[HISTORY: Adopted by the Township Board of the Township of
Putnam 8-18-2010 by Ord. No. 48. Amendments noted where applicable.]
This chapter shall be known and cited as the "Home Occupation
and Home-Based Business Ordinance."
Putnam Township recognizes the need to regulate home occupations
to minimize adverse impacts on adjacent properties and that there
has been a proliferation of more intensive home-based businesses in
areas traditionally used for residential purposes. The Township further
recognizes that home-based businesses have the potential to detrimentally
impact adjacent properties and can be detrimental to public health,
safety and welfare and, in certain instances, may deprive neighboring
residents of the peaceful enjoyment of their property or premises.
The purpose of this chapter is to protect the public health, safety
and general welfare of the residents of the Township from the potential
detrimental impacts from activities associated with home occupations
and home-based businesses.
As used in this chapter, the following terms shall have the
meanings indicated:
Any occupation or business operated on the same property
as a single-family dwelling which is clearly discernible due to the
use of vehicles, equipment or business-related activity that can be
observed from outside of the dwelling, and utilizes equipment, vehicles
or processes of a more intensive nature, such as that used by construction
contractors, landscaping contractors, and similar and that is of a
nature and intensity greater than that of a home occupation.
Any occupation customarily and traditionally conducted entirely
within the dwelling or attached garage where there is no external
evidence of such occupation and operated by the inhabitants thereof
and which is clearly incidental and secondary to the use of the residence
for dwelling purposes.
A.
Home occupations.
(1)
A home occupation shall be authorized without the need to obtain
a permit from the Township, provided the home occupation does not
endanger or infringe upon the health, safety, welfare, or enjoyment
of any other property owner or occupant adjacent to or in the immediate
vicinity of the home occupation by reason of noise, vibration, glare,
fumes, odor, unsanitary or unsightly conditions, electrical interference,
fire hazard, traffic, sales, parking congestion, and outside storage.
(2)
Except for a sign that may be permitted by this chapter, a home occupation
shall not be discernible from the exterior of the single-family dwelling
or attached garage.
(3)
A home occupation shall not be conducted in any manner in an accessory
structure.
(4)
No direct retail sales of goods to customers or patrons is permitted.
(5)
No more than one person who is not a resident of the dwelling or
member of the immediate family residing on the premises may be employed
to work on the property where the home occupation is located. This
does not preclude the use of additional employees who may be employed
by the home occupation but who work in other locations off the property.
B.
Home-based businesses.
(1)
Home-based businesses are prohibited in the Township, except as specifically
permitted by this chapter.
(2)
Except as provided by § 190-8 of this chapter, no home-based business shall be permitted on a lot or parcel of less than three acres.
(3)
A home-based business shall not endanger or infringe upon the health,
safety, welfare, or enjoyment of any other property owner or occupant
adjacent to or in the surrounding area of the home occupation by reason
of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions,
electrical interference, fire hazard, traffic, sales, parking congestion,
and outside storage.
(5)
A home-based business shall not establish a commercial or industrial
use.
(6)
The property upon which the home-based business is located must have
a single-family dwelling as the principal use of the property and
the home-based business must be owned and operated by a resident of
the single-family dwelling located on the property.
(8)
Any outdoor parking of vehicles or equipment designed for conveyance
and used in a home-based business is limited to two vehicles and shall
be located to the side or rear of the principal dwelling. This subsection
shall not apply to the owner's passenger vehicle(s), even if
utilized for the home-based business. Repair of vehicles and equipment,
including storage of vehicles and equipment for repair, is limited
to two vehicles or units of equipment awaiting pickup or repair and
may be stored outdoors, but shall be located to the side or rear of
the principal dwelling. Storage of large equipment shall be prohibited,
unless it is administratively approved by the Zoning Administrator
in writing.
(9)
No more than two persons who are not residents of the dwelling may
be employed to work on the property where the home-based business
is located. This does not preclude the use of additional employees
who may be employed by the home-based business but who work in other
locations off the property.
(10)
Except for an office serving the home-based business, which may be located within the dwelling, the home-based business shall be conducted within one or more attached garage(s) or detached accessory structure(s) meeting all applicable requirements of Chapter 340, Zoning, of the Code of the Township of Putnam. The entire accessory structure may be utilized for the home-based business.
(11)
No more than 40% of the gross floor area of a dwelling may be
utilized for a home-based business.
(12)
Buildings and uses that must meet special building code requirements,
such as automatic fire-suppression systems, explosion proof-construction,
hazardous waste containment systems and other similar requirements,
shall not be permitted.
(13)
Except as provided by this subsection, a home-based business
shall be accessed directly from an arterial or collector road; if
not, any home-based business that is accessed from a private street
or road shall provide the Township with written authorization that
access to the street or road by heavy equipment or trucks has been
approved by the private street or road association or other entity
or owners who are responsible for ownership and maintenance of the
private street or road. A certified copy of the written authorization
shall be kept on file in the Township offices.
A.
Number, area and height. A home occupation shall be allowed one wall sign with a maximum area of four square feet mounted directly to the front wall of the dwelling or attached garage. A home-based business shall be allowed only of the following signs, which must comply with Chapter 340, Zoning, of the Code of the Township of Putnam:
B.
Signs shall not be illuminated.
A.
A person desiring to establish a home-based business or a person
seeking to renew an existing permit shall file an application with
the Township's Zoning Administrator on a form approved by the
Township. An application for renewal must be filed with the Township
on or before the expiration of a valid permit. If an application for
renewal is not filed on or before the expiration of a valid permit,
an application to establish a new home-based business will be required.
B.
Permits issued by the Township Board shall be valid for a period
of one year from the original date of approval, after which a permit
may be renewed on a two-year basis.
C.
Nine copies of the initial application or application for renewal,
along with the required permit fee, must be submitted to the Township's
Zoning Administrator and shall include, at a minimum, the following
information:
(1)
The name and address of the owner of property where the home-based
business is located.
(2)
A detailed description of the home-based business, including the
nature of the business, hours of operation, and the expected number
of employees and their relation, if any, to the owner.
(3)
A scaled sketch of a plot plan depicting the location of the principal
residence on the property, business-related parking and any accessory
buildings that will be used as part of the home-based business and
the location and distance to adjacent property lines and structures.
D.
Review of permit; consideration by Township Board.
[Amended 6-22-2011 by Ord. No. 48-1]
(1)
The Zoning Administrator shall promptly review the application, conduct
a site visit and determine whether the application is complete and
contains sufficient information for consideration by the Township
Board. An application that is incomplete or clearly does not meet
the requirements of this chapter shall be rejected by the Zoning Administrator.
If the Zoning Administrator rejects an application, the decision of
the Zoning Administrator may be appealed to the Township Board. Any
such appeal shall be filed with the Township Clerk within 30 days
following the decision of the Zoning Administrator. The sole issue
on appeal shall be whether the application rejected by the Zoning
Administrator was complete or clearly did not meet the requirements
of this chapter.
(2)
The Zoning Administrator is authorized to request of the applicant
to submit any and all additional material that the Zoning Administrator
reasonably believes may assist the Township Board in deciding whether
to issue a home-based business permit or approve a renewal of an existing
permit within 90 days of application submittal.
[Amended 12-19-2012 by Ord. No. 48-2]
A.
The Township Board may by further resolution adopt a fee schedule
setting forth the required nonrefundable fee for an initial application
to establish a new home-based business and for an application to renew
an existing permit.
[Amended 12-19-2012 by Ord. No. 48-2]
B.
If the Township Board receives an application to establish a new
home-based business, the Township Board shall not consider the application
for approval until it holds at least one public hearing to receive
any public comment regarding the application. The Township shall publish
notice of the hearing in a newspaper of general circulation in the
Township and shall provide notice by first-class mail to owners or
occupants of property within 300 feet of the property where the home-based
business will be located at least 15 days prior to the hearing. Following
the public hearing, the Township Board may refer the matter back to
the Zoning Administrator to obtain additional information from the
applicant, deny, approve or approve with conditions the application.
Any conditions imposed pursuant to this chapter shall be in writing
and made part of the record of approval. If the Township Board refers
the matter back to the Zoning Administrator for additional information,
the Township Board may act on the application at any future public
meeting and no additional public hearings are required.
C.
If the Township Board receives an application to renew an existing
permit for a home-based business, no public hearing shall be required.
However, this section shall not be construed to prevent the Township
Board from holding a public hearing if the Township Board determines
a hearing is necessary. Prior to deciding upon an application for
renewal of an existing permit, the Township's Zoning Administrator
shall conduct a site visit of the home-based business and shall make
a report to the Township Board. Following receipt of the Zoning Administrator's
report, the Township Board may refer the matter back to the Zoning
Administrator to obtain additional information from the applicant,
deny, approve or approve with conditions the application. Any conditions
imposed pursuant to this chapter shall be in writing and made part
of the record of approval.
D.
Permits issued pursuant to this chapter shall not be transferable
and do not run with the land.
[Added 6-22-2011 by Ord. No. 48-1]
Home-based businesses established prior to the effective date of this chapter shall be exempt from the minimum lot size required by § 190-4B(2) of this chapter, provided that the owner makes application to the Township for the establishment of a new home-based business prior to December 31, 2011, and further provided that the owner can meet all of the other requirements set forth in this chapter, including any conditions imposed by the Township Board. If the application is approved, the owner shall be required to file for renewal one year after the original date of application and every two years going forward as set forth in this chapter. If a renewal application is not filed on or before the expiration of the preceding permit, the owner will be required to file an application for the establishment of a new home-based business and will be required to meet every requirement of this chapter, including the minimum lot size required by § 190-4E of this chapter.
Violations of the provisions of this chapter shall constitute a municipal civil infraction. Any person, firm, association, partnership, corporation or entity who is found responsible or admits responsibility for a municipal civil infraction shall be subject to a civil fine and costs. The civil fines are set forth in Chapter 55, Municipal Civil Infractions; Municipal Ordinance Violations Bureau, of the Code of the Township of Putnam, as amended, unless otherwise specified. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this chapter. Each day that a violation of this chapter continues to exist shall constitute a separate violation of this chapter. The Township shall be entitled to its costs, including reasonable attorney fees, from any person that has violated or permitted the violation of any provision of this chapter.
