The home occupation approval process shall consist of the following steps:
(a) Applications.
(1) Applications for the home occupation shall be obtained from the Engineer and Zoning Office and when completed shall be returned to that office.
(2) The application shall consist of the completed form and other required materials.
(b) Review of Application by Zoning Inspector. The Zoning Inspector upon receipt of the application shall transmit the completed application form to the Board of Zoning Appeals within three (3) working days.
(c) Optional Public Hearing. The Board may hold a public hearing to consider the application but is not required to do so. If a public hearing is held, the public notice requirements in Section 1163.04(d): Notice of Public Hearing, shall be followed.
(d) Action by Board.
(1) The Board shall approve, approve with modification or deny the application within sixty (60) days after transmittal by the Zoning Inspector.
(2) Approval shall not be granted unless the following conditions have been met or exceeded.
A. All requirements of the district in which the proposed home occupation is to be located are met, and no new nonconformities would be created by the approval of the home occupation.
(3) The Board may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in this Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
(e) Changes to a Home Occupation. Any change in the home occupation shall require prior approval of the Board in accordance with the process described in this Section.
(f) Issuance of the Zoning Certificate. The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board.
(g) Revocation of a Home Occupation Conditional Use Certificate.
(1) If, upon review at any time, the Board of Zoning Appeals determines that the certificate holder has failed to comply with any of the performance standards, conditions or restrictions imposed by this Section 1163.05 or Section 1131.10: Home Occupations, in the home occupation certificate itself, or by the representations and assertions made by the applicant in his or her initial certificate application, the BZA may take such action as is deemed necessary to remedy the noncompliance, including but not limited to revocation of the certificate.
(2) The Board of Zoning Appeals decision to revoke such certificate shall be made only after the issuance of notice to the certificate holder regarding the asserted noncompliance, and the provision of an opportunity for the certificate holder to make a formal response, within ten (10) days of receipt of notice, to the Engineering and Zoning Office regarding any asserted noncompliance. Any decision by the BZA to revoke the certificate may be appealed in accordance with Section 1165.08: Appeal to City Council.
(Ord. 2020-4053. Passed 1-7-21.)