Any person engaged in a home occupation at the time of passage of this chapter shall have a period of sixty (60) days from said date to apply for a home occupation permit subject to the following:
(A) The applicant must provide adequate proof that he or she has been engaged in a home occupation prior to the date this chapter was passed.
(B) The applicant must clearly state the home occupation and premises involved.
(C) In the event an applicant is unable to comply with any or all of the provisions of section 10-15.1-5 of this chapter, then such applicant shall in his or her application clearly set forth which provisions he or she cannot comply with and the reasons therefor.
The planning and zoning commission, determining whether or not to recommend the waiver of any or all of the provisions of section 10-15.1-5 of this chapter, shall use the following criteria:
1. The hardship upon the applicant if a waiver is not granted.
2. The history of the applicant's business and whether it has had any detrimental effect on the residential character of the neighborhood.
3. Whether the granting of the waiver will have a detrimental effect upon the residential character of the neighborhood.
(D) Any applicant who obtains a home occupation permit under these provisions and who subsequently conducts same in violation of any of the terms and conditions of this chapter or in violation of any waivers granted hereunder shall be subject to all of the penalty and revocation procedures of this chapter.
(E) The application to be made hereunder shall be made to the planning and zoning commission and shall not require the payment of any fee if made within the aforesaid sixty (60) day period.
(F) Any person who has previously obtained a special use permit pursuant to the provisions of prior law shall not be required to obtain a home occupation permit and may continue to engage in such home occupation subject to the provisions of the prior law and such conditions as may have been imposed upon the granting of such special use permit. (Ord. 1115-A, 8-19-1986)