N.Y. Comp. Codes R. & Regs. tit. 9 § 573.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 573.8 - Accessory uses to residential structures

(a) Professional, commercial or artisan activities associated with residential or accessory structures on the same premises shall be considered accessory uses if they:

(1) involve the employment at one time of not more than two persons not residing on the premises;

(2) will involve the use of not more than two signs, nonilluminated and larger in the aggregate than five square feet in size;

(3) do not change the residential character of the principal land use or development; and

(4) otherwise meet the definition of accessory use.

(b) A bed and breakfast shall be considered an accessory use and not a tourist accommodation if the following criteria are met:

(1) the guest rooms are located within a structure that has been used as a single family dwelling for a period of five years or more prior to conversion to a bed and breakfast;

(2) the single family dwelling is the owner's primary residence and at least one bedroom is reserved for the owner's exclusive personal use;

(3) no meals (except breakfast) are served to paying guests and no meals are served to the general public;

(4) m a structure containing more than three existing bedrooms, no more than 50 percent of the bedrooms and no more than five bedrooms total are available for paying lodgers;

(5) the use also meets all the criteriaof "accessory use" as defined in subdivision 4 of section 802 of the Adirondack Park Agency Act, except that no accessory structure or guest cottage shall be used as a bed and breakfast;

(6) the wastewater treatment system complies with all applicable New York State Department of Health and local standards ; and

(7) at least one off-street parking space is provided on premises for each room for rent. Section 574.4 is proposed to be modified as follows:

(c) One waste disposal area of less than 25 cubic yards shall be considered accessory to a residential use, provided that:

(1) the area is used solely for the disposal of trees, stumps, yard waste, soil, rock, concrete, brick, untreated wood, wood ash, animal manure, or organic kitchen and vegetable wastes;

(2) the waste is generated on site solely by residential activities;

(3) the area is not within 100 feet of wetlands, surface water or any critical environmental area;

(4) the waste is not commingled with or contaminated by other solid wastes, hazardous wastes, petroleum products, or other household garbage; and

(5) the area is not part of any other jurisdictional project.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 573.8