Editor's Note — Former Chapter 630, Home Occupation License,
which contained Sections 630.010 through 630.120, was repealed 3-20-2023
by Ord. No. 1690. Previously, Ord. No. 934 §1, adopted November
1, 2010, repealed former Ch. 630 derived from CC 1992 §§630.010
— 630.080; and Ord. No. 597 §§2 — 9, 5-1-2000.
[Ord. No. 1690, 3-20-2023]
A. The
intent of this Chapter is to allow home-based businesses in residential
districts to operate in a manner that:
1. Ensures the compatibility of the home-based business with the residential
neighborhood in which they are located;
2. Maintains and preserves the residential character of residential
neighborhoods; and
3. Guarantees all residents freedom from excessive noise, excessive
traffic, parking congestion, nuisance, fire hazard, and other possible
effects of commercial uses being conducted in residential areas.
[Ord. No. 1690, 3-20-2023]
A. Definitions.
As used in this Chapter, the following terms shall have the meanings
provided below:
GOODS
Any merchandise, equipment, products, supplies, or materials.
HOME-BASED BUSINESS
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
NO-IMPACT BUSINESS
For the purposes of this Chapter, a home-based business qualifies
as a no-impact, home-based business if:
1.
The total number of employees and clients on-site at one (1)
time does not exceed the occupancy limit for the residential dwelling;
and
2.
The activities of the business:
a.
Are limited to the sale of lawful goods and services;
b.
May involve having more than one (1) client on the property
at one (1) time;
c.
Do not cause a substantial increase in traffic through the residential
area;
d.
Do not violate any parking regulations established by the political
subdivision;
e.
Occur inside the residential dwelling or in the yard of the
residential dwelling;
f.
Are not visible from the street; and
g.
Do not violate any narrowly tailored regulation established under Section
630.040 of this Chapter.
[Ord. No. 1690, 3-20-2023]
A. Home-based
businesses are allowed as no-impact, home-based businesses in residential
districts in the City of Concordia. No zoning authorization or home
occupation permit is required to operate a no-impact, home-based business
in a residential dwelling in a residential district so long as the
following performance standards are satisfied.
1. The owner or operator must provide adequate parking for the no-impact
home-based business. Parking for the no-impact home-based business
may include the driveway or garage of the residence or a paved parking
area located behind the front plane of the residence. Adequate parking
may also include paring on the street; however, if the owner, operator,
family members of the owner or operator, employees, clients, or customers
routinely park in other locations on the street(s) adjoining the residence,
the business shall not be considered a no-impact home-based business.
For the purposes of this Section, the term "routinely" shall mean
more than twice in a given seven (7) day period.
2. The business shall not be considered a no-impact home-based business until the City Water Superintendent has determined proper compliance to the City's Cross-Connection Control Policy (Ch.
705, Article
V, Section
705.600 through Section
705.690).
[Ord. No. 1690, 3-20-2023]
A. Any
person who resides in a residential dwelling may use the residential
dwelling for a home-based business unless such use is restricted by:
1. Any deed restriction, covenant or agreement restricting the use of
land; or
2. Any master deed, bylaw or other document applicable to a common interest
ownership community.
[Ord. No. 1690, 3-20-2023]
A. No
permit shall be required to operate a no-impact home-based business;
however, a business operating in a residence shall be presumed not
to qualify as a no-impact home-based business unless the owner or
tenant provides an affidavit, on a form approved by the City Clerk
stating that the business in question is qualified. No fee shall be
charged for the filing of such an affidavit. The affidavit shall contain
at a minimum, the following:
1. The name of the owner or tenant.
2. The address of the residence.
3. The general nature of the business, including whether the business
is subject to health inspections. If the business is subject to health
inspections, the affidavit must have consent for inspections attached.
4. The maximum occupancy of the residence and a statement that the maximum
occupancy will not be exceeded. It shall be the duty of the affiant
to obtain this number from the Codes Official and provide proof of
the same with his or her affidavit.
5. That the business qualifies as a no-impact home-based business.
6. A statement that the affiant is familiar with the provisions of this
Chapter and will comply with the same.
B. For purposes of ensuring that the business activity is compliant with State and Federal law and paying applicable taxes, no-impact home-based businesses and other home occupation permits shall be required to obtain a home-based or home occupation permit or license. However, all businesses are subject to the requirement of the Business Regulations as required in Chapter
605 of the Concordia City Code.
[Ord. No. 1690, 3-20-2023]
Any person who operates a business in violation of this Section shall, upon conviction, be subject to and punished in accordance with the provisions of Section
100.220 of this Code of Ordinances. Each day of violation shall be considered a separate offense.