(a) This section seeks to balance the needs of some individuals to work at with rights of other individuals to enjoy the residential character of their neighborhood and their private property. Further, the purpose of this section is to protect the health, safety, and welfare of the neighborhood residents and the preservation of the neighborhood as a comfortable place for the people who live there.
(b) It is also the intent and purpose of this section to provide for certain types of restricted occupational uses within residential districts. Only such uses will be allowed which:
(1) Are incidental to the use of the premises as a residence;
(2) Are compatible with residential uses;
(3) Are limited in extent; and
(4) Do not detract from the residential character of the neighborhood.
(c) Home occupations are permitted in the A, R-1AAA, R-1AA, R-1A, R-1, R-2 and R-3 Districts. “Home occupation” means an occupation conducted in a dwelling unit, provided that:
(1) Only members of the family residing on the premises shall be engaged in a home occupation, with the exception that the family operating the home occupation shall be allowed to have no more than one employee engaged in providing the home occupation services.
(2) The use of the dwelling unit or other incidental structures used for the purpose of engaging in the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation. In the case of the use of accessory structures, there shall be no limitation on the percentage of the floor area which may be used therein in the conduct of the home occupation.
(3) There shall be no exterior visible evidence of the conduct of a home occupation.
(4) No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Ordinance and shall not be located in a required front yard.
(5) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment may be used which causes fluctuations in line voltage off the premises, nor shall the electrical interference create any visible or audible interference in radio or television receivers.
(6) The residential character of the dwelling exterior shall not be changed.
(7) No offensive noise, vibrations, smoke, or other particulate matter, odorous matter, heat, humidity, glare or other objectionable affect within shall be produced therein or therefrom.
(8) No merchandise shall be sold or processed except that which is produced or incidental to the services rendered on the premises.
(9) All owners of home occupations shall register for Municipal Income Tax.
(10) All home occupations shall require a Conditional Use Permit.
(11) Upon receipt of the application for a Conditional Use Permit as required in subsection (c)(10) hereof, the Manager shall provide written notice to all parties who either own or reside in any property which is within 200 feet of the property which is the subject of the Home Occupation/Conditional Use Permit application. This written notification shall notify the recipient that he/she has 14 days from the date of the mailing of the notification in order to contact the Manager with any objections that he/she may have concerning the granting of the requested Conditional Use Permit. If no objections are received by the Manager, and if the Conditional Use Permit meets all other requirements, then the Conditional Use Permit shall be granted. If, however, the Manager receives objection(s) to the granting of the Conditional Use Permit then the Manager shall place the matter on the agenda for a public hearing with the Board of Zoning Appeals, but in no event shall said public hearing be held after 45 days subsequent to the receipt of the application for a Conditional Use Permit. Whether the Conditional Use Permit application is approved by either the Manager or the Board of Zoning Appeals, either the Manager or the Board of Zoning Appeals may, at their discretion, impose restrictions as they deem appropriate.
(12) Any violation of Section 1129.14 of the Codified Ordinances of the Municipality of Germantown shall result in an immediate revocation of the Conditional Use Permit. In the event that a Conditional Use Permit previously issued is revoked, such revocation may be without hearing. In the event that the Conditional Use Permit is revoked without hearing, the holder of the Conditional Use Permit shall be entitled to a hearing and said hearing must be requested by the holder of the Conditional Use Permit within five (5) days of the revocation of same without hearing. In the event that the holder of the Conditional Use Permit requests a hearing on the revocation of the Conditional Use Permit, said hearing shall be held within ten (10) days of the date that said request for hearing is made. Said hearing shall be held before the Board of Zoning Appeals and the Board of Zoning Appeals shall, within thirty (30) days after the hearing, either make a finding in support of the revocation of the Conditional Use Permit, make a finding against the revocation of the Conditional Use Permit, or place additional conditions on the use of the property but not revoke the Conditional Use Permit.
(Ord. 13-61. Passed 11-4-13.)