A commercial or professional activity, regardless of whether engaged in for profit, conducted by one or more residents in his, her, or their dwelling, or structure accessory thereto, and is clearly incidental and secondary to the use of the principal structure for dwelling purposes, and is located within a residentially or agriculturally zoned district may be classified as a home occupation.
(A) General restrictions and limitations. Home occupations shall be permitted as an accessory use to a permitted residential use in any residentially or agriculturally zoned district subject to the requirements of this section.
(1) Home occupations shall be entirely operated from an enclosed, four-walled structure, provided that all doors (including garage doors greater than four feet in width) shall be kept closed during use of the structure for a home occupation, except during incidental use for ingress and egress.
(2) Such use shall not occupy a total floor area greater than the amount of square footage represented by 20% of the total square footage of the principal structure whether operated from within the dwelling or in an accessory structure. For the purposes of this section, “total floor area of the dwelling” shall not include basements or cellars (whether finished for habitation or not), garages (whether attached or detached), attics, or other non-habitable portions of the residence. For the purposes of this section, the total floor area occupied by the home occupation activity shall include the total floor area of any room or rooms, where the home occupation is conducted or supplies, material, inventory, or equipment is stored.
(3) The use of the property for an accessory home occupation shall be clearly incidental and subordinate to its principal use as a residence by its occupants, and shall not dominate or cause variations in the residential character of the property, principal structure, or surrounding neighborhood.
(4) There shall be no visible evidence of the home occupation including, but not limited to, alterations to the exterior of the residence which changes the character thereof as a residence, exterior displays, or the outdoor storage of materials or equipment used in the home occupation. For the purpose of this section, “outdoor storage” shall include not only equipment or materials generally used in the occupation, but also the accumulation of used, discarded, or worn-out materials or manufactured products, any of which may or may not be reusable or saleable.
(5) Parking generated by the conduct of the home occupation shall be provided off-street and in conformance with this chapter. The conducting of the home occupation shall in no way result in the parking of any motorized vehicle, other than those owned and registered in the name of the residents, either upon the lot upon which the home occupation is conducted, or the adjoining public or private street, overnight or longer.
(6) The home occupation shall comply with the requirements of the general performance standards of §§ 154.025 through 154.034. In no case shall any equipment or process be used which creates visual or audible interference in any radio or television receiver located off the lot on which such home occupation is conducted, or which causes fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.
(7) The use of any tool or equipment powered by electricity, gasoline or diesel engine, or high pressure gas shall not be used before 7:00 a.m. or after 7:00 p.m. of any day.
(8) (a) Permitted home occupations shall be limited to those occupations conducted entirely by mail or telephone, those occupations in which the offered goods or services are delivered directly to a location other than the property where the home occupation is located, or those occupations where items are picked up from the customer at a location other than the property where the home occupation is located, the work performed, and then returned to the customer at the customer’s location.
(b) Home occupations requiring customer visits to the location of the home occupation for the purpose of receiving the goods or services offered may be permitted by the Board of Zoning Appeals as a special exception.
(9) Persons who are not residents of the dwelling where the home occupation is being conducted, and who are engaged either as employees, subcontractors, independent contractors, or otherwise in the home occupation, shall not exceed one.
(10) Non-illuminated home occupation wall sign not exceeding two square feet wall-mounted on the dwelling; and, if allowed with the special exception, one non-illuminated yard sign not exceeding six square feet in size per face. Other restrictions may apply.
(B) Home occupation permits. No building or structure or part thereof shall hereafter be used for the purposes of a home occupation without first having applied in writing to the Plan Commission’s designated Administrator for a home occupation permit to do so, and the required permit is issued. Blank forms shall be provided by the Administrator for the use of those who apply for a home occupation permit as required by this chapter. In those instances where a special exception is required, the home occupation permit shall not be issued until after the special exception has been granted by the Board of Zoning Appeals.
(C) Home occupations permits nontransferable. All home occupation permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant. Should the property upon which the home occupation is conducted be sold or conveyed to a different ownership or resident, a renewal of the home occupation permit will be required.
(D) Revocation of home occupation permit. Upon a finding that an approved home occupation permit has become unsuitable or incompatible with the residential nature of the property or neighborhood where it is located through non-compliance with any of the requirements of this chapter, the Board of Zoning Appeals reserves full authority to revoke the home occupation permit. The Board or its designee shall notify the property owner that such an action is imminent, that the property owner will have 35 days in which to prepare a response to the violations specified in the letter-of-intent to revoke the home occupation permit, and that the Board shall schedule the matter for a public hearing at the next available regular meeting date following the 35-day notice period, at which time, all interested citizens will be given the opportunity to be heard. Said notice to the property owner of the intent to revoke the home occupation permit shall be delivered by either the U.S. Mail or through personal service. The public hearing shall be advertised in accordance with state law and the rules and procedures of the Board of Zoning Appeals.
(Ord. 01-04-01, passed 4-10-2001)