Newstead mulls new zoning laws
Newstead is grappling with the regulation of home-based businesses and day-care operations and is contemplating amendment of the town zoning laws to address the issue.
The Town Board, when it meets in a work session tonight, will likely discuss comments made at a public hearing Oct. 26 on the proposal, which has been in the works for about two years. Adoption of the law might come at the board’s regular meeting on Nov. 9.
The intent of the proposed amendment is to make such businesses compatible with the neighborhoods in which they are located. They are allowed only in areas zoned RA, or residential/ agricultural. They are not allowed in strictly residential zones or in commercial zones.
Under the proposal, no more than three persons, other than immediate family members residing in the dwelling, could be employed. No more than 25 percent of the floor area of a one-story dwelling can be used for the home occupation.
No storage or display of materials, goods, supplies or equipment related to the occupation can be visible from the public right of way or adjacent properties. Additionally the home business cannot generate noise or odors nor traffic in greater volume than would be normally expected in a residential neighborhood.
Home-based businesses that are not fully contained within a dwelling unit or with equipment and materials stored on site or requiring accessory structures require a special permit. These are allowed only in RA zones. A number of regulations are set by the special permit, including screening of outdoor storage from neighboring properties and public right of way, and limiting outside activity related to the business to the hours of 7 a. m. to 9 p. m.
Noise must be minimal, including the use of “white noise” backup signals on commercial vehicles.
A home-based business cannot produce dust, smoke or odors beyond that normally associated with a residential use. And no airborne toxic matter is allowed. Storage, use or manufacture of explosive materials is either not allowed or is limited to some materials in low concentration. Storage and use of flammable liquids, gases or solids must meet state code and require annual fire inspections.
Such businesses cannot employ more than four persons who are not members of the immediate family residing in the dwelling. Parking is not allowed for more than four employees and must be screened from public view.
Day-care operations within a private home are regulated by the state, but must also comply with local zoning and building codes, such as regulations regarding signage and setbacks from neighboring property.
Home-based businesses must submit a site plan to the Planning Board for review and approval. The Town Board makes the final decision on whether a special permit is issued.
Existing home-based businesses would be required to obtain a special permit within two years of enactment of the amendment. Pre-existing businesses will not have to pay a fee for the permit.
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