While the township recognizes that many residents feel the necessity to work out of their home, the township also recognizes the rights of all residents to be free from actual or potential nuisance which may be caused by non-residential activities conducted in a residential zoning district. The intent of this section and requirements are to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the residential character of the surrounding neighborhood.
(A) A home occupation permit may be granted by the Planning Commission within a single-family residential dwelling unit as a special land use when a home occupations application, provided on forms by the township, has been submitted and all of the conditions of this ordinance are agreed to. The Planning Commission shall conduct a public hearing in compliance with the township’s public hearing notification requirements of § 153.427, prior to approving a home occupation permit.
(B) The following are permitted home occupations provided they meet all of the standards listed in division (C) of this section:
(1) Dressmaking, sewing and tailoring.
(2) Painting, sculpturing or writing.
(3) Telephone answering or telemarketing.
(4) Barber/hairdresser (one per household)
(5) Crafts and fine arts.
(6) Tutoring, limited to not more than 2 students at a time.
(7) Computer programing.
(8) Home office of a professional person that meets all the standards listed in division (C) of this section.
(9) Repairing of clocks, instruments or other small appliances.
(10) Other similar home occupations as determined by the Planning Commission.
(C) A home occupation may be permitted following a determination by the Planning Commission that the proposed occupation complies with all of the following standards.
(1) Home occupations shall be limited to the applicant and other family members who legally reside in the residence.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purposes of the home occupation and the home occupation shall be carried out completely within such dwelling. No accessory building (attached or detached) shall be used in the home occupation, except for the parking or storage of equipment that might be used in the home occupation.
(3) There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign not exceeding 2 square feet in area, non-illuminated and mounted flat against the wall of the dwelling.
(4) The outdoor storage of goods, equipment, and materials shall be prohibited.
(5) No equipment or process shall be used in said home occupation which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, smoke, fumes, odor, vibrations or electrical disturbances. There shall be no discharge of polluting materials, fluids, or gases into the ground or surface water, soil or atmosphere.
(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street parking area, located in other than in a required front or side yard setback area.
(7) The home occupation shall not entail deliveries to or transmitted from the home or property in connection with the home occupation other than those items which are routinely handled by the U.S. Postal Service, United Parcel Service (UPS), Federal Express or similar service.
(8) There shall be no sale of any goods manufactured elsewhere in connection with such home occupation. No interior displays shall be visible from the exterior of a dwelling unit used for the purposes of a home occupation.
(9) The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.
(10) No more than 1 home occupation per dwelling unit shall be permitted.
(D) The following uses shall not be permitted as part of a home occupation:
(1) Repair, maintenance, painting, selling and storage of automobiles, machinery, trucks, boats, recreational vehicles and other similar items.
(2) Antique shops.
(3) Any business with employees or volunteers.
(4) Rooming houses.
(5) Private clubs.
(6) Commercial kennels.
(7) Eating or drinking establishments
(E) No home occupation may be carried out without a valid permit issued by the Building Official. Home occupations approved by the Planning Commission shall be renewed annually through the Building Department after review of same. In the event that the township receives a written and signed complaint regarding a specific home occupation, a public hearing and approval by the Planning Commission shall be required prior to any renewal being issued.
(F) Any property owner or occupant who has previously been granted a home occupation permit by the township, and has in fact conducted the approved home occupation in the twelve month period preceding adoption of this section, may continue to conduct the home occupation as previously approved. The home occupation shall be reviewed for renewal in accordance with the provisions of division (E) of this section.
(G) A home occupation permit shall not be transferable or assignable upon sale or other change in ownership of the land upon which the home occupation is conducted. The home occupation permit shall terminate when the person conducting the home occupation for which the permit was issued ceases to occupy the premises.
(H) The use of a home address as a business address or the use of a home phone as a business phone for the sole purpose of meeting state or federal licensing requirements, with no business activity conducted at the home or on the property, is not considered to be a home occupation and is exempt from the provisions of this section.
(I) Renewal; fees; revocation.
(1) There shall be an annual renewal fee for all home occupations.
(2) This fee shall be due each year on January 1 and shall be received by the township through January 31 of the same year without penalty.
(3) The fee for renewal shall initially be set at $25 when paid prior to January 31. If the renewal fee is received by the township February 1 through the last day of February of the year due, the fee shall be increased to $50.
(4) If the home occupation permit is granted on or after July 1, the permit shall be good for the remainder of that year plus one year and no renewal shall be necessary that first January 1 date.
(5) If the renewal fee is not paid prior to March 1 of each year, the home occupation permit shall be revoked without further notice.
(6) When a public hearing is required before the Planning Commission, there is a $200 fee in addition to the annual renewal fee.
(7) These fees may be amended from time to time by resolution of the Township Board.
(Ord. 158, passed 7-17-2007, § 22.33; Am. Ord. 13-207, passed 1-21-2014; Am. Ord. 21-001-153.366, passed 6-15-2021) Penalty, see § 153.999