1Accessory Use Regulations
Accessory uses are uses that are on the same lot as the principle use and are subordinate, incidental to and customarily found in connection with the principal use. Accessory uses can be left undefined beyond “customary incidental and subordinate,” or permitted and prohibited uses can be listed or allowed by special permit.
To provide some flexibility in use of property.
The flexibility provided here can be abused to over-expand the intensity of use or establish an inappropriate use. It may be difficult to enforce accessory use regulations against educational or religious institutions.
Provides flexibility of use of the property and can help create complete mixed-use neighborhoods. By enabling mixed-use, can reduce traffic related to commuting.
2Home Occupation Regulations
Business that is performed out of the residence. In the case of home occupations, special regulations related to floor area, parking, numbers of employees, carrying or selling merchandise can be used to further limit intensity and impacts.
To enable and regulate what has historically been permitted and is within the bundle of rights that comes with home ownership.
As with accessory uses, language must be specific or regulations will be difficult to enforce (see Accessory Use).
Provides flexibility of use of the property and can help create complete mixed use neighborhoods. By enabling mixed-use, can reduce congestion related to commuting.
3Special Permit Uses
Reviewing board can attach conditions. Referral to County or regional planning agency can be required. SEQRA can be in play. Area variance can be part of review.
To allow enough flexibility to achieve diversity of uses while ensuring compatibility.
Where authority to grant special permit is given to the board, specific standards are required. Where legislative body retains authority, legislature must be careful to not act capriciously. Conditions must be based in zoning.
Provides flexibility. Can be linked to concessions.
4Accessory Housing Ordinanaces
A second residential unit within and subordinate to an existing single family home. Designed to be complete; usually has separate access. Usually managed through a special permit process. Approval can be based on a wide variety of criteria: eligibility of applicants or occupants, size, location or design of unit, duration of permit or saturation within a given area, or parking, water/sewage, or additional health and safety provisions. Conditions designed to lessen impacts (traffic, parking, aesthetics) generally upheld.
To provide a source of revenue for homeowners while providing additional housing opportunities for members of the community, especially those with limited incomes.
Political challenge to create support for neighborhood intensification.
- Technical studies required to support the plan.
- On-going oversight may be required to insure enforcement.
Can create a diversity of housing stock to meet a wide variety of community needs over time, and contribute to making complete neighborhoods.
NY State Basic Tools and Techniques resource link.