(a) For minor home occupation uses, the following process shall be followed:
(1) Any applicant must complete an application as designed by the City Engineer.
(2) The City Engineer shall review the application and may consult the City Manager. If the applicant meets the criteria for a minor home occupation use, the City Engineer will investigate the property to determine compliance with the ordinance provisions as set forth in this article.
(3) The City Engineer will then notify by certified mailing all property owners within 200 feet from any direction of the applicant's property of the submission of an application and request comment within 20 days either orally or in writing from the property owners.
(4) If the surrounding property owners make no objections within 20 days, the City Engineer may proceed with the application. If objections are noted, the City Engineer shall review those comments with the City Manager who will then determine if the application should be forwarded to the Board of Zoning Appeals.
(5) If the application complies with the above requirements in all respects, a home occupation permit may then be issued if and only if the premises has been inspected to determine compliance with building, zoning and fire codes and all other requirements of this article.
(6) If a permit is granted, the City Engineer shall notify the Finance Director of such action. A business license must then be obtained from the Finance Director by following the licensing procedures set forth in Article 711.
(7) The City Engineer or his agents shall periodically (at least once every six months) review the use to assure compliance. The City Engineer or his agents shall have the right to enter onto the property where the home occupation use is located.
(8) If the applicant at any time ceases to comply with the requirements set forth in this article, the City Engineer shall advise the City Manager who may then revoke the minor home occupation use permit and the business license issued and require the applicant to follow the procedures for a major home occupation use. Notification of the revocation of a home occupation use permit and business license shall be by certified mail.
(b) For a major home occupation use, the following process shall be followed:
(1) The applicant shall complete an application as designed by the City Engineer.
(2) The City Engineer in conjunction with the City Clerk shall schedule the matter for a hearing before the Board of Zoning of Appeals.
(3) Notice of the public hearing shall be forwarded by way of certified mail to all property owners within 200 feet from any direction of the property.
(4) Prior to the hearing, the City Engineer shall investigate the application and submit a written recommendation to the Board of Zoning Appeals.
(5) Prior to the approval of the application, the Board of Zoning Appeals shall be required to make a finding of each of the following:
A. Minimal impact on the quality of life of the neighborhood;
B. Minimal or negligible impact on the on street parking in the neighborhood;
C. Minimal or negligible impact on the City's infrastructure (i.e. water/sewer services);
D. Minimal pedestrian and vehicular traffic; and,
E. Incidental use of the property for the home occupation.
The Board of Zoning Appeals shall also closely examine, review and consider the written recommendations of the City Engineer, if any.
(6) Following the public hearing, the Board shall either approve or deny the application and state findings of fact prior to rendering its decision. Any applicant who is denied a major home occupation use permit shall have a right of appeal to the Circuit Court of Harrison County.
(Ord. 95-6. Passed 3-2-95.)