A home occupation may be carried on in a residential
premises without a zoning permit if:
A. The business is carried on only by residents of the
dwelling;
B. There is no exterior evidence of the business; including
signs or vehicles;
C. The business shall not involve substantial deliveries
of products or materials to the dwelling;
D. No visitors or customers appear on site;
E. No waste products are disposed on site, except sanitary
waste incidental to residential use; and
F. There is no structural modification to the building.
A home occupation may be carried on in a residential
premises after obtaining a permit from the Planning and Zoning Commission,
subject to the following:
A. The occupation must be carried on by a resident of
the premises and not more than one nonresident employee on the premises
and must be clearly secondary to the residential use. If the resident
is not the owner of the property, the application shall be cosigned
by the owner.
B. The total floor area utilized by the home occupation
shall not exceed 25% of the total feet area devoted to residential
use or 500 square feet in area, whichever is less; i.e., if the space
devoted to residential use equals 1,000 square feet then 250 square
feet of the 1,000 square feet may be used for the home occupation.
The site plan submitted by the applicant shall provide a dimension
drawing of the floor area of all buildings to be used for the home
occupation.
C. There shall be no external evidence of the operation
of the home occupation except for parking when deemed necessary by
the Commission and a single nonilluminated sign. The necessary parking
shall not exceed two extra parking places. The single sign shall not
exceed two square feet in area.
D. The home occupation shall not create objectionable
appearance, noise, smell, smoke, illumination, vibrations, radio or
television interference or any other objectionable condition which
might have deleterious effects on the neighborhood.
E. In reviewing applications for home occupations, the
Commission shall consider the potential hazards produced by increased
traffic generation and the potential effects of such uses on the residential
character of the area and property values.
F. Parking of commercial vehicles related to the home
occupation shall be made in accordance with the applicable provisions
of Article
XXIV as they apply to the zone where the home occupation
is located.
G. The application for a home occupation shall include
proof that notification has been given to all owner of properties
within 200 feet of the lot lines of the subject lot.
H. The permit shall be valid only for the applicant(s)
and is not transferable. The site of the permit shall be visited not
less than every two years by the Zoning Enforcement Officer to check
for conformity with these regulations and any conditions of the permit.
I. The permit may be limited by the Commission as to
hours of operation and/or duration of permit or with such other restrictions
or conditions for termination as the Commission may feel necessary
to protect the public health, safety, convenience, or property values.
J. Any permitted home occupation is subject to revocation
if any condition of the permit is violated. The Zoning Enforcement
Officer shall give a written warning upon discovery of the first such
violation. Fifteen calendar days shall be allowed for correction of
the violation. Any further violation(s) shall be reported to the Commission
for action. The permit holder shall be asked to appear before the
Commission and if it is found that there is a violation of any condition
of the permit, the Commission may revoke said permit. Each successive
day, after the 15 days allowed for correction, shall be considered
a separate violation for the purpose of this section.
K. If the permit is revoked for cause, no new application
for that site shall be accepted until 12 months have passed from the
date of such revocation.
L. Any permitted home occupation use shall terminate:
(1)
By order of the Commission issued upon application
therefor by the original resident applicant or by the owner of the
property concerned.
(2)
If the use authorized thereby shall not have
actually existed (without regard to any intent to abandon or resume)
for a period of one year from the date of cessation or from the effective
date of the grant of such permit, whichever is later.
(3)
If the use authorized thereby is abandoned.
(4)
Upon the happening of any event or the expiration
of any period of time prescribed by the terms of such permit.
(5)
If the original applicant(s) for the home occupation
no longer lives on the property.
M. The authorization of a permitted home occupation use
shall not terminate if the pertinent use ceases by reason of fire
or other casualty, provided that:
(1)
Notice of intent to resume or restore such use
is filed with the Zoning Enforcement Officer within six months after
cessation.
(2)
Such resumption or restoration is made and completed
within two years after cessation.