1159.03 PROCEDURE.

   (a)   Application. Prior to commencement thereof, an application for a home occupation permit shall be made to the Office of Building and Zoning Inspection and shall be accompanied by a filing fee. The schedule of fees shall be posted in such Office. Until all applicable fees, charges and expenses are paid in full no action shall be taken on any home occupation permit.

   (b)   Decision by Zoning Inspector. If upon examination of the request for a home occupation permit the Zoning Inspector finds that such a use will conform to the requirements of this chapter, he shall issue a permit for such use within thirty days. If the request for a home occupation permit is denied, the applicant shall be notified within thirty days. The denial of any such application by the Inspector may be appealed by the applicant to the Board of Zoning Appeals in the manner provided in Section 1107.09 . Council, members of the Planning Commission or other City officials may also appeal the decision of the Zoning Inspector to the Board if they felt the Inspector was in error.

   (c)   Referral to the Board of Zoning Appeals. Upon denial of an application by the Zoning Inspector, the applicant may appeal the denied application to the Board of Zoning Appeals. The Board shall give public notice and hold a public hearing on such proposed use in accordance with the procedure outlined in Section 1107.09 .

   (d)   Decision by the Board. The decision of the Board shall be final unless an appeal therefrom is taken to the Court of Common Pleas as provided for in Section 1107.09 . Such decision shall not become effective for ten days from the date that the written decision is made.

   (e)   Not later than five days following the Board’s action in granting or denying the home occupation, a written notice of the decision shall be mailed to the applicant at the address shown on the application form. A copy of such notice shall also be forwarded to Council and the Planning Commission.

   (f)   Record of Home Occupation Permits. A record of all home occupation applications and their disposition shall be kept on file in the Office of the Commissioner of Building and Zoning Inspection.

   (g)   Voiding of Permits. The Zoning Inspector may void at any time a home occupation permit for noncompliance with the conditions set forth in approving the permit. Notice of such action shall be sent to the applicant in question.

   (h)   Appeals. Appeal of the Zoning Inspector’s decision shall be to the Board of Zoning Appeals as provided for in Section 1107.09 (b). Appeal of the Board’s decision shall be through the Court of Common Pleas, as provided for in Section 1107.09 (f).

(Ord. 269-2001. Passed 12-17-01.)