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(A) (1) The purpose of this section is to establish supplemental regulations for the review of accessory buildings and uses. Accessory buildings and uses may be permitted within specified zoning districts as customary, incidental, related, or subordinate uses to a principal use of a site as long as such uses do not change, alter, or impose an unacceptable impact on the character of the principal use.
(2) An accessory building and/or use shall not be established unless a principal use has first been established on a site in conformance with all applicable provisions of this chapter and shall in all cases be located behind the principal structure.
(B) If and when accessory buildings and uses are proposed that are not specifically provided for in this chapter, the Plan Commission shall first determine whether or not such proposed accessory buildings and/or uses shall be designated as such, with due regard being given to division (A) above.
(C) Home occupations. Each accessory building and use permitted within specified zoning districts and listed below is required to conform to the provisions of § 154.38. Certain home occupations are permitted as accessory uses in dwelling units, so long as they are clearly incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall not change the character of the residential use and shall not adversely affect the principal permitted uses in the district of which they are a part. The nature of home occupations as an accessory use relative to its location and conduct of activity is such that the average neighbor, under normal circumstances, would not be aware of its existence.
(1) Application for improvement permit. All persons wishing to conduct a home occupation shall apply for an improvement location permit from the staff, as designated pursuant to § 154.14, showing that the provisions of this section will be met during the entire time the home occupation exists. The designated staff may issue such a permit for a period of not more than two years. Upon expiration of the permit, the staff may issue a new permit, provided that all applicable provisions continue to be complied with. Any permit issued pursuant to these regulations may be revoked at any time should the designated staff determine that the provisions of this section are not being met.
(2) Permitted home occupations. The following list is only illustrative as to the type and scale of home occupations which can normally be conducted within the provisions of this section. Other similar uses which meet the intent and regulations of this section may be permitted at the discretion of the designated staff. If there is any question regarding the appropriateness of a proposed home occupation, the matter shall be directed to the Plan Commission for its determination. Any home occupation that does not comply with these standards shall not be permitted:
(a) Artists, sculptors, photographers, home crafts;
(b) Authors, composers, musicians;
(c) Clerical and other similar business services;
(d) Dressmaking, tailoring;
(e) Child day, as regulated by state law, and limited to no more than six nonresident children at any time;
(f) Instruction in music, dance or the like, provided there are no more than two students at a time;
(g) The office of a professional accountant, attorney, consultant, insurance agent, architect, engineer, or the like, provided that they are restricted to number and traffic flows of client vehicles as hereinafter outlined; and
(h) Machine shops, provided the facility is in an accessory building, meeting all pertinent regulations, and such facility is no closer than 100 feet to any other residential dwellings.
(3) Number of employees. Not more than one person other than a member of the resident family shall be employed in home occupations.
(4) Area restrictions. The home occupation shall be clearly incidental and subordinate to the home’s use for residential purposes and therefore can occupy no more than 25% of the total floor area of the principal structure.
(5) Use of accessory buildings. Except, as provided in division (A) above, no accessory buildings shall be used for the conduct of a home occupation.
(6) Exterior evidence of business. Nothing shall be done to the exterior of the building to indicate the existence of a home occupation. Except for outdoor play space for childcare and a non-illuminated sign showing only the address and name of the home occupation. Said sign can be no larger than 1.5 square feet and must be wall mounted at the entrance door. Plan Commission Staff must approve color scheme. The following activities are expressly prohibited:
(a) Structural modifications such as separate entrances, color, materials, or the construction of accessory structures not customarily residential in nature;
(b) Exterior storage of goods, equipment, materials;
(c) The emission of glare, noises, sounds, odors, or vibrations; and/or
(d) There shall be no interference with radio or television receivers caused by the operating of electrical or mechanical equipment.
(a) Employee parking shall be located off-street. All front, side and rear yard requirements shall be maintained;
(b) The home occupation shall not reduce or render unusable areas provided for required off-street parking for the dwelling unit;
(c) Traffic generated by a home occupation shall not exceed the average daily volume normally expected for a residence in a residential neighborhood, which for the purposes of this section means up to ten round trips per day.
(Ord. 99-14, passed 12-20-99; Am. Ord. 10-2001, passed 10-15-01; Am. Ord. 16-2003, passed 11-17-03)