A Building Permit is required for the use of a professional office in a single or multi family residence, including a site plan showing required parking and landscaping, a floor plan detailing the layout of professional office and a copy of the professional's New York State license
General Information
PROFESSIONAL OFFICE -- An office for a person who practices an occupation in which some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interests or welfare in the practice of an art founded on such knowledge. The word "professional" implies attainments in knowledge, as distinguished from mere skill, and the application of such knowledge to serve others. A professional license issued by the State of New York or validated membership in a national professional organization may be considered sufficient, but not necessary, to establish the status of a professional person. (§ 285-5 Definitions)
REQUIRED PARKING - §285-38 Professional office in a residence three (3) per office or two (2) for each professional maintaining office hours for consultation, whichever is greater, in addition to that required for the residential use (two (2) per dwelling unit)
REQUIRED LANDSCAPING - § - 285-38H(2) - Landscape strips with a minimum width of five feet shall be provided between any additional parking spaces required by this chapter for home occupations and professional offices in residence and all property lines of such uses except as required in § 285-40A(4) of this chapter. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:
(a) Said landscape strips shall include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity of the lot from the neighboring uses.
(b) Unless specifically required elsewhere in this chapter, a wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required landscape strips.
(c) Where the existing topography and/or existing landscaping provides adequate screening, the Planning Board may waive or modify the planting and/or landscape requirements of this chapter.
Regulations for Professional Office in a Single-Family
§285-36D. Professional offices in single-family detached residences, where permitted, shall comply with the following:
(1) Said office shall be conducted by a professional residing on the premises. Not more than two nonresident assistants shall be employed by any such professional resident.
(2) Said office shall be incidental and subordinate to the residential use of the building and shall not occupy more than 50% of the area of the ground floor of the principal building. No office shall be conducted in an accessory building.
(3) In no manner shall the appearance of the building be altered or shall the office within the residence be conducted in a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, sizes or the emission of sounds, noises or vibrations.
(4) The professional office shall not increase the vehicular traffic flow by more than one additional vehicle at a time and shall not involve the use or outdoor storage of commercial vehicles for delivery of materials to and from the premises.
(5) No professional office shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance to any greater extent or more frequent extent than that usually experienced in the district under circumstances wherein no professional office were to exist.
Regulations for Professional Office in a Multi-Family Residence
§285-36E. Professional offices in multifamily dwellings, where permitted, shall comply with the following:
(1) Professional offices in multifamily dwellings shall be limited to the ground floor. For purposes of this subsection only, the words "ground floor" shall mean the first floor of residential use.
(2) In no manner shall the exterior appearance of the residential unit or the common areas of the building be altered, nor shall the office within the residence be conducted in such a manner that would cause the premises to differ from the residential character of the building or the appearance of other residential units in the building.
(3) No professional office in a multifamily building shall exceed in size the largest unit used for residential purposes.
(4) No professional office shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance in excess of that usually experienced in the district under circumstances wherein no professional office were to exist.
(5) All professional offices must register with the Building Department and obtain a permit from the Building Inspector. All existing offices as of the date of this Subsection E shall have one calendar year to register and obtain said permit.
(6) Professional offices in multifamily buildings established prior to the effective date of this subsection shall not be held to regulations more restrictive than those in effect at which time said offices were constructed, except that said offices shall be required to comply with the registration provisions with the Building Department per Subsection E(5) above.