(A) Relief from the prohibitions under § 154-14-005(G) and/or (H) may be granted through the issuance of a conditional use permit.
(B) Except as set forth in division (D) below, a home occupation defined by § 154-14-006 as a level one minor home occupation or by 154-14-007 as a level two intermediate home occupation may be granted relief from any of the standards set forth in §§ 154-14-006 and 154-14-007 through the issuance of a conditional use permit.
(C) Except as set forth in division (D) below, a home occupation defined by § 154-14-008 as a level three major home occupation having direct vehicular access from an improved dedicated roadway that is classified as a collector, arterial, or highway (as identified in the town roadway classification) may be granted relief from any of the standards set forth in § 154-14-008 through the issuance of a conditional use permit.
(D) The following limitations apply to all home occupations. Accessory space shall not exceed 3,000 square feet.
(E) An applicant seeking relief pursuant to this section shall demonstrate (1) the availability of services adequate to serve the proposed use, including transportation, public facilities and other services existing or planned for the area affected by the use; and (2) compatibility with existing land uses.
(F) In determining if a conditional use permit should be issued pursuant to this section, the following factors shall be considered:
(1) The number of specific standards from which relief is sought; it is presumed that the more standards are exceeded, the more difficult it will be to demonstrate compatibility;
(2) The character of the neighborhood, including such factors as the presence of other similar uses, proximity of other dwellings, the level of surrounding traffic, the size of accessory buildings, background noise levels, and other outside uses;
(3) The ability to mitigate impacts by screening, landscaping, building location, building design and other property improvements (for example driveway or road improvements);
(4) Potential environmental impacts, including effects on air and water quality;
(5) Provision of adequate and safe access to public roadways; and
(6) All other factors listed in § 154-09-004.
(Ord. 466, passed 2-22-96; Am. Res. 2838, passed 4-2-15; Am. Ord. 866, passed 4-2-15)