§ 450-73. Procedure for review/application.

A. 

Home occupations that meet the conditions set forth in § 450-72 shall be allowed without a permit.

B. 

Home-based businesses shall be required to submit a site plan to the Planning Board for review and approval. Upon approval of the site plan, the Planning Board shall recommend issuance of a special permit to the Town Board. Site plans shall be in accordance with Article XII of the Newstead Code and shall include but not be limited to the following:

(1) 

Parcel property lines.

(2) 

All existing and proposed buildings and structures. Buildings and structures to be utilized for the home-based business shall be specifically identified.

(3) 

All existing and proposed driveways, access and parking areas including the construction type (i.e., asphalt, stone, etc.).

(4) 

Site drainage.

(5) 

Material storage areas.

(6) 

All fencing and landscaping to be used for screening, including type and construction.

(7) 

Any other site, building or appurtenance detail deemed necessary by the Planning Board.

C. 

The Town Board will hold a public hearing. All property owners within 1,000 feet of the proposed home-based-business property line shall be notified by mail. Once approved by the Town Board, the special permit shall be subject to annual renewal/review except as noted below:

(1) 

Any expansion or improvement of the property which is related to the home-based business shall require immediate review and renewal of the special use permit in accordance with § 450-72B, Home-based businesses, above.

(2) 

A change of ownership shall void the home-based-business special permit for the parcel. Changes of ownership which involve legal action or mergers within the same ownership or similar transfers which maintain the same permitted operator of the business are exempted from this requirement. This is intended to prohibit the sale of a residential property as a commercial enterprise based on the home-based business.

D. 

Sunset provision. Home-based businesses in existence prior to the enactment of this article shall be required within 24 months to obtain a special permit in accordance with this article. No fee will be charged for the initial issuance of the special permit to preexisting businesses.

E. 

Upon receipt of a complaint regarding this section, the Code Enforcement Officer shall investigate the complaint to determine its' validity and will attempt to obtain compliance from the home-based-business owner or mediate a compromise between the business owner and the complainant as necessary. If a complaint cannot be corrected or remediated or if the Code Enforcement Officer receives three valid complaints within any twelve-month period, the subject of the complaints shall be referred to the Town Board for review and appropriate action. The Town Board can be petitioned to reconsider any decision regarding home-based businesses. This petition must be based upon submittal of new information not available at the original decision. This petition for reconsideration must be received by the Town Board within 60 days of the date of original decision.

F. 

Cause for revocation of special permit to operate a home-based business.

(1) 

The Newstead Town Board, at its sole discretion, may revoke a previously approved special permit for cause as follows:

(a) 

No longer compatible with neighborhood due to development or changing nature of area.

(b) 

Excessive noise, odor, smoke, dust or other irritants produced by the operation.

(c) 

Excessive traffic volume or type of traffic.

(d) 

Failure to follow conditions of the approved site plan or special permit (i.e., operating hours, size of parcel, etc.)

(e) 

Any other cause as deemed appropriate by the Newstead Town Board.

(2) 

If the sole reason that the Town Board determines that there is cause for revocation of the special permit is due to changes in the neighborhood as set for in Subsection F(1)(a) above and not due to any actions of the special-permit holder, then the Town Board shall notify the holder of such special permit of its determination that the special permit will be revoked but that such revocation shall not take place for a period of five years after notice to the special-permit holder of its determination to allow the holder of the special permit the opportunity to amortize any investment that such special-permit holder may have in the property and to relocate the special-permit holder's business to another location where the operation of the special-permit holder's business is permitted.

G. 

Fees.

(1) 

Application fees. Every application for a special permit, under § 450-72 above, shall be accompanied by payment of an application fee as set by the Town Board from time to time, payable to the Town of Newstead. Those home-based businesses existing at the time of adoption of this article shall have the fee waived for the first application.