9 CRR-NY 573.8NY-CRR
9 CRR-NY 573.8
9 CRR-NY 573.8
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) in 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 criteria of "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;
(7) at least one off-street parking space is provided on premises for each room for rent.
(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.
9 CRR-NY 573.8
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.