(A) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.
(1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards:
(a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District.
(b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.
(d) The space devoted for use of the home occupation must be within the main dwelling or basement and no portion of the use shall be conducted within an attached garage. Accessory buildings such as detached garages or sheds shall not be used for home occupations.
(e) No mechanical or electrical equipment shall be used except normal domestic equipment or any equipment necessary and essential to any of the permitted home occupations.
(f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
(g) There shall be no outdoor storage of equipment or materials used in the home occupation.
(h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.
(i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.
(j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non-curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street.
(2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two-year period thereafter.
(3) Permitted home occupations. Home occupation permits will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office (e.g., doctor's, lawyer's or architect's), provided that the office not be used as a physical location to conduct business meetings with clients/customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to.
(B) Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non-residential uses.
(1) Application. This section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise.
(2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met.
(a) Model homes and sales offices may be approved for up to two years.
1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied.
2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year.
3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied.
4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder.
5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days.
(b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first.
(c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following:
1. The building which serves as the office/sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood.
2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily.
3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight-foot setback from the right-of-way. A sign permit is required for all signs.
4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district.
5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on-site or on-street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots.
6. Freestanding, off-site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued.
7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section.
(3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office.
(4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official.
(C) Community residences for people with disabilities.
(1) A family community residence shall be allowed as of right in zoning districts R, R-l, R-2, R-3, R-4, R-10, R-12, BSD-R, BSD-OR, BSD-O, BSD-HC, BSD-HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.
(2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block.
(3) A transitional community residence shall be allowed as of right in zoning districts R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.
(4) In the R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block.
(5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R-l, R-2, R-3, R-4, R-10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block.
('80 Code, § 1183.04) (Ord. 10-84, passed 4-2-84; Am. Ord. 23-84, passed 5-22-84; Am. Ord. 30-89, passed 4-17-89; Am. Ord. 61-00, passed 9-17-01; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 26-10, passed 8-9-10; Am. Ord. 22-14, passed 8-25-14; Am. Ord. 14-17, passed 2-27-17) Penalty, see § 153.999