The purpose of the home occupation section of the Stow Zoning Code is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential uses of any residential dwelling unit so that they remain limited in scope to an accessory use, and do not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which they are located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit. Those uses which satisfy the criteria and limitations listed in Section 1143.08(d), and for which a zoning certificate has been issued, are directly permissible through and subject to periodic review and actions by the Building, Planning and Fire Departments.
(a) Procedure to Obtain Zoning Certificate. The following steps are the procedures required to receive a zoning certificate for a home occupation.
(1) Submit a completed application for a zoning certificate for a home occupation and pay the application fee through the Planning Department.
(2) An inspection of the proposed home occupation shall be conducted by appropriate City officials when:
A. Goods, supplies or equipment are proposed to be stored within the dwelling or garage;
B. On site customer/client contact is anticipated;
C. The Planning Department determines an inspection is necessary to ensure the home occupation is in compliance with these regulations.
(3) If the proposed home occupation satisfies the requirements of Section 1143.08(d), and the property clears inspection when required, a zoning certificate shall be issued through the Planning Department.
(4) A one (1) year probationary certificate shall be issued. At the end of the first year's operation, the applicant shall be notified to renew the certificate by the above outlined procedure. If the Planning Department determines that the home occupation has been operated during the past probationary year in compliance with these regulations, the zoning certificate shall be renewed for a period of three (3) years.
(b) Appeals. An applicant may appeal any administrative decision or determination of the Planning, Building and/or Fire Department that the proposed home occupation does not comply with the criteria and limitations pursuant to Section 1143.08(d).
The appeal process shall be used to present to Council information which clearly demonstrates that the proposed home occupation is one which does comply with the criteria and limitations in Section 1143.08(d). It is expected that the information presented in any appeal will be technical and/or objective in nature.
(c) Variances. Variances shall not be granted from the actual criteria and limitations set forth in Section 1143.08(d).
(d) Criteria and Limitations. Home occupations are subject to the following criteria and limitations.
(1) The home occupation shall be secondary in importance to the use of the dwelling for dwelling purposes.
(2) Any on-site business related in any manner to the home occupation shall be conducted by the occupant with no more than one employee, associate, or contractor working on or reporting to work on the premises who does not reside in the residence.
(3) The business activity, including the storage of equipment, supplies or any other apparatus used in the home occupation shall be carried on entirely within the dwelling and not in an accessory building or garage except that storage of equipment and supplies may be carried on in a garage to the extent that at all times the number of vehicles for which the garage was designed to accommodate shall be able to be parked in such garage.
(4) The home occupation shall occupy no more than a total aggregate area of twenty percent (20%) of the floor area of the dwelling unit; said aggregate area not to include the area of basements, unfinished attics or attached garages.
(5) Any activity, material, goods, or equipment indicative of the proposed use, except employee and customer vehicles, shall be carried on, utilized or stored within the dwelling unit or garage and not be visible from any public way or adjacent property.
(6) The proposed use shall not generate any noise, odor, dust, smoke or electromagnetic interference outside the dwelling.
(7) There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation except for one sign identifying the permitted home occupation in compliance with the Sign Regulations set forth in Chapter 1183.
(8) On-site customer/client contact for any type of home occupation is limited to one appointment at any time. No appointments shall be scheduled between the hours of 10:00 p.m. and 8:00 a.m.
(9) The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire. The proposed home occupations set forth in subsection (a)(2) above are subject to building inspections by the City Engineer, City Planning Director and Fire Inspector (or their representatives) to ensure that the established standards and limitations set forth for home occupations are complied with.
(10) The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.
(11) No on-street parking shall be permitted in conjunction with the home occupation. Customer and employee parking shall be limited to the driveway area only or shall be accommodated behind the building line.
(12) No more than two client/customer vehicles or vehicles belonging to employees shall be permitted on the premises at any one time. This includes any employee engaged in the home occupation who does not reside on the premises but reports to work at and parks his or her vehicle at said premises.
(e) Extensions. Zoning certificates for home occupations shall be extended by the Planning Department for a period of three (3) years if the Planning Director determines that the home occupation continues to comply with the home occupation regulations. Before issuing an extension, the Planning Director may seek advice from the Building and Fire Departments.
(f) Home Occupations Not Requiring a Zoning Certificate. A zoning certificate shall not be required for home occupations that comply with all of the criteria and limitations set forth in 1143.08(d) and the following limitations.
(1) No on-site customers; and
(2) No on-site employees who do not reside in the home.
(Ord. 2007-222. Passed 1-10-08.)