(A) Definition. For purposes of this section, a HOME OCCUPATION is a gainful occupation traditionally and customarily carried out in the home or on a residential premises solely by the residents as a use that is incidental to the use of the home and premises as a place of residence. A home occupation may be conducted entirely within a residential dwelling and/or attached or unattached garage accessory structure to the dwelling.
(B) Type A permitted home occupations. The following home occupations are considered Type A home occupations and are allowed in the Agricultural, R-1, R-1A, R-2 and R-3 Zoning Districts by approval of the Zoning Administrator only in association with a dwelling and in accordance with this section.
(1) Architecture and interior design work;
(2) Beauty salons and barber shops;
(3) Bookkeeping, accounting and financial planning;
(4) Cabinet making and carpentry work;
(5) Computer programming and other computer-related work;
(6) Consulting and counseling services;
(7) Drafting and illustration services;
(8) Dressmaking, sewing and tailoring;
(9) Furniture upholstery;
(10) Home arts and crafts, including, but not limited to, rug weaving, quilting, pottery and ceramics, model making, woodworking, lapidary work and jewelry making;
(11) Musical instrument instruction, except that no instrument may be electronically amplified so as to be audible beyond the parcel of land where the use occurs;
(12) Office of minister, priest or other member of the clergy;
(13) Office of building contractor or building trades persons;
(14) Office of a sales person, sales representative or manufacturers’ representative;
(15) Painting, sculpting and writing;
(16) Private tutoring;
(17) Secretarial services;
(18) Storage and distribution of direct sales products, such as home cleaning products, cosmetics, food containers or other such goods;
(19) Television and other small appliance repair;
(20) Telephone answering service and telephone solicitation work;
(21) Travel booking service; and
(22) Watch repair.
(C) Conditions for Type A permitted home occupations. The following conditions shall apply to all permitted Type A home occupations.
(1) It shall be carried on only by the residents of the dwelling.
(2) The use shall be clearly incidental, subordinate and secondary to the use of the dwelling and premises for residential purposes, and the appearance of the structures shall not be altered, nor shall the occupation be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or by the emission of sounds, vibrations or light.
(3) Within all districts, one wall sign as defined by § 157.196 of this chapter, not exceeding four square feet may be used to identify home occupations therein.
(4) The maximum floor area devoted to the home occupation shall be contained within or attached to the principal dwelling and limited to 25% of the gross floor area of the dwelling unit.
(5) There shall be no selling of goods, merchandise, supplies or products, except on an occasional basis; provided that, orders previously made by telephone or at a sales event off the premises may be filled on the premises.
(6) No storage or display shall be visible from outside the dwelling or an accessory building.
(7) No combustible, toxic or hazardous material may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
(8) There shall be no activity that would interfere with radio or television transmission in the area, nor shall be any significant offensive noise, vibrations, smoke, dust, odors and heat or glare noticeable at or beyond the property line.
(9) As a result of Type A home occupation, there shall not be any appreciably greater motor vehicle or pedestrian traffic than would be normal for residential use in the zoning district in which the use is located.
(10) There shall be adequate off-street parking spaces. On-street parking, or parking within the street right-of-way, is prohibited.
(11) Deliveries and shipments by commercial vehicles shall be on an occasional or incidental basis.
(12) All permitted Type A home occupation businesses are subject to a compliance review with notice to owner by the Zoning Administrator. Reasons for review may include evidence of conducting business greater than the scope of permitted use provisions included within this section. If violations or evidence thereof is submitted to the Zoning Administrator or complaints, either verbal or written are submitted to the Zoning Administrator, the Administrator will notify the permit holder in writing. If reasonable evidence shows that the business exceeds the scope herein prescribed, the permit may be revoked and the holder will be required to seek a Type B home occupation special use permit as described in division (D) below.
(D) Type B home occupations. The following home occupations are considered Type B home occupations and may be allowed by special use in the Agricultural, R-1, R-1 A, R-2 and R-3 Zoning Districts by approval of the Planning Commission as a special use in accordance with §§ 157.345 through 157.350 of this chapter:
(1) A home occupation involving the use of a detached accessory building and/or one that would exceed the floor area limitations for Type A home occupations. The size and placement of such accessory building shall be regulated by each zoning district;
(2) A home occupation involving one or more non-resident workers and/or one involving workers using the site as a regular base of operation for work or service provided off-site. The Planning Commission may authorize additional associates, employees or assistants (who do not reside within the dwelling) where such persons by way of their activities and interaction on site would not cause traffic congestion or parking problems or otherwise materially change or impair the residential character of the neighborhood or lead to the creation of a spot business zone/site;
(3) Gymnastics and dance instruction;
(4) Bed and breakfast establishments;
(5) Veterinarians’ offices or clinics, if located on parcels at least three acres in size; and
(6) Machine shop.
(E) Conditions for approval.
(1) In considering any Type B home occupation for approval, the Planning Commission shall consider and make findings upon the following standards:
(a) Whether the home occupation is incidental and secondary to the use of the premises as a dwelling;
(b) Whether the nature of the home occupation is substantially in keeping with the residential or other permitted use of the property such as farming;
(c) Whether the likely effects of the home occupation upon adjacent and nearby lands would be within the scope of the effects likely to result from other uses permitted and occurring in the district and similar home occupations that are specifically permitted in this section; and
(d) Whether the home occupation will have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.
(2) In approving any such land use, the Planning Commission may impose restrictions and limitations on the use, relating, but not limited to, in consideration of the following:
(a) Hours of operation;
(b) The floor area of the use;
(c) The area, height, bulk and location of any accessory building;
(d) Whether the storage or display of goods, inventory or equipment will be visible from outside the dwelling or an accessory building;
(e) The number of permitted associates, employees or assistants whether working on-site or performing duties principally located off-site;
(f) The manner of storage or use of combustible toxic or hazardous materials on the premises;
(g) Whether there will be any offensive noises, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line, or whether there will be machinery or electrical activity that will interfere with nearby radio or television reception;
(h) Effects on motor vehicle and/or pedestrian traffic;
(i) The amount of off-street parking provided, and the location thereof;
(j) An approved site plan per the discretion of the Zoning Administrator or Planning Commission; and
(k) All Type B special use home occupation business permits are revocable, with notice to owner and after a show cause hearing by the Planning Commission.
(Ord. 2-2014, passed 8-11-2014) Penalty, see § 157.999