(A) Intent.
(1) This section authorizes as home-based businesses and rural home based businesses all uses that conform to its standards. In general, a home-based business is an accessory use located and operated in a manner that neighbors, under normal circumstances would be unaware of its existence other than a sign or a small number of additional visitors and deliveries. To establish whether a proposed accessory use qualifies as a home-based business or rural home based business, standards have been set to ensure compatibility with permitted uses, to maintain neighborhood character (whether urban or rural residential or agriculture), and to clearly indicate a status that is secondary or incidental to an existing and occupied dwelling unit. Additionally, home-based business uses are classed as Tier 1, Tier 2, or Tier 3 based on the intensity of said use requiring greater degrees of scrutiny as part of the permitting process.
(a) Tier 1. No permit required for home offices, telecommuting, internet based businesses including internet sales and similar uses that do not require signs and visitors. Home crafts and individually ordered and/or customized items including wood working, sale of produce raised on property, in rural districts agricultural and natural resource products raised and/or processed on property where dwelling is located.
(b) Tier 2. Staff approval for uses that require signs or no more than one visitor at one time, no employees other than family, personal services, business services, individual instruction including tutoring and personal training, individual counseling; one station barber or beauty shop including manicure, no more than two transient guest rooms.
(c) Tier 3. Approval by Board of Zoning Appeals, special instruction whose class sizes do not exceed five, group counseling not exceeding five; two station barber or beauty shop including manicure, any business that employs persons outside of the immediate household, catering service (requires Health Department approval and/or licensing, may require an Indiana Design Release). Use of existing accessory building, areas greater than 600 square feet will require Class 1 Change of Use Design Release from Indiana Department of Homeland Security.
(2) Because compatibility with permitted uses and neighborhood character vary with location and zoning, this section distinguishes what may be suited to all living environments and what may be uniquely suited to agriculture and rural settings. Home-based businesses and rural home based businesses conforming to the requirements of this section are permitted as residential accessory uses.
(B) Procedure for approval. Upon receipt of an application for a home based business, the Executive Director shall review the application for completeness and the appropriate Tier. If the requested home based business qualifies as a Tier 1 Home Based Business no permit is required. If the requested home based business qualifies as a Tier 2 Home Based Business Area Plan Commission staff shall issue the home based permit. If the requested home based business qualifies as a Tier 3 Home Based Business Area Plan Commission staff shall forward the application as a petition to the Board of Zoning Appeals for a public hearing as special exception (69) Tier 3 Home Based Business.
(C) Home-based business use requirements. In addition to all other requirements applicable in the zone in which located, home-based businesses are subject to the following.
(1) Dwelling units, 25% of living area with a maximum area 600 square feet.
(2) Accessory buildings of 600 square feet. Greater than 600 square feet requires an approved Class 1 Change of Use from the Indiana Department of Homeland Security and no larger than 30,000 cubic feet.
(3) No alteration shall be made to the exterior of the primary use building or to the lot which changes the residential character of the building or lot. Additions are permitted provided the appearance and character of the addition is consistent with the residential character of the neighborhood.
(4) The operator of a home-based business shall be a resident of the building property and no employees are allowed who are not residents other than as approved by the Board of Zoning Appeals as a Tier 3 home-based business.
(5) A home-based business shall not involve construction features or the use of any equipment or combustible materials any of which would change fire separation requirements of the primary use building.
(6) There can be no activity or storage related to the home-based business outside the primary use building other than as approved by the Board of Zoning Appeals as a Tier 3 home-based business.
(7) A home-based business shall provide additional off-street parking sufficient to meet needs created by the home-based business and the existing residential use and shall be provided on the same lot as the home-based business and may be located in the front yard setback. On-street parking directly in front of the dwelling may be allowed only as a Tier 2 or 3 home-based business, but only where formal on-street parking exists.
(8) A home-based business shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire or chemical hazard, traffic hazard, or any other hazard or nuisance to any greater or more frequent extent than would be expected from a normally occupied dwelling unit in that zoning district that has no home-based business.
(9) Except for articles grown or crafted on the premises, no stock in trade shall be displayed, stored or sold. A home occupation is neither a retail nor wholesale establishment.
(10) Baby sitting not exceeding four children in addition to children living at dwelling.
(D) Permitted home-based businesses that may be permitted as Tier 1, Tier 2, or Tier 3 home-based business:
(1) Home offices;
(2) Telecommuting;
(3) Internet based businesses including internet sales and similar uses that do not require signs and visitors;
(4) Computer programming and computer repair;
(5) Home crafts and individually ordered and/or customized items including wood working;
(6) Sale of produce raised on property;
(7) Personal services including one station barber or beauty shop or manicurist;
(8) Business services;
(9) Individual instruction including tutoring and personal training;
(10) Individual counseling; or
(11) Transient guest room.
(E) A Tier 3 home-based business may be permitted if the Board of Zoning Appeals upon a finding that its characteristics are:
(1) Consistent with the purpose and description and zoning district as per the zoning code; and
(2) Compatible with the permitted primary uses in the zoning district regarding hours of operation, traffic generation, outdoor lighting, and noise, dust, odor, glare and heat producing properties.
(3) If Area Plan Commission staff determines that a home-based business no longer meets the requirements of the home based business above and shall require that such changes are necessary to bring it back into compliance with those requirements. Failure to bring the home-based shall upon the direction of the Board of Zoning Appeals to schedule a public hearing to potentially revoke the home-based business permit.
(F) Prohibited home-based businesses.
(1) Auto repair in corporate limits of City of Connersville, rural subdivisions, or rural lots not part of a rural subdivision smaller than three acres;
(2) Auto body repair;
(3) Retail stores;
(4) Auto and materials salvage;
(5) Health care offices and clinics;
(6) Kennels are only permitted as a special exception;
(7) Welding shop or any type of machine shop and manufacturing;
(8) Bed and breakfast or tourist home which are permitted only as a special exception; and
(9) Any use of a size and/or requiring sprinkler systems due to use of hazardous materials.
(G) Permitted rural home-based businesses: may be permitted as Tier 1, Tier 2, or Tier 3 home-based business:
(1) All home based businesses permitted under division (C) located above;
(2) Agricultural equipment repair;
(3) Automobile, truck or motorcycle service, repair, customizing or restoration. All work, materials, equipment, and all vehicles shall be stored indoors;
(4) Small engine and appliance repair;
(5) Farm produce sales;
(6) Office facility of one licensed physical or mental health care professional;
(7) Office facility of one veterinarian;
(8) A two chair barber shop, beauty salon, or manicurist;
(9) Welding shop; and
(10) Renting or leasing indoor storage space for large items (boats, RV's, campers, trucks, storage pods and similar items) in a barn or pole barn. All storage shall be indoors. Self-storage warehouse business shall not be considered a rural home-based business.
(H) A rural Tier 3 Home-Based Business may be permitted if the Board of Zoning Appeals upon a finding that its characteristics are:
(1) Consistent with the purpose and description and zoning district as per the zoning code;
(2) Compatible with the permitted primary uses in the zoning district regarding hours of operation, traffic generation, outdoor lighting, and noise, dust, odor, glare and heat producing properties; and
(3) If Area Plan Commission staff determines that a rural home-based business no longer meets the requirements of the home based business above and shall require that such changes are necessary to bring it back into compliance with those requirements. Failure to bring the home- based shall upon the direction of the Board of Zoning Appeals to schedule a public hearing to potentially revoke the home-based business permit.
(I) Prohibited rural home-based businesses.
(1) Retail stores;
(2) Auto and materials salvage;
(3) Health care offices for more than one licensed physical or mental health care professional, and clinics;
(4) Kennel (permitted only as a special exception;
(5) Medical clinic or hospital; and
(6) Restaurant.
(J) Permit and special permits and hours of operation.
(1) Tier 2 and Tier 3 uses requires an Improvement Location Permit that expires with the conclusion of use by the property owner, or upon sale of the property. New owners may reapply for Tier 2 and Tier 3 Home Based Business permits. Tier 1 home-based businesses are fee and Improvement Location Permit exempt.
(2) Any Tier 1 Home Based Business shall require an upgrade to a Tier 2 Home Based Business permit should changes in the use meet Tier 2 thresholds. Any Tier 2 Home Based Business shall require an upgrade to a Tier 3 use should changes to the use meet Tiers 3 thresholds and will require approval by the Board of Zoning Appeals.
(3) Area Plan Commission staff will not issue permits for any proposed use that requires a design release until design release is submitted to Area Plan Commission staff.
(4) Hours of operation: 8:00 a.m. to 8:00 p.m. in corporate limits or rural residential zoning districts or platted subdivision, or rural residential lots smaller than three acres when there is any residential dwelling within one quarter mile.
(K) Expiration of home-based businesses and rural home-based businesses.
(1) Home-based businesses and rural home-based businesses expire within six months of ceasing of business activity, transfer of property to a new owner, or business owner ceases living at address of home-based business.
(L) Application submission requirements for Tier 2 and Tier 3 Home-Based Businesses.
(1) Detailed site plan with dimensions of parking area, number and location of proposed parking spaces, dimensioned floor plan of structure, location of home based business with dimensions and square footage, location and dimensions of signs.
(2) Written description of proposed home based business and hours of operation.
(Ord. 3095, passed 2-15-93; Am. Ord. 3341, passed 3-6-95; Am. Ord. 3685, passed 3-16-98; Am. Ord. 4356, passed 4-21-03; Am. Ord. 6913, passed 12- -22) Penalty, see § 153.99