By Paul J. Condra
The new section of law provides more precise definitions of what constitutes a home office and a home business, outlines the specific requirements of setting up such an operation, and lays out the criteria for obtaining special use permits for home businesses.
Officials said the need for such an amendment had been in the air for years, as questions arose about some of the home business practices that had been observed by residents and building inspectors. Among concerns noted in the village were traffic to and from some home offices, and the growth of businesses particularly medical practices to the point where the home had become secondary to the business.
Most notably, was the story of Dr. George Blatti, who in 1989 pushed through plans to build a medical complex in a residentially-zoned area on Hempstead Avenue. The $1.6 million house was built, but ultimately didn't succeed. Blatti blames the failure on the negativity that followed after various neighbors tried to stop construction of the medical complex.
The new code, officials hope, will tighten up the loopholes that allowed the Blatti fiasco to happen by regulating what types of businesses are allowed to operate before the owner begins construction. For one thing, the amendment specifically describes a home business as only an accessory use to a dwelling. Entrepreneurs also must obtain a special use permit to go ahead with plans to open up shop.
There is also an interest among planners to preserve the sanctity of neighborhoods. As it is written in the law, businesses shall only be permitted under such conditions as will sufficiently mitigate such negative impacts and will adequately preserve the residential qualities of the subject dwelling and the surrounding neighborhood.
There was some confusion among residents who own businesses that were once legal, but are now in violation of village code. The village has decided to grandfather those businesses for as long as they exist in the same location.
The code underwent rigorous scrutiny by a few Lynbrook residents who said it made Lynbrook less desirable to people wishing to have a home office or business. But officials said their interest is in preserving the character of neighborhoods before businesses.
The board voted 3-0 in favor of the new bill. Trustee Thomas Miccio withdrew from the vote citing a conflict of interests as he is a home business owner, while Trustee Morrey Forman was not present for the vote. The following are the specifics:
A Home Office is defined as an accessory use to a dwelling which consists of a clerical, computer-related or other similar business activity operated within a dwelling solely by a resident of the dwelling, where no non-resident of the dwelling shall be employed and which generates no business related visits by non-residents of the dwelling.
Home offices must:
n Not exceed 500 square feet.
n Not involve non-resident employees or business-related visits by non-residents of the dwelling.
n Involve no evidence of such business outside of the dwelling including signage, storage of materials or equipment, or display of work products.
n Involve no external alterations or additions to the home for the purpose of accommodating the home office.
A Home Business is defined as an accessory use to a dwelling for a properly certified physician, psychologist, physical, occupational, or speech therapist, chiropractor, licensed social worker, dentist, lawyer, engineer, architect, accountant, teacher or other similar professional person, operated solely by a resident of the dwelling and which may have up to one non-resident employee unless it involves medical care where the Village Board finds that two such employees are necessary. A home business requires a special use permit that is only granted if the Village board finds that:
n The Home Business will not occupy more than 500 square feet in the dwelling.
n Access for the Home Business shall be exclusively from a County or State road.
n The dwelling's lot has one off-street parking space for the resident business operator and one for each employee. The required parking plan must be consistent with the residential character of the neighborhood in terms of size, design and screening. Additionally, the business shall not result in the parking of more than three visitor vehicles at one time on the property or in the street.
n The exterior of the dwelling shall not be modified in any manner to accommodate the Home Business or in a manner that is inconsistent with the residential character of the neighborhood.
n The business signage is limited to a name plate with dimensions of no more than 18 inches x 9 inches. The appearance of such sign shall be consistent with a residential character.
n There shall be no display of the business work or product outside of the building and there shall be no outside storage of materials of equipment associated with the business. Outside storage is intended to mean storage outside of the permitted 500 square foot business space within the dwelling, or within a garage or within a shed, or any shed-like structure.
n The proposed business shall not create a hazard to health, safety, morals or the general welfare.
