 7-19-1989]

(9) 

There is no appreciable change in traffic.

[Added 7-19-1989]

C. 

Other standards. The Planning Board is authorized and directed to adopt as part of its rules and regulations additional standards for the evaluation of home occupation applications. Such standards are to be supplementary only, at least as strict, and not in derogation of conditions or standards otherwise set forth in this chapter or any other adoption or enactment of the Common Council. The Planning Board may adopt supplementary standards which are similar to those contained in the applicable provisions of earlier ordinances.

D. 

Notification. The Planning Board shall cause one notice, setting forth the time, place and purpose of the hearing, the name of the applicant, nature of the application and description of the property involved, to be sent by regular mail by depositing same in a plain, sealed envelope addressed to the last known address of all owners of "affected property," defined as property located within an area bounded by lines drawn parallel to and a distance of 200 feet from the property lines of the applicant at least eight days before the hearing. The most recent assessment roll of the City of Lockport shall be used to determine the identity of the owners of such property.

E. 

Penalties. In the event that any home occupation is expanded or changed contrary to this chapter, or in violation of the rules or regulations imposed by the Planning Board, said home occupation will be automatically terminated. Violations may be subject to a fine or imprisonment, or both, as outlined in other sections of this chapter.

Amended 7-19-1989