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Home occupations are an accessory use which is clearly subordinate to the use of a premises as a dwelling. Home occupations may include offices of professionals such as attorneys, physicians, engineers/architects, insurance agents, realtors, or may include the production of small craft items. No home occupation may, however, include a use in which customers frequently enter the premises at more than one customer at a time to receive goods or services provided. Further, home occupations must meet the following requirements:
(A) No use shall be conducted in a Residential District which employs the services of persons not residing on the premises.
(B) The space devoted to the home occupation shall not exceed 25% of the total floor area of the residence, nor shall it occupy more than 25% of a private garage or similar accessory building.
(C) There shall be no external evidence of the home occupation except for a single non-illuminated sign affixed to the residence or accessory building in accordance with § 155.2310.
(D) No goods produced off the premises may be brought to the property and sold on the premises.
(E) No external alterations, construction, or reconstruction of the premises may be made to accommodate the home occupation.
(F) No goods produced shall be displayed outside any building.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
Home operated child care with an average daily attendance of six children or less are allowed in any residential district. No zoning permit is required for this type of child care. Home operated child care with between 7 and 12 children in average daily attendance may also be allowed in a residential district as either a permitted or conditional use. The petitioner shall be required to obtain a zoning permit by proving that he or she has complied with all applicable state laws and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care centers.
(A) Child care centers with more than 12 children in attendance. Child care centers with an average daily attendance of more than 12 children are subject to the following regulations:
(1) The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
(B) Review of child care centers. Review of a child care center shall include, but is not limited to:
(1) Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
(4) Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
(5) Compliance with all laws, ordinances, and regulations pertaining thereto.
In order to operate a child care center, the petitioner must apply for a child care center permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector, who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the Planning and Zoning Commission for reconsideration of issuance of the permit.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
NONCONFORMING USES OF LAND OR NONCONFORMING BUILDINGS
(A) The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this chapter, supplement, or amendment may continue although such use does not conform with the provisions of this chapter or any supplement or amendment made after the enactment of this chapter. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, provided that any structural improvements to the building do not exceed 50% of the fair market value of the structure. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
(B) In the event that a nonconforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two years or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this chapter.
(C) Without prior approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
(D) When a nonconforming building or structure has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than 75% of its fair market value, it shall not be restored or reconstructed except in conformity with regulations of the zoning district in which the building or structure is located.
(E) When a nonconforming use qualifies for reconstruction through damage (less than 75% of its fair market value), a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage revokes the right to the nonconforming use and the premises shall conform thereafter to the established district regulations.
(F) A use in violation of the provisions of the Zoning Ordinance which this chapter amends or of a zoning ordinance covering an area of a city or township subsequently annexed to the city shall not be validated by the adoption of this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
If any structure was built prior to the adoption of this chapter and is considered to have nonconforming setbacks, additions to, or enlargements of an existing structure which presently encroach upon required side or rear yards may be permitted if the proposed addition or enlargement follows the existing structure setbacks and the addition or enlargement will not exceed any other lot lines.
(Ord. 37-02, passed 7-10-02)
(A) In a district in which single- family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Variances of requirements other than lot area or lot width shall be obtained only through action of the Planning and Zoning Commission.
(B) If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
OFF-STREET PARKING AND LOADING REQUIREMENTS
Except for the CBD Central Business District, no building or structure shall, after the effective date hereof, be erected, structurally altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this subchapter
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
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