[CC 2000 §8-3-3; Ord. No. 691, 7-28-1986]
A.
Parking Space Requirements. There shall be one (1) off-street
parking space on the premises required for each two (2) persons allowed
to occupy any of the following premises: churches, meeting halls,
premises of fraternal organizations or schools. This off-street parking
must be used exclusively for the purpose of the institution as set
out above unless otherwise authorized by the Board of Aldermen.
B.
Exceptions. Subsection (A) of this Section shall not apply to any current church, meeting hall, premises of fraternal organizations or school located within the City. In event there is an expansion of an existing church, meeting hall, premises of fraternal organization or school in the City prior to any occupancy permit being issued or building permit being issued, it must be shown by that organization that the expanded area has sufficient new parking in addition to the parking already available to the church, meeting hall, premises of fraternal organization or school.
[CC 2000 §6-4-1; CC 1974 §§10-14, 10-52; Ord. No. 648, 8-20-1984; Ord. No. 729, 8-15-1988]
Parking In Proper Parking Areas. It shall be
unlawful for the operator or owner of any vehicle (automobile, motorcycle,
bus, truck, etc.) to park such vehicle in any area except garage,
driveway or right-of-way designated as proper parking area. For the
purpose of this Subsection, a driveway will consist of any blacktop,
concrete, asphalt or graveled area normally used by motor vehicles.
[CC 2000 §8-3-4: Ord. No. 652 §10, 10-15-1984; Ord. No. 1091 §1, 3-14-2005]
Dish antennas are authorized in the City of Vinita Park as long
as the dish structure and its attachments to a building or the ground
meet the applicable requirements of the City's Building Code. There
shall be no fee for a permit to install a dish antenna. Installation
of a dish antenna that is more than eight (8) feet in diameter shall
require approval of the Building Inspector prior to placement, to
ensure proper set-back, and shall not be located in front of the front
building line of any structure.
[CC 2000 §§3-14-1 — 3-14-3; Ord. No. 1048 §§1 — 3, 4-21-2003; Ord. No. 1082 §1, 8-16-2004]
A.
Intent And Purpose.
1.
Generally.
a.
Traditionally, in zoning, certain occupational uses termed "home
occupations" have been allowed in dwelling units. Such uses have been
allowed largely on the basis that such uses are incidental to the
use of the premises as a residence, that the nature of home occupational
uses is such that they are compatible with or even "belong" in the
home or that home occupational uses are of a highly professional nature
involving the use of mental rather than physical capabilities and
are therefore compatible with residential uses.
b.
Unfortunately, as perusal of court rulings on home occupations will
show, all of the above criteria defy precise definition or interpretation.
Definition of home occupations by the above criteria has in some cases
totally prohibited home occupations while in other instances allowed
uses which markedly detract from the residential character of a neighborhood
and thereby infringed upon the rights of surrounding residents.
c.
In reaction to the fact that liberal home occupation ordinances allowing
a wide variety of uses are extremely difficult to administer, enforce
and control, many communities have chosen the alternative to prohibiting
such uses altogether.
d.
It is recognized, however, by this community that certain limited
home occupational uses can be useful to both the general community
as well as the resident-proprietor. Also recognized is the difficulty
of writing an ordinance dealing with home occupations in a "middle-of-the-road"
fashion, which is neither discriminatory or arbitrary. It is hoped
that both the citizens and the courts will recognize these difficulties;
that the former will not abuse the privileges granted within the following
test and that the latter will aid in the enforcement of the sometimes
arbitrary restrictions necessary to preserve residential character
in an expedient manner.
2.
With the above in mind, it is the intent and purpose of this Chapter
to provide for certain types of restricted occupational uses within
residential districts. Only such uses will be allowed which:
B.
Home Occupations — Required Conditions. A home occupation
is any gainful occupation or profession engaged in by an occupant
of a dwelling unit which meets the following conditions and requirements:
1.
In all cases:
a.
A home occupation shall be incidental to the use of a dwelling unit
for residential purposes. No more than five hundred (500) square feet
of the floor area of the dwelling unit may be used in connection with
a home occupation or for storage purposes in connection with a home
occupation. Floor area of a dwelling unit, in this case, shall include
the floor area of all heated and ventilated and thereby habitable
rooms and areas within the dwelling unit, including basements and
habitable attic space.
b.
Only two (2) members of the immediate family permanently residing
on the premises shall be employed or engaged in the home occupation.
c.
In no case shall a home occupation be open to the public at times
neither earlier than 8:00 A.M. nor later than 9:00 P.M.
d.
No more than five (5) people may avail themselves of the services
provided by the home occupation use at a given dwelling unit at any
given moment in time in or at the actual dwelling unit.
e.
No more than one (1) home occupation shall be permitted within any
single dwelling unit.
f.
A home occupation shall be carried on wholly within the principal
building. No home occupation nor any storage of goods, materials or
products connected with a home occupation shall be allowed in accessory
buildings or garages, whether attached or detached, or stored outside.
g.
There shall be no exterior indication of the home occupation or variation
from the residential character of the principal building.
h.
There shall be no deliveries to or from a home occupation with a
vehicle larger than the normal delivery trucks used by UPS, FedEx,
Airborne, etc.
i.
No materials that decompose by detonation shall be allowed in conjunction
with a home occupation.
j.
A home occupation shall produce no offensive noise, vibration, smoke,
electrical interference, dust, odors or heat. A home occupation as
provided by this Section shall be completely contained within the
principal building.
k.
Any noise, vibration, smoke, electrical interference, dust, odors
or heat detectable beyond the property lines or beyond the walls of
the dwelling unit, if the unit is part of a multi-family structure,
shall constitute a violation of the terms of this provision. The judgment
of the Building Official shall be considered decisive and final in
this matter unless formally appealed to the Board of Adjustment within
forty-five (45) days of the Director of Public Works' written determination
l.
In addition to the normal occupancy permit required to occupy a residence,
any person applying for a home occupation license within the City
of Vinita Park shall be required to secure an additional occupancy
permit for the home occupation. The cost of this occupancy permit
shall be twenty dollars ($20.00)
Business home occupancy permit cannot be issued within thirty
(30) days of a residential occupancy permit. Therefore, any resident
with a home occupation shall require two (2) occupancy permits: one
(1) for living in the residence and one (1) for a home occupation
operating out of the residence.
m.
The following occupations are approved to operate as home occupations
and no appearance before the Board of Aldermen shall be required for
approval, if all other requirements are fulfilled. It shall be necessary
to appear before the Board of Aldermen for any occupation not listed
below:
architect/designer
artist
carpet service
caterers
cleaning agencies
computer programming
cosmetic sales
desktop publishing
dressmaker/seamstress
golf club repair
insurance broker
janitor services
landscapers
music tutor
notary public
pet grooming
photographer
real estate agent/broker
self-employed contractor
stock/bond broker
tailor-made clothing
tax consultant/accountant
watchmaker
n.
No home occupations will be allowed in areas zoned "commercial" in
commercial buildings. Any single-family residence located in the commercial
area will be authorized to have in-home businesses; just as in-home
businesses are located in "A" residence areas.
2.
Multi-family dwelling units. Home occupations that
attract customers, clients or students to the premises for sales or
services shall not be allowed in multi-family dwelling units, except
duplexes.
3.
Home occupations that comply with the above conditions may be permitted
in any residential district upon the issuance to the applicant of
a home occupation permit by the Collector.
4.
All home occupations shall be subject to periodic inspections by
the Department of Public Works.
5.
The Director of Public Works shall have the right on thirty (30)
days' written notice to revoke the home occupant business license
if it is deemed in violation of this Chapter.
C.
Violation And Penalty. Any person, firm or corporation failing
to obtain a home occupant license or operating without a business
license shall be subject to a fine of not more than one thousand dollars
($1,000.00).
