1113.03  HOME OCCUPATIONS.
   (a)   Purpose: The purpose of the provisions in this Section is to protect the character of residential neighborhoods while recognizing that advances in technology and telecommunications and changes in the job market have diminished the importance of traditional workplaces.  These regulations are intended to recognize this shift and to allow in residential structures, where appropriately limited, nonresidential activities that are clearly subordinate and incidental to the residential use of the property and which are compatible with the residential character of the neighborhood. 
   (b)   Definition: “Home Occupation” means an activity, profession, occupation, service, craft or hobby operated or carried out for pecuniary gain, which is conducted or operated in, or directed from, a residential dwelling or unit which is clearly incidental and secondary to the use of the dwelling or unit for residential purposes.  Home Occupations shall be further defined as “Type A” or “Type B” depending upon their intensity and potential effects upon the neighborhood.
   (c)   Home Occupation Type A:  This type of Home Occupation has little or no impact on the surrounding residential area and requires no permit.  In general, a Home Occupation Type A is located and conducted so that the average neighbor, under normal circumstances, would not be aware of its existence. Regulations:  A Home Occupation Type A shall be a permitted accessory use in any residential district only if all of the following regulations are met:
      (1)   General: 
         A.   The use is compatible with the residential use of the property and the surrounding residential uses.
         B.   Retail sales of merchandise, products or goods shall be prohibited, provided, however, that orders previously made by telephone, internet, or at a sales party or meeting may be filled on the premises.  That is, direct retail sales of products or goods off display shelves or racks is not permitted, but client/customer may pick up an order placed earlier, as described above
      (2)   Employees:  The use is owned or conducted by one or more residents of the dwelling and only employs residents of the dwelling unit in which it is located.
      (3)   Area:
         A.   The use is conducted wholly within the dwelling, and any space used for sales, service or production does not occupy more than twenty percent (20%) of the ground floor area of the dwelling unit, excepting Type B Family Day Care Homes.
         B.   The use, including any storage of materials or equipment related thereto, shall be carried on entirely within the dwelling or unit and not in an accessory building; however, part of the floor area of an attached garage may be used if the use does not occupy parking spaces required for the dwelling use by the parking regulations of this UDO, outlined in Section 1111.07.
         C.   The use shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted on the premises.
      (4)   Exterior Appearance: 
         A.   The exterior appearance of any structure on the premises shall not be altered nor shall there be any structural modifications of the residence or garage, such as a separate business entrance.  The use within the principal structure shall not be conducted in a manner that would cause the premises to differ from its residential character or which is inconsistent or incompatible with the normal scale, orientation or appearance of neighboring dwellings.  No activity, materials, goods or equipment indicative of the use shall be visible from any public way or adjacent property.
         B.   There shall be no outside appearance of the use, including, but not limited to, parking, signs or lights, excepting that one nameplate sign, attached flush to the dwelling and not exceeding two (2) square feet in area shall be permitted.  Neither freestanding nor illuminated signs shall be permitted.
      (5)   Hours of Operation: 
         A.   In no case shall the home occupation be open to on-site clients or customers earlier than 7:00 a.m., nor later than 7:00 p.m., excepting parties and meetings held for the purpose of selling merchandise or taking orders.  Other motor vehicle traffic relating to the conduct of the use shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
         B.   Parties or meetings within the dwelling, held for the purpose of selling merchandise or taking orders, shall not be held more than four times each month.
      (6)   Parking/Traffic:
         A.   On-site clients or customers shall not exceed six (6) per day, excepting Type B Family Day Care Homes.
         B.   The use does not necessitate the parking of more automobiles than can be accommodated in the dwelling or unit’s driveway.
         C.    The use shall not generate a significantly greater volume of traffic than would normally be expected in a residential area.  The number of deliveries, pick-ups, origin or destination trips relating to the use shall not exceed three (3) per day.
         D.   There shall be no merchandise or goods sold, or services rendered that require receipt or delivery of merchandise, goods or equipment other than by passenger motor vehicle, parcel delivery service, or U.S. mail service.  No deliveries by tractor/trailer are permitted.
      (7)   Environmental Impact:
         A.   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including visible or audible interference with radio and television reception or which cause fluctuation in line voltage off the premises.
         B.   The use shall not generate any solid waste or sewage discharge, in volume or in type, which is not normally associated with residential use in the neighborhood.
         C.   No highly explosive, toxic or combustible material shall be used or stored on the premises. 
      (8)   Other Applicable Laws or Regulations: The use may not involve any illegal activity; it shall be the homeowner’s responsibility to ensure compliance with all applicable state and federal regulations.
      (9)   “Type B Family Day Care Homes:” as defined by Ohio Revised Code Chapter 5104, for six (6) or fewer children shall be considered Home Occupation Type A’s as long as the requirements of this Section and Ohio Revised Code Chapter 5104 are complied with. 
   (d)   Home Occupation Type B: This type of Home Occupation has the potential for greater impact on the surrounding residential area and therefore requires a Conditional Use Permit.  All persons conducting home occupations that classify as Type B, and which are planned, presently existing, or which are established, changed or enlarged after this chapter is in effect, shall be required to obtain a Conditional Use Permit.  Initial application for a Conditional Use Permit for a Home Occupation Type B shall require a public hearing.
      (1)   Application:  The application process shall be the same as for other Conditional Uses under this Zoning Code.
      (2)    Regulations:  A Conditional Use Permit for a Home Occupation Type B in any residential district may be granted if all of the following regulations are met:
      (3)   General: 
         A.   The use is compatible with the residential use of the property and the surrounding residential uses.
         B.   The retail sales of products or goods, particularly products or goods produced on the premises, may be permitted by the Planning Board provided that such merchandise or goods are specified and approved as a part of the application for the Permit, and provided that the Planning Board determines that such retail sales will not become a detriment to or have an adverse impact on the existing residential character of the lot or neighborhood.
      (4)   Employees:  The use is owned or conducted by residents of the dwelling unit in which it is located and employs not more than two (2) employees who are not residents of the dwelling or unit.
      (5)   Area:
         A.   The use is conducted within the dwelling, and any space used for sales, service or production does not occupy more than twenty-five percent (25%) of the ground floor area of the dwelling unit. 
         B.   Accessory buildings may be used for storage of materials and equipment related to the use, provided that such buildings comply with setback and other requirements for accessory buildings as contained in this UDO.
         C.   The use shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted off the premises.
      (6)   Exterior Appearance:
         A.   Alterations to the exterior appearance of any structure in connection with the use may be permitted by the Planning Board provided that such alteration is specified and approved as a part of the application for the Permit, and provided that the Planning Board determines that such alteration will not cause the premises to differ from its residential character, nor be inconsistent or incompatible with the normal scale, orientation or appearance of neighboring dwellings.  No activity, materials, goods or equipment indicative of the use shall be visible from any public way or adjacent property. 
         B.   Any signage shall be of the type and size permitted in the zoning district under the City’s sign regulations, outlined in Section 1111.08, and shall be approved by Planning Board as a part of the Conditional Use Permit.
      (7)   Hours of Operation:
         A.   Depending upon the foreseeable impact the intensity of a particular use may have on the surrounding neighborhood, it is within the discretion of the Planning Board to limit the operations of a particular use to certain operating hours as a condition of granting a Permit.  Should Planning Board fail to establish operating hours for the use, in no case shall the home occupation be open to on-site clients or customers earlier than 7:00 a.m., nor later than 7:00 p.m., excepting parties and meetings held for the purpose of selling merchandise or taking orders. 
         B.   Parties or meetings within the dwelling for the purpose of selling merchandise or taking orders shall not be held more than four times each month.
      (8)   Parking/Traffic:
         A.   Clients or customers shall not exceed twelve (12) per day on average, except instructional services are limited to a maximum of six (6) students per day.
         B.   At least two (2) off-street parking spaces shall be provided, unless this requirement is waived by the Planning Board.  No required parking shall be provided in any front yard, except for the driveway, which may be used to fulfill this requirement.  There shall be no paving or modification of the front yard for parking purposes other than the customary space used for the driveway.
         C.   The use shall not generate a significantly greater volume of traffic than would normally be expected in a residential area.  The number of deliveries, pick-ups, origin or destination trips relating to the use shall not exceed five (5) per day.
         D.   There shall be no merchandise or goods sold, or services rendered that require receipt or delivery of merchandise, goods or equipment other than by passenger motor vehicle, parcel delivery service, or U.S. mail service.  No deliveries by tractor/trailer are permitted.
      (9)   Environmental Impact:
         A.   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including visible or audible interference with radio and television reception or which cause fluctuation in line voltage off the premises.
         B.   The use shall not generate any solid waste or sewage discharge, in volume or in type, which is not normally associated with residential use in the neighborhood.
         C.   No highly explosive, toxic or combustible material shall be used or stored on the premises. 
      (10)   Other Applicable Laws or Regulations: The use may not involve any illegal activity; it shall be the homeowner’s responsibility to ensure compliance with all applicable state and federal regulations.
   (e)   Validity: The Conditional Use Permit for the Home Occupation Type B may be issued for an initial period of one (1) year and renewed for three (3) year periods thereafter.  Conditional Use Permits shall be specific to the owner of the Home Occupation and the dwelling or unit for which the Home Occupation is approved; they shall not be transferable to a subsequent owner of the designated dwelling or unit, nor shall they transfer with the owner to another location.  A Home Occupation Type B shall terminate upon the dwelling no longer being used for such Home Occupation or upon the sale or change of ownership of such dwelling or land, or upon violation of any provisions of this Section.
   (f)   Renewals:  The owner of the Home Occupation Type B is responsible for applying for renewals of the Conditional Use Permit.  Upon application for renewal, the Zoning and Building Official shall inspect the premises for conformance with the original Permit and shall review the record regarding the Permit and shall make a recommendation to the Planning Board.  If the Planning Board finds no cause to disallow renewal of the application or cause for review of the application, the Planning Board may authorize the Zoning and Building Official to administratively approve the renewal application.  If the Planning Board determines the use has been the subject of unresolved complaints or violations of conditions or for other good cause, the Planning Board may cause the application to come before the Planning Board for a public hearing, may review the application as if it were a new application, and may renew the Permit as is, may renew the Permit with added conditions as the Planning Board finds appropriate, or may deny and/or revoke the Permit.
   (g)   Revocations:
      (1)   The following shall be considered as grounds for the revocation of a Home Occupation Conditional Use Permit at any time during the term of the Permit:
         A.   Any change in use or any change in extent of use, area of dwelling or unit being used, or mechanical or electrical equipment being used that is different from that specified as permitted in the granted Permit, which is not first approved by the Zoning and Building Official.
         B.   Any change in use or any change in extent of use, area of dwelling or unit being used, or mechanical or electrical equipment that results in a violation of these regulations.
         C.   Failure to allow periodic inspections by the Zoning and Building Official or his designee at any reasonable time when an adult member of the family is present.
      (2)   If one or more of the regulations of this Section are violated, or for any of the reasons listed above, Planning Board may, upon the recommendation of the Zoning and Building Official, revoke a Conditional Use Permit for a Home Occupation Type B.  The holder of said Permit shall be notified of the time, date and place at which Planning Board intends to consider a revocation of his Permit, and shall be given an opportunity to address Planning Board on the matter.
      (3)   Home Occupation Permits that have been revoked may not be applied for again until a period of one year has lapsed from the date of revocation.
   (h)   Firearms Dealers: Any person wishing to operate a firearms dealer business as a home occupation must have a current and valid Federal firearms license before conducting any such business.  Any Federal firearms “stocking” type license shall automatically be considered a Home Occupation Type B and shall require a Conditional Use Permit.
   (i)   Prohibited Uses:  The following shall not be considered as Home Occupations and shall not be permitted as either Home Occupation Type A’s or Type B’s:
      (1)   Animal Hospitals.
      (2)   Kennels.
      (3)   Clinical or Medical Centers.
      (4)   On-site major appliance or large equipment repair.
      (5)   Mortuaries.
      (6)   Antique shops or sales.
      (7)   On-site Motor vehicle, lawn mower, trailer or boat repair, service, sales, or rentals, or trailer rentals.
      (8)   Restaurants, taverns, or private clubs.
      (9)    Yard, lawn, garage or porch sales in excess of three (3) consecutive days.
      (10)   Animal obedience training schools.
      (11)   Music, dance, business, exercise, art or martial art schools.
      (12)   Tourist homes, rooming houses, bed and breakfasts.
      (13)   Retail or wholesale distribution of sales of household goods or food products.
      (14)   Any other use found to be prohibited by the Planning Board.
   (j)   Miscellaneous: 
      (1)   In the case of a dwelling or unit that is part of a common interest ownership community (a community in which at least some of the property is owned in common by all of the residents) the provisions of this Section shall not be deemed to supersede any deed restrictions, covenants, agreements, master deeds, by-laws or other documents that prohibit Home Occupations within dwellings or units in the community.
      (2)   The provisions of the Chapter shall not be construed as limiting in any manner the powers or authority of the City of Eaton to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.
         (Ord. 05-16.  Passed 11-7-05.)