(A) Purpose. The purpose of these provisions is to allow where appropriate limited, nonresidential activities in residential structures that are compatible with the neighborhoods in which such structures and related home occupation activities are located. The standards provided for in this section are intended to ensure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood.
(B) Permitted use. A home occupation use shall be permitted within a dwelling unit provided the occupation does not occupy more than 20% of the gross floor area or 200 square feet of the dwelling unit, whichever is larger, and provided the following criteria are met. The following requirements shall apply to permitted home occupation uses.
(1) The home occupation shall only be conducted within a principal structure and shall not be conducted within an accessory use or structure.
(2) The external appearance of the principal structure shall not be altered and the home occupation within the residence shall not be conducted in a manner which would cause the premises to differ in any way.
(3) No more than one nonresident employee shall be engaged in such home occupation.
(4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televisions receivers off the premises, or causes fluctuations in line voltage off the premises.
(5) There shall only be limited sales on the premises of goods produced on the premises.
(7) There shall be no outside storage of any kind related to such home occupation.
(8) Specialized tutoring or instruction shall be limited to one individual in the principal structure during the tutoring or instruction.
(9) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as to use as specified under §§ 153.230 through 153.237, and shall not be located in front of the building line.
(C) Conditional use. It is recognized that there may exist certain home occupations that fail to meet the criteria of division (B) of this section, but which may be appropriate for a residential area provided the following additional criteria are met through the conditional use procedure of § 153.042, including the requirements therein.
(1) Requirements. Home occupation conditional uses shall be limited by the following criteria and/or any other conditions as determined by the Planning Commission in order to protect the residential character of the subject area.
(a) There shall be no more than three nonresident employees.
(b) The conduct of the home occupation may be approved within a structure accessory to the principal structure.
(c) Sales of commodities not produced on the premises may be permitted provided such commodities are specified and approved as a part of the application for a conditional use, and provided the Planning Commission determines that such sales will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, noise, vibration, glare, fumes, odors, or electrical interference or any other factor resulting in an adverse impact.
(d) Organized instruction may be permitted provided the class size does not exceed six pupils during any one period of instruction, provided the Planning Commission determines that such organized instruction will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, on-street parking, or any other factor resulting in an adverse impact.
(e) No outside storage of any kind associated with a home occupation conditional use shall be permitted unless it is totally screened from the adjacent residential lots and the abutting streets.
(2) Validity. For the purposes of this chapter, a home occupation conditional use ceases to be valid once the premises used for the home occupation is no longer occupied by the holder of the certificate of zoning compliance or upon the conduct of a home occupation in a manner not approved by the Planning Commission.
(Ord. 96-152, passed 10-7-1996)
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