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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 9. Executive Department |
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Subtitle Q. Adirondack Park Agency |
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Chapter II. Regulation of Land Use and Development and Subdivision of Land |
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Part 573. Jurisdiction of Projects Pursuant to the Adirondack Park Agency Act |
Sec. 573.8. Accessory uses to residential structures
Latest version.
- (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.