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(a) Application. Prior to commencement thereof, an application for a home occupation permit shall be made to the Municipal Administrator or his designee.
(b) Decision by Municipal Administrator. If upon examination of the request for a home occupation permit the Municipal Administrator finds that such a use will conform to the requirements of this chapter, he shall issue a permit for such use within thirty days. If the request for a home occupation permit is denied, the applicant shall be notified within thirty days. The denial of any such application by the Municipal Administrator may be appealed by the applicant to the Board of Zoning Appeals in the manner provided in Section 7.03 of the Waterville Municipal Charter.
(c) Referral to the Board of Zoning Appeals. The Municipal Administrator may, at his discretion, refer the application to the Board of Zoning Appeals. The Board shall give public notice and hold a public hearing on such proposed use in accordance with the procedure outlined in Section 7.03 of the Waterville Municipal Charter. The decision of the Board shall be final.
(d) Record of Home Occupation Permits. A record of all home occupation permits shall be kept on file in the Municipal Building.
(e) Voiding of Permits. The Municipal Administrator may void at any time a home occupation permit for noncompliance with the conditions set forth in approving the permit or with the provisions of this chapter. Notice of such action shall be sent to the person granted the permit by regular mail or by delivering a copy of such notice to the residence where such occupation is carried on and notice shall be deemed to have been given upon mailing or said delivery.
(f) Appeals. Appeal of the Municipal Administrator's decision shall be to the Board of Zoning Appeals as provided for in Section 7.03 of the Waterville Municipal Charter. In the event an appeal to Board of Zoning Appeals is not timely filed or the decision of the Board upon the appeal is adverse to the applicant or permit holder, the home occupation shall not be commenced or shall immediately be discontinued. Notwithstanding the provisions for appeal contained in Section 7.03 of the Waterville Municipal Charter, if the Municipal Administrator in his discretion determines that the home occupation activity being carried on poses a clear and present danger to the health, safety or well being of the occupants or any member of the public, he may direct that such activity immediately cease until otherwise permitted by the Board of Zoning Appeals.
(g) Penalty. Whoever violates, disobeys, neglects or refuses to comply with the provisions of this chapter shall be subject to the penalty provided in Section 1147.99 of this Code. Each day such violation is permitted to continue or exist, including continuation of a home occupation or related activity which the Municipal Administrator has ordered to immediately cease pursuant to subsection (f), above, shall constitute a separate violation. In addition, the Municipal Solicitor is authorized to institute any and all legal actions necessary to enjoin a continued violation of the provisions of this chapter.
(Ord. 33-93. Passed 7-25-94.)