(a) Intent. It is the intent of this section of the Ordinance to recognize that there are certain types of occupations which may be carried out within a dwelling. The only types of occupations allowed are those that are secondary to the use of the dwelling for residential purposes; are compatible with the neighborhood; limited in their size; and will not detract from the neighborhoods residential character.
(b) Definitions.
(1) Home Occupation – An accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby conducted by a person on the same premises as his principal place of residence which is clearly subordinate and incidental to use of the dwelling for residential purposes. Home occupations shall not be permitted in any accessory building but shall be carried on entirely within the principal structure. There shall be no storage of any goods or materials related to the home occupation allowed in any accessory buildings or garages, attached or detached. Home occupation permits are temporary and shall be granted to a designated person or persons who reside at a certain residential address. They are not transferable from person to person or address to address.
(2) Administrative Home Occupation – This is a home occupation which has no clients coming to the dwelling; there is no visible exterior evidence of the occupation; it does not create a need for additional parking and does not create additional traffic. This type of home occupation can be approved administratively by the Planning and Zoning Administrator.
(3) Conditional Use Home Occupation – This is a home occupation which allows clients/customers to come to the dwelling and requires that both the dwelling and home occupation parking needs be met off-street. This type of home occupation is considered a conditional use and must follow the conditional use process outlined in 1135 and meet the approval of the Board of Zoning Appeals.
(c) Administrative Home Occupation. The following standards shall govern administrative home occupations within the City of St. Clairsville.
(1) Only those persons permanently residing in the dwelling unit shall be employed in the home occupation.
(2) No more than one administrative home occupation is permitted per resident.
(3) All home occupations shall be conducted entirely within the dwelling unit, and the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling.
(4) Not more than 200 square feet of floor area of any dwelling unit shall be used for an administrative home occupation.
(5) There shall be no change in the outside appearance of the building or premises and there shall be no visible evidence of the conduct of such home occupation. Signs are not permitted.
(6) There shall be no sale on the premises of commodities produced as the result of the home occupation.
(7) No traffic shall be generated by such use in greater volume than the current street network can support. The creation of a parking lot, paved or unpaved is prohibited.
(8) Equipment or processes shall not be used in such home occupation which create noise, vibrations, glare, fumes, odors, or electrical interference detectable off the lot. No equipment or process shall be used which creates visual, audible or electrical interference in any radio or television receiver or computer terminal off the premises, or causes fluctuations in voltage off the premises.
(9) There shall be no increased burden placed upon existing public services provided to the residence because of the home occupation.
(10) If you plan to advertise in any way, your electric service charge will be changed to commercial.
(11) The application fee for an administrative home occupation is thirty-five dollars ($35.00).
(d) Conditional Use Home Occupation. A person may apply for a conditional use permit for a home occupation that does not comply with the requirements of 1147.11 C. above. The criteria for the issuance of a conditional use permit for a home occupation are as follows:
(1) Only those persons permanently residing in the dwelling unit shall be employed in the home occupation.
(2) No more than one conditional use home occupation is permitted per dwelling.
(3) All home occupations shall be conducted entirely within the dwelling unit, and the use of the dwelling for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling.
(4) Not more than 400 square feet or 25% of the dwellings gross floor area, whichever is less, shall be used in connection with the home occupation.
(5) A conditional use home occupation may not be open to the public before the hours of 8:00 a.m. or later than 10:00 p.m.
(6) There shall be no change in the outside appearance of the building and there shall be no visible evidence of the conduct of such home occupation, other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the building in which the home occupation is located.
(7) The sale of goods is prohibited except for those directly related to the home occupation. These sales shall not exceed 15% of the gross income.
(8) Any addition to a dwelling in order to accommodate a home occupation may be permitted. However, such addition must remain residential in character and must be approved by the Architectural Review Board and meet all requirements of this Planning and Zoning Code.
(9) No equipment process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances.
(10) No more than two (2) additional parking places may be proposed in conjunction with the home occupation. These spaces shall not be located in a required front yard.
(11) A conditional use home occupation will change your electric service charge for billing purposes from residential to commercial.
(12) The application fee for a conditional use home occupation is one hundred dollars ($100.00)
(13) The Board of Zoning Appeals shall not approve a home occupation if it is determined that it will constitute a nuisance. When approving a home occupation the Board may attach additional requirements in order to ensure a nuisance is not created.
(e) Inspections; Enforcement; Other.
(1) The Planning and Zoning Administrator may inspect any home occupation once per year. If any applicant appears in violation of any regulation of this code the Administrator shall have the right to inspect, upon reasonable request, the property on which the occupation has been approved.
(2) A home occupation permit may be revoked and fines assessed if the nature of an approved home occupation has altered so that it does not fit the definition of a home occupation and does not meet the outlined regulations.
(3) The failure to allow an inspection shall result in the revocation of the permit.
(4) A revoked application may not be reapplied for until six months have elapsed from the date it was revoked.
(5) A person believing that a violation is taking place must put his complaint in writing to the Planning and Zoning Administrator. The Administrator will inspect the property within thirty days of such complaint and within ten days following such inspection will render a decision on whether or not a violation is occurring. (Ord. 2003-27. Passed 5-5-03.)