Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay:

The Code of the Village of Huntington Bay is hereby amended to revise Chapter 91 to read as follows (with the new or revised language blacklined):

Chapter 91 - ZONING
ARTICLE I - Purpose and Definitions

Legislative Intent.

It is the intent to allow residents to engage in certain limited business activities on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of non-residential uses. The Village thus seeks to allow a variety of small-scale low impact business activities and professional pursuits as permitted accessory uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of the Village. It must be recognized that, while such pursuits are allowed under the conditions provided, the primary purpose is to preserve and maintain the residential atmosphere, appearance and character of the Village. It is the intent that home business activities 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, or the neighborhood. Under no circumstances should home business activities become so extensive that they predominate the residential use. It is the further intent to set forth general and specific performance standards and controls to limit home business activities. These standards and controls have as their purpose the minimization of adverse impacts home business activities might have on a neighborhood or district and to assure that it does not become the predominate use of the property.

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§ 91-2. Definitions and usage. [Amended 10-9-46; 7-29-74; 2-13-78 by L.L. No. 3-1978]

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B. Definitions of terms.

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B. Definitions of terms. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:

[Note: These new definitions are to be inserted into this section in alphabetical order.]

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HOME BUSINESS – A permitted business, professional, artistic or educational activity conducted within a single family dwelling on a lot by any of the residents of the dwelling unit on such lot, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which activity is clearly incidental and subordinate to the use of such dwelling unit for dwelling purposes and to the principal use of such lot for residential purposes, and which activity does not change the character thereof.

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ARTICLE III
District Regulations

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§ 91-8. Accessory Uses and Permitted Home Business Uses.

A. Accessory Uses. In any residential district, no building or premises shall be used for any other than the use specified for which a building may be erected and for the accessory uses customarily incident thereto. The term “accessory use” shall not include any building or use not located on the same lot as the building or use to which it is accessory. A private garage for more than seven motor vehicles shall not be deemed an accessory use. An accessory apartment shall be deemed an accessory use to the main dwelling on the same lot.

B. Permitted Home Business Uses.

(1) Permitted home business uses are limited to those satisfying the following requirements.

(a) regularly involves no persons or employees other than persons residing on the premises;

(b) is conducted entirely inside the primary dwelling, shows no visible evidence from the exterior of the dwelling of the conduct of the occupation, business or profession and is not advertised by a sign;

(c) involves an area no larger than twenty-five percent (25%) of the floor area of the primary dwelling up to a maximum of five hundred (500) square feet that may be occupied by the home business;

(d) generates no additional traffic nor the need for off-street parking beyond customary needs of the persons residing at the primary dwelling;

(e) is not involved in the keeping of a stock in trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock in trade or goods are kept or stored on the premises at any time for any length of time;

(f) is conducted in such a manner that the occupation, business or profession does not serve at any one time more than one client, patient, student, customer or business or professional associate on the premises. One client, patient, student, customer or business or professional associate shall be defined as one individual or husband and wife in cases where a husband and wife are served on the premises or brothers and sisters in cases where siblings are served on the premises.

(2) Prohibited home business uses include but are not limited to the following:

(a) home business uses that do not satisfy the requirements of §91-8(B)(1);

(b) home businesses involving on-site sale of goods or outdoor display or storage of any kind.

Severability.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Effective Date.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.