(A) Purpose and intent. It is the purpose and intent of this section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on the resident's premises. Two classes of home occupations are established, based upon the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to assure the compatibility of home occupations with other uses permitted in the applicable district, and to preserve the character of residential neighborhoods.
(B) Home occupations shall not be permitted except in compliance with Chapter 158 and other applicable law.
(C) Application for home occupation. An application for an administrative permit for a type I home occupation or special exception permit for a type II home occupation shall be signed by all owners and adult residents of the property in question and filed with the Department on forms provided by the Department. The Director shall review the application and classify the proposed home occupation as a type I or type II based upon:
(1) The established standards for type I and type II home occupations described in division (D) and (E); and
(2) General planning and zoning standards established by the Zoning Code.
(D) Type I home occupation.
(1) The following standards are applicable to all type I home occupations:
(a) No person other than residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation.
(b) No more than 20% of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home
occupation may not utilize more than 50% of any one floor of the dwelling unit.
(c) No outdoor storage or display of products, equipment, or merchandise is permitted.
(d) No retail sales shall be conducted on the premises.
(e) No publication or advertising shall use the residential address of the home occupation.
(f) Exterior evidence of the conduct of a home occupation is not permitted.
(g) The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.
(h) No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference which is detectable to the normal senses outside the dwelling unit or accessory structure.
(i) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.
(j) No specific outside entrance or exit for the home occupation shall be permitted.
(k) No sign shall be permitted.
(l) No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (that is, construction equipment) shall be permitted on or about the premises.
(2) The following uses are examples of home occupations which may be classified as a type I:
(a) Telephone answering and solicitation;
(b) Home crafts;
(c) Computer programming, desktop publishing;
(d) Typing or secretarial service;
(e) Painting, sculpturing or writing;
(f) Dressmaking, sewing, or tailoring;
(g) Drafting, surveying service;
(h) Consulting services;
(i) Mail order business, not including retail sales from site; or
(j) Sales representative, office only.
(E) Type II home occupation.
(1) The following standards are applicable to all type II home occupations:
(a) One person other than the residents of the dwelling unit on the subject premises named in the application may be engaged in such home occupation.
(b) No more than 25% of the total gross floor area of the dwelling unit shall be used for such home occupation. The home occupation may not utilize more than 50% of any one floor of the dwelling unit.
(c) No outdoor storage or display of products, equipment or merchandise is permitted.
(d) Retail sales are permitted only as an accessory use to the primary home occupation (that is, a beauty salon can sell shampoo and beauty products).
(e) Exterior evidence of the conduct of a home occupation is not permitted except one non-illuminated sign not to exceed eight square feet, which must be mounted flat against the exterior wall of the dwelling unit.
(f) The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.
(g) No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference which is detectable to the normal senses outside the dwelling unit or accessory structure.
(h) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.
(i) A minimum of two off-street parking spaces, in addition to those required for the dwelling unit, shall be provided for use by patrons of the home occupation. The Board of Zoning Appeals may require additional off-street parking based upon the use and location of the property.
(j) No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (that is, construction equipment) shall be permitted on or about the premises.
(2) The following uses are examples of home occupations which may be classified as a type II:
(a) Attorney office;
(b) Insurance sales or broker;
(c) Real estate sales or broker;
(d) Jewelry repair;
(e) Shoe repair;
(f) Carpentry, cabinet makers;
(g) Ceramics which involve the use of a kiln;
(h) Medical or dental office;
(i) Catering or food preparation;
(j) Pet grooming service
(k) Barber or beauty shop;
(l) Photo developing, photo studio; or
(m) Appliance repair.
(F) General provisions. All home occupations shall conform to the following standards:
(1) Approval of a home occupation is not transferable to a location other than that which was approved.
(2) In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.
(3) All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.
(4) The Director, in the case of an administrative permit for a type I home occupation, or the Board of Zoning Appeals in the case of a special exception permit for a type II home occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.
(5) Administrative permits issued by the Director, or special exception permits issued by the Board of Zoning Appeals may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.
(6) Home occupations shall commence only after the receipt of an administrative permit if classified as a type I, or special exception permit if classified as a type II.
(G) Permit review process. Applications for a home occupation shall be reviewed as follows:
(1) Application filed, with authorization from property owner.
(2) Review of application by Director to determine classification as a Type I or Type II.
(3) If classified as Type I:
(a) Director can approve or deny the application.
(b) If approved, an Administrative Permit for the home occupation shall be issued.
(c) Director may impose reasonable conditions as part of the approval.
(d) Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. An appeal must be filed within ten days of the date of the Director’s determination.
(4) If classified as Type II, the application shall be reviewed and treated as a Special Exception request.
(5) The standard set forth in divisions (D), (E), or (F) of this section shall be incorporated as minimum conditions for approval.
(H) Enforcement. In the event the Director determines that the operation of any home occupation is in violation of this chapter or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if not corrected in the manner and by the date specified in the notice in accordance with revocation procedures applicable to special exceptions. In addition, violations of this section are subject to the penalties provided for in § 158.999.
(Ord. 10-C-86, passed 5-13-86; Am. Ord. 36-C-91, passed 12-3-91; Am. Ord. 29-C-92, passed 10-13-92; Am. Ord. 18-C-14, passed 7-29-14) Penalty, see § 158.999