[Added 3-26-1996 by L.L. No. 2-1996[1]]
[Amended 4-8-1997 by L.L. No. 3-1997]
As used in this chapter, the following terms
shall have the meanings indicated:
Any business, professional, artistic or educational activity conducted within a dwelling unit or building accessory thereto in Residence A or C Zoning Districts by any of the residents of such dwelling unit, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which use is clearly incidental and subordinate to the use of the dwelling unit for dwelling purposes and does not change the character thereof, and subject to the limitations in §§ 310-73 and 310-74.
[Amended 4-8-1997 by L.L. No. 3-1997]
A home occupation not having employees, customers
or other persons who regularly visit the premises for business purposes
is permitted as of right in all Residence A and C Zoning Districts,
subject to the following conditions:
A.
The home occupation neither involves manufacturing
or assembly of parts, nor sale, merchandising, trade or barter to
or with persons who come to the premises.
B.
There is no display of goods, supplies or advertising
visible from any street and no outdoor storage of goods or supplies.
C.
No person is employed or otherwise engaged on the
premises in the conduct of the home occupation on a regular basis
who does not reside in the dwelling unit.
D.
Patients, clients, customers or students do not visit
the premises for business purposes on a regular basis.
E.
Delivery or pickup of parcels is not significantly
more frequent than would be expected for a residence without such
home occupation.
F.
The space used within the dwelling unit and any accessory
building that is dedicated to the home occupation does not occupy
in the aggregate more than the lesser of 1/4 of the total floor area
of the dwelling unit and accessory building, or 350 square feet in
one building or 500 square feet in the aggregate for both buildings.
G.
The home occupation is not carried on in the area
outside of the dwelling unit and any accessory building.
H.
There is no offensive noise, vibration, smoke, dust,
odor or other emission and no lighting or heat generated by the home
occupation noticeable to persons on nearby premises; and there is
no electrical, television or radio interference to neighboring properties
and no storage for sale or sale of firearms, ammunition or dangerous
materials.
I.
The home occupation does not add significantly to
the quantity of waste material that would be expected for a residence
without such home occupation.
[Amended 4-8-1997 by L.L. No. 3-1997]
A home occupation having employees, customers or other persons who regularly visit the premises for business purposes, or which otherwise does not meet the requirements of § 310-73, is a special use for which the Board of Appeals is authorized to grant a special use permit in all Residence A and C Zoning Districts as hereinafter provided. The Board of Appeals may prescribe reasonable rules and regulations for the operation of such home occupation.
A.
The Board of Appeals is authorized to approve special
use permits for conducting one or more home occupations (whether or
not incorporated) in a dwelling unit serving as the principal building
or in an accessory building on any lot in a Residence A, B or C District,
for one or more offices, places of business or studios of one or more
persons residing in the principal dwelling on the lot on which any
such office, place of business or studio is located:
(1)
Provided that the Board shall find that:
(a)
Such use is merely incidental and subordinate
to the use of such dwelling unit for residential purposes.
(b)
The space dedicated to the carrying on of all
such professions, businesses or occupations does not occupy in the
aggregate more than the lesser of 1/4 of the total floor area of the
dwelling unit and accessory building, or 350 square feet in one building
or 500 square feet in the aggregate for both buildings.
(c)
There shall be no display or advertising on
the premises in connection with such use except for one nonilluminated
nameplate not over one square foot in area, with letters not exceeding
1 1/2 inches in height.
(d)
There shall be no more than one employee or
other person for each home occupation who does not reside in the dwelling
unit working at any one time in the conduct of the home occupation
on a regular basis in the office, place of business or studio, whether
located in the dwelling unit or accessory building.
(e)
Any musician's or artist's studio shall be equipped
and used in such a manner that sounds or emissions therefrom shall
not be unduly annoying to other persons on nearby premises or public
places.
(f)
There shall be no offensive noise, vibration,
smoke, dust, odor or other emission and no lighting or heat noticeable
to persons on nearby premises; and there shall be no electrical, television
or radio interference to neighboring properties and no storage for
sale or sale of firearms, ammunition or dangerous materials.
(g)
The home occupation shall not add significantly
to the quantity of waste material that would be expected for a residence
without such home occupation.
(h)
The Board shall determine the number of off-street
parking spaces that must be provided, their location on the lot and
the screening which shall be provided. The home occupation shall be
so conducted that on-street parking shall not exceed what would be
expected for a residence without such home occupation, and, if it
is not so conducted, the special use permit shall be subject to revocation.
(i)
The proposed office, place of business or studio
and the parking and traffic incident thereto:
[1]
Will not create or aggravate hazards or dangers
to the public or to persons in the vicinity.
[2]
Will not be incongruous or detrimental to the
prevailing residential character of the neighborhood.
[3]
Will not impair the use, enjoyment or value
of adjacent residential properties.
[4]
Will not detract from the appearance of the
area.
(2)
Factors considered in determination; conditions; applicability
and expiration of permit.
(a)
In making any determination whether to approve
or deny a special use permit for home occupations, the Board shall
take into account, among other factors, the proximity of schools and
other such offices, places of business and studios, and the Board
may deny such permit if in its judgment, the number of such offices,
places of business and studios in the immediate neighborhood will
have an adverse effect on the health, safety or general welfare of
the neighborhood. In addition, in granting any such permit, the Board
of Appeals may impose reasonable conditions consistent with preserving
the character of the neighborhood and the public health, safety, morals
and general welfare of the community and make findings appropriate
to the conditions imposed. Among the limitations which may be imposed
are:
[1]
The time of day and days of the week when patients,
clients, customers or students may visit the premises and the frequency
of such visits.
[2]
Subject to Subsection A(1)(d) above, the number of employees or other persons that may be employed or engaged at the office, place of business or studio.
[3]
The number of home occupations that may be conducted
on the premises.
[5]
The length of time for which the permit is issued.
[6]
A requirement that visitors must have scheduled
appointments.
[7]
A limit on the number of vehicles that may be
parked in the driveway or designated parking area of the premises
at any one time.
[8]
A requirement that existing driveways must be
expanded, or may not be expanded, to accommodate visitor parking.
[9]
Restrictions on public advertising inviting
patients, clients, customers or students to visit the premises at
will if the premises are identified in such advertising by specific
address.
[10]
Provided, however, that any permit granted by
the Board of Appeals shall apply only to the use described in such
permit, and it shall expire upon the termination or modification of
such use.
(3)
Nothing in this article shall be deemed to affect
the status or validity of any previously approved special use permit
for a professional office or studio. Similarly, this article will
have no effect on any legal nonconforming professional office or studio,
provided that evidence can be supplied to the satisfaction of the
Building Department that the professional office or studio was established
prior to August 30, 1957, and has been in continuous use since that
date.
A.
Home occupations permitted as of right for which employees,
customers or other persons may not visit the premises for business
purposes on a regular basis:
(1)
Registration to conduct a home occupation may, at
the registrant's option, be submitted to the Building Department,
together with a fee as established by the Board of Trustees, and with
a plan indicating the area within the dwelling or accessory building
to be utilized to conduct the home occupation.
(2)
The home occupation registration submitted to the
Building Department shall apply only to the use and the person(s)
described in such registration, and may not be transferred to a future
owner or tenant of the dwelling unit.
[1]
Editor's Note: Former § 310-76,
Termination, was repealed 6-23-1998 by L.L. No. 12-1998.
