(A) Home occupation. A home occupation may be permitted as an accessory use to accompany a residential use by the grant of an improvement location permit issued by the Executive Director, subject to the requirements of this section and § 153.066.
(1) General provisions.
(a) A home occupation shall be permitted when said occupation is conducted on residentially used premises (in a district where business uses are not permitted) is considered customary and traditional, incidental to the principal use of the premises as a residence, and not construed as a business.
(b) Home occupations shall be of a personal service nature limited to domestic crafts and professional service, including, but not limited to:
1. Such domestic crafts, as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, custom home furnishings work, carpentry work, and furniture repair; and
2. Such professions or occupations as law, medicine, architecture, engineering, planning, real estate, insurance, notary public, manufacturer’s agent, clergy, writing, painting, photography, and tutoring; provided, however, the service is limited to advice and consultation and the premises are not used for the general practice of the profession or occupation.
(c) For purposes of this chapter, law offices, real estate and insurance offices, clinics, doctors’ offices, barber shops and beauty parlors, dress shops, millinery shops, tourist homes, animal hospitals and kennels, trailer rentals, among others, shall not be deemed to be permitted home occupations unless such home occupations meet the requirements of this section.
(d) Home occupations shall be subject to all the regulations of the applicable district in which they are located.
(e) Home occupations shall not adversely affect the residential character of the district or interfere with the reasonable enjoyment of adjoining properties.
(2) Standards.
(a) The primary use of the structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.
(b) The operator conducting the home occupation shall be the sole entrepreneur, and he or she shall not employ any other person other than a member of the immediate family residing on the premises.
(c) No structural additions, enlargements, or exterior alterations changing the residential appearance to be a business appearance shall be permitted.
(d) No more than 25% of the floor area of any one story of the dwelling unit shall be devoted to such home occupation.
(e) Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence. No home occupation shall be conducted in any accessory building.
(f) No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
(g) No provision for more than one extra off-street parking or loading facility, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities and no additional driveway to serve such home occupations shall be permitted; provided, that a doctor’s office (if allowed by the Board) may have additional parking facilities.
(h) No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of the resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one (2) square feet in total sign facing surface area.
(i) No stock in trade or commodities, other than those prepared, produced, or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
(j) No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises, or violate the general performance standards of § 153.011.
(k) There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No deliveries by semi-tractor/trailer trucks are permitted.
(l) Trucks with business signs are not permitted from being parked on the street or within 30 feet of the curb. Business vehicles cannot be bigger than a pickup and must be parked off the street.
(m) Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chainsaws, and other small engines), or of large appliances (such as washing machines, dryers, and refrigerators), or any other work related to automobiles and their parts is not a home occupation and is prohibited.
(n) Accessory home occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.
(B) Sexual-oriented business; adult business uses; specifically. Adult arcade, including peep shows; adult bookstore, adult novelty store, or adult video store; adult cabaret; adult dance studio; adult hotel or adult motel; adult motion picture theater (indoor or outdoor); adult theaters; and massage parlors are special exceptions and shall be processed in accordance with the special exception procedure and requirements set forth in § 153.014 and the additional requirements of this section.
(1) Locational regulations. No person shall establish or cause or permit to be established a sexually-oriented business premises within 1,000 feet of another sexually-oriented business; within 1,000 feet of any public or private school, public park or recreation area, public building with programs for minors; or within 750 feet of a church or religious facility, or the boundary of a residence district or any single-family or multi-family residential use, or a hospital or other medical facility, or properties listed on the National Register of Historical Places or local historic districts as identified by the State Historic Preservation Program.
(2) Distance measurements. For the purpose of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually-oriented business is conducted, or to the nearest property line of the premises where a sexually-oriented business is conducted, or to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, residential lot, hospital, or other medical facility, or properties listed on the National Historic Register or local historic districts as identified by the State Historic Preservation Program. For the purpose of measuring the distance between any two sexually-oriented businesses, the distance shall be measured in a straight line without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
(3) Improvement location permit; conditions of application.
(a) The applicant shall be the operator of the proposed adult business.
(b) The application must also be signed by the property owner if different from the applicant.
(c) The application shall include the property owner’s and the applicant’s mailing address, and the name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.
(d) The application shall list the legal form of the applicant, e.g., individual, partnership, corporation:
1. If the applicant is an individual, the application shall list his or her legal name, and any aliases;
2. If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names of all partners, and all aliases used; and
3. If the applicant is a corporation, the application shall list the full and complete corporate name, the legal names, and all aliases used by officers, directors, and principal stockholders (i.e., all stockholders with 10% or more of all outstanding shares).
(e) The application shall include a description of the proposed use, including reference to definitions in this section.
(f) The application shall include a statement that the locational regulations of division (B)(3)(a) above have been satisfied using the method of measurement described in division (B)(3)(b) above.
(g) The application shall include accurately scaled plot plans indicating the structure in which the adult business is to be conducted and identifying and locating all land uses and property lines within a radius of 3,250 feet of the structure.
(h) If the adult business proposes to operate a viewing booth(s), the applicant shall submit a diagram of the interior premises. See definition of “viewing booth” in § 153.004 for additional requirements.
(4) Developing and performance standards. Adult businesses shall comply with all of the following development and performance standards.
(a) Advertisements, displays, or other promotional materials depicting or describing, specified anatomical areas, or specified sexual activities, or displaying instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities shall not be shown or exhibited so as to be visible from other areas open to the general public.
(b) All building openings, entries, and windows for an adult business shall be located, covered, or screened in such a manner as to prevent a view into the interior of an adult business from any area open to the general public.
(c) All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
(d) No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernable by the public beyond the walls of the building in which the adult business is conducted.
(e) No residential structure or any other nonconforming structure shall be converted for use as an adult business after enactment of the provisions of this section.
(f) 1. An on-site security program, including the required interior and exterior lighting plans, shall be prepared and implemented.
2. The security program shall include the following:
a. The presence of an on-site manager during all business hours;
b. All off-street parking areas and building entries serving the adult business shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot-candle of light on the parking surface and/or walkway. In the event the adult business shares its parking with other businesses, this requirement shall only apply within a radius of 100 feet from any entrance into the adult business; and
c. All interior portions of the adult business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two foot-candles of light at the floor.
(g) All exterior areas of adult businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner.
(h) An adult business shall not remain open for business, or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 8:00 a.m. of any particular day. These hours of operation may be further restricted by the Area Board of Zoning Appeals.
(5) Improvement location permit; denial. The Executive Director shall deny the application for an improvement location permit for any of the following reasons.
(a) The application does not meet the standards set forth in this section.
(b) An application has failed to provide information required on the application for the issuance of the improvement location permit or has falsely answered a question or request for information on the application form.
(c) The premises to be used for the adult business have not been approved as being in compliance with health, fire, and building codes by the department or agency responsible under law for investigating said compliance.
(d) The required application or permit fees have not been paid.
(e) The proposed location is in violation of, or is not in compliance with, any or the provisions of this section including, but not limited to, the locational requirements for an adult business under this section.
(f) The granting of the application would violate a town or county, state, or federal statute, ordinance, regulation, or court order.
(g) The applicant has had an improvement location permit under this section revoked within the preceding 12 months.
(h) The proposed use does not conform to the requirements of this chapter and any other provisions of the county, or the Town of Vevay or the Town of Patriot Codes, as the case may be.
(i) The applicant has applied for an improvement location permit for a particular location within a period of 12 months from the date of denial of a previous application for an improvement location permit at the same location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial.
(6) Improvement location; revocation.
(a) Any improvement location permit issued pursuant to the provisions of this section may be revoked in accordance with the procedures set forth below.
(b) The Executive Director shall report all facts and information relating to the alleged violation(s) of this section or of the conditions of the proposed improvement location permit to the Area Board of Zoning Appeals, who shall set the matter for a public hearing at the first available regularly scheduled meeting of the Board not less than two weeks, nor later than 30 days after receipt of the report.
(c) Written notice of hearing on the proposed improvement location permit revocation together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the address on the permittee’s application for the improvement location permit at least ten days prior to the hearing.
(d) The improvement location permit shall revoke an improvement location permit if it makes one or more of the following findings:
1. The use for which the improvement location permit was granted is being exercised in violation of any of the provisions of this section;
2. The use for which the improvement location permit was granted is being exercised contrary to the terms or conditions of such permit;
3. The permittee gave fraudulent or misleading information in the materials submitted during the application process that tended to enhance the applicant’s opportunity for obtaining an improvement location permit;
4. The use for which the improvement location permit was granted is being exercised so as to be detrimental to the public health and safety;
5. The use for which the improvement location permit was granted is being exercised so as to constitute a nuisance;
6. The use for which the improvement location permit was granted has ceased to exist for one year or more; and
7. The use for which the improvement location permit was granted is being exercised contrary to or in violation of any town or county, state, or federal statute, ordinance, regulation, or court order.
(e) The Area Board of Zoning Appeals, following the termination of the public hearing, shall not later than its next regular meeting, unless this time limit is extended by agreement of the parties having an interest in the proceedings, act to revoke the improvement location permit or modify the conditions of the improvement location permit or determine not to revoke or modify the improvement location permit.
(7) Applicability to other regulations. The provisions of this section are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other parts of this chapter and any other county or town codes or ordinances, and state and federal law.
(Ord. passed - -1996)