[Ord. No. 3216, 12-5-2022]
The purpose of this Chapter is to protect the public health
and safety and to ensure that business activities are compliant with
all State and Federal laws. Specifically, a home occupation located
in a neighborhood zoned and developed for residential use shall be
conducted such that a reasonable neighbor would not be aware of its
existence or be disrupted by it. It is the intent of these regulations
to protect and maintain the residential character of the neighborhoods
in the City of Chesterfield.
[Ord. No. 3216, 12-5-2022]
A.
The
operation of no-impact home occupations as defined below shall be
permitted. Any home occupation that does not fall within the definition
of a no-impact home occupation set forth below shall be prohibited
from operating in a residential district or residential planned district.
A home occupation qualifies as a no-impact home occupation 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 City;
e.
Occur inside the residential dwelling or in the yard of the residential
dwelling;
f.
Are not visible from the street; and
3.
To qualify as a no-impact home occupation, the following conditions
must be met:
c.
Trash. Home occupations may not generate trash or refuse that exceeds
normal residential trash and refuse.
d.
Outdoor Storage. Outdoor storage of equipment, inventory, or other
supplies for the home occupation is prohibited.
e.
Disposal Of Solid Waste. Solid waste must not be deposited, stored,
or otherwise maintained on the property.
f.
Parking. Home occupations must comply with all restrictions on parking
including but not limited to Schedule VII, Table VII-A, Parking Restrictions,
and all customer parking must be located off of any public street.
g.
Public Health And Safety. Home occupations shall adhere to all City
ordinances and regulations related to the public health and safety
including but not limited to fire and building codes, health and sanitation,
transportation or traffic control, solid or hazardous waste, and pollution.
h.
Compliance With Laws. Home occupations shall comply with State and
Federal laws including paying applicable taxes.
i.
Deliveries. All deliveries related to the home occupation shall be
made between the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall
not be made by a vehicle that exceeds the size and/or weight rating
for the street.
B.
Whenever it comes to the attention of the City, or the City receives an allegation of the existence of a violation of the no-impact home occupation regulations of this Section, the City shall investigate and make a determination as to whether said home occupation has violated this Section and whether said home occupation qualifies as a no-impact home occupation. If a violation of Section 625.010(A) is found to exist, the City Director of Planning or the City Director of Planning's designee shall notify the owner, lessee, or person engaged in the home occupation that the activity occurring on the premises does not comply with Section 625.010(A) and either: (a) issue a warning that further violations could result in a loss of the ability to continue the home occupation, or (b) provide a notice of hearing as described below. The Director of Planning shall only issue a warning letter in situations where there has been an isolated violation of Section 625.010(A).
C.
The notice of hearing described in Subsection (B) shall contain:
1.
Address or description of the property;
2.
Ordinance number and a copy of the ordinance being violated;
3.
Nature of the violation of the no-impact home occupation regulations;
and
4.
Notice that the hearing will determine whether the home occupation
qualifies as a no-impact home occupation and that a finding that the
home occupation does not qualify as a no-impact home occupation will
result in an order prohibiting the continued operation of the home
occupation.
D.
The City Administrator or the City Administrator's designee shall serve as the Hearing Officer and hold the hearing referenced in Subsection (C) above at the time and place indicated in the notice of hearing. The Hearing Officer shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The Hearing Officer shall prepare findings of fact, conclusions of law, and an order stating whether the home occupation qualifies as a no-impact home occupation. If the Hearing Officer finds that the home occupation does not qualify as a no-impact home occupation, the Hearing Officer has the authority to enter an order prohibiting the continued operation of the home occupation and to order the abatement of any violation of Section 625.010(A). The decision of the Hearing Officer may be appealed to the City Council within ten (10) days of the posting of the Hearing Officer's notice on the property.
E.
Home occupations that have been found to not qualify as no-impact home occupations pursuant to Subsection (D) above may be issued a notice of violation. Nothing contained in 625.010 shall preclude the City from any other remedy including but not limited to filing a civil suit, seeking an injunction, or taking other actions as permitted by law.
1.
Summons, Service Of. The City may issue a notice of violation in
Municipal Court, directed by name to the owner, lessee, or person
engaged in the home occupation for subsequent violations of the no-impact
home occupation regulations following a determination that a home
occupation is not a no-impact home occupation, and such summons shall
show:
a.
Address or description of property on which the violation occurred
or is located, and such other information as may be available to the
City;
b.
The ordinance which is being violated and setting forth in general
the nature of the violations; and
c.
Date on which the case will be on the Municipal Court docket for
hearing.
