[Added 4-19-2004 by L.L. No. 3-2004]
A.
The Zoning Board of Appeals may, upon application
and after a public hearing thereon, permit a home occupation in any
R District subject to the applicant's ability to provide reasonable
evidence that all of the following conditions will be met. A home
occupation shall be limited to one per single-family dwelling.
(1)
The occupation will be conducted entirely within a
dwelling or existing accessory structure.
(2)
The occupation is clearly incidental and secondary
to the principal use of the building and premises.
(3)
The establishment and conduct of a home occupation
shall not change the principal character or use of the dwelling unit
and premises involved.
(4)
No more than one person other than the members of
the immediate family residing on the premises may be employed by the
home occupation business.
(5)
Not more than 25% of the floor area of one story of
the dwelling is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold, other
than incidental supplies necessary for and consumed in the conduct
of such home occupation.
(7)
No storage or display of materials, goods, supplies
or equipment related to the operation of a home occupation shall be
visible from the outside of any structure located on the premises.
(8)
No mechanical equipment is used except such as may
be used for domestic or household purposes (or as deemed similar to
power and type).
(9)
Such home occupation shall not require internal or
external alteration or invoke construction features not customarily
in a dwelling.
(10)
The use shall not generate noise, vibration,
glare, fumes, odors or electrical interference beyond what normally
occurs in the applicable zoning district.
(11)
No traffic shall be generated by such home occupation
in greater volumes than would normally he expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard, unless a concrete or blacktop driveway.
B.
Procedure.
(1)
Application. Application for a home occupation permit
shall be made by the resident to the Zoning Board of Appeals on a
form provided by the Village of Akron and shall be accompanied by
a filing fee as set by resolution of the Village Board.
(2)
Planning Board review. All applications for a home
occupation permit shall be reviewed by the Village Planning Board,
which shall report its recommendations to the Zoning Board.
(3)
Zoning Board review and public hearing. After considering
the Planning Board's recommendation and after a duly scheduled public
hearing, the Zoning Board may issue a home occupation permit. The
Zoning Board may place any restrictions or conditions on the permit
to protect the interest of the public and the Village of Akron. Notices
of the public hearing shall be mailed by the Village Clerk to adjacent
property owners.
C.
Permit renewal.
(1)
The time limit for the home occupation permit shall
be two (2) years.
(2)
Requests for renewal shall be submitted in writing
to the Zoning Board, accompanied by a fee as set by resolution of
the Village Board, a minimum of 30 days prior to the expiration of
the currently valid home occupancy permit.
(3)
The request shall be reviewed and an inspection made
of the property by the Building Inspector to verify continued compliance
with the necessary criteria and conditions established with the initial
approval.
(4)
The Building Inspector shall report his or her findings
to the Zoning Board, which, upon a determination of compliance and
a duly scheduled public hearing, may renew the home occupation permit
for two years.
D.
Voiding of permit.
(1)
The Zoning Board may void any home occupation permit
for noncompliance with the conditions set forth in approving the permit.
(2)
Failure of the applicant to renew the permit shall
result in automatic termination of the home occupation. For renewal,
the applicant must pay the initial application fee and reapply for
another permit.
