(a) Purpose.
(1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the Municipality.
(2) In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property.
(b) Home Occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.
(1) Standards for home occupation. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this Zoning Code and complies with the following restrictions or standards:
A. No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential or Planned Residential District.
B. No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.
D. The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or shed, whether attached or unattached, shall not be used for home occupations.
E. No mechanical or electrical equipment shall be used except normal domestic or household equipment, computers, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any home occupation that otherwise meets the requirements of this section.
F. No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
G. There shall be no outdoor storage of equipment or materials used in the home occupation.
H. Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.
I. The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.
J. Trucks, vans, automobiles or other mobile equipment used in the home occupation shall not be parked in side or open yards and all automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises.
(2) Permit. All persons conducting home occupations which are presently existing or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the Village Zoning Inspector. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two-year period thereafter. The fee, in such amount as required, may be established by Council from time to time, shall be paid to the Municipality for each permit.
(c) Condition of Premises. No property owner(s), user(s), contractors, or resident(s) shall:
(1) Cause or permit waste, garbage, trash, junk or any debris such as scrap lumber, unused motor vehicle parts, scrap building materials, unused tires, or other material to accumulate or remain on their property.
A. All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable, secure, solid-walled enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within 10 days of the issuance of the occupancy permit or within ten days of cessation of active construction work.
(2) Permit commercial vehicles or non-private passenger vehicles in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction.
A. All motor vehicles at the premises, whether private, passenger, commercial or other, shall be parked on driveways or paved area or concealed from public view in private garages, carports, etc.
B. All motor vehicles in public view on the premises shall be in operating condition and in compliance with all motor vehicle safety, equipment, registration and licensing laws, including the display of current tags and validation stickers.
C. Commercial vehicles, motor homes, trailers, and boats and non- private passenger vehicles that are parked on a driveway must be parked a minimum of (20) twenty feet from the edge of the public right of way.
(3) Fail to keep the exterior of all residential and commercial premises in good condition and well maintained, and such persons shall, within a reasonable time after notice, remove or remedy all unsightly, dirty or unsafe conditions.
(4) Fail to keep all lots mowed as often as necessary to prevent pestilence, insect infestation, fire hazard, and to discourage use of the property for dumping or landfill purposes.
A. All such property shall be kept free of hazardous and unhealthy accumulations of water and other conditions affecting the health and welfare of residents of the Municipality of West Jefferson.
B. In those instance where such property is being used contrary to West Jefferson zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with Municipal officials.
C. All lots shall be kept seeded or maintained in such a manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris.
(d) Corrective Action by Municipal Officials.
(1) All violations of this Ordinance which remain un-corrected after not less than ten (10) days notice to the owner or resident, may be corrected by the Municipality of West Jefferson, or by any person, firm or organization selected by the Municipality, and the cost thereof shall be paid by the owner of such property within thirty (30) days.
(2) Any such charges which remain unpaid after the (30) thirty days may be collected in any manner provided by law and shall be certified by the Administration to the Madison County Auditor to be charged as a lien against the property.
(3) Violations occurring on construction sites may result in the issuance of a stop work order until the site is brought into compliance.
(e) Penalty. Whoever violates any provision of this section, in addition to any other cost or charge is guilty of a minor misdemeanor. Each day that such violation continues shall constitute a separate offense.
(Ord. 22-089. Passed 12-5-22.)