Unless otherwise specified, the Zoning Board of Adjustment shall
permit a use by special exception, subject to the following conditions:
A.
The use requested is listed as permitted by special exception in
the Table of Permitted Principal or Accessory Uses[1] for the district in which the use is requested or is so
similar to other uses permitted by special exception in the relevant
district that prohibition of the proposed use could not have been
intended.
B.
The proposed use meets all the applicable requirements established
in this chapter.
C.
The proposed use is consistent with the purpose and intent of the
district in which it is proposed to be located.
D.
The proposed use is compatible with the character of the surrounding
neighborhood.
E.
Nonresidential principal uses proposed to be located in residential
districts must take primary access from arterial or collector roads.
[Amended 3-13-2007 by Amdt. No. 3; 3-10-2009 by Amdt. No. 3]
Home occupations are defined by the Zoning Ordinance as "any
activity carried out for gain by a resident in their dwelling unit,
and such activity is a secondary use to the residence." The intent
of providing a home occupation special exception is to allow for growth
and development of a small in-home business while maintaining the
character of residential areas. The applicant acknowledges that if
the business grows and no longer meets the listed requirements, the
business shall be moved to an appropriately zoned location such as
Business, General or Industrial. Home occupations which include sales
or service operations for wholesale goods produced or services provided
on-site shall be permitted only as a special exception. The Zoning
Board of Adjustment must find any such home occupation application
to be in full compliance with the following requirements prior to
approval of such special exception:
A.
The home occupation shall be secondary to the principal use of the
home as the business owner's residence.
B.
The home occupation shall be conducted only by the residents of the
dwelling who reside on the premises. If the applicant is the owner,
the owner must sign an affidavit, stating he/she is the owner, and
the residents of the dwelling are the only individuals conducting
the activities associated with the home occupation. Said affidavit
shall also state that the owner is responsible for any violations
of this chapter. If the applicant is a renter, the owner of the dwelling
must sign an affidavit, stating he/she is the owner, and shall acknowledge
that the home occupation for the premises shall only be conducted
by the current renter(s), who shall be identified on the application.
The owner shall also acknowledge that he/she, as the owner of the
dwelling, is responsible for any violations of this chapter conducted
at said dwelling. Approval of the home occupation special exception
expires with the change of ownership of the property or the rental
agreement in effect at the time the home occupation special exception
was granted. The home occupation special exception is conditional
on the residents of the dwelling and not on the property.
C.
There shall be no employees or "for hire" staff conducting the home
occupation activities, unless the employee(s) also resides on the
premises.
D.
With the exception of day-care businesses, which are allowed to have
outdoor activity, the home occupation business shall be carried out
within the residence and/or within a structure accessory to the residence,
such as a garage.
[Amended 3-8-2022 by Amdt. No. 5]
E.
The requested special exception shall be for an occupation which
is consistent for what is routinely and/or typically done in a home
environment such as a day care, direct office billing, or other activities
that are generally service-oriented or produce goods for wholesale
purposes.
F.
On-site retail sales are an expressly prohibited home occupation
special exception use.
G.
No more than 50% of the finished living space of the dwelling unit
shall be used in connection with the home occupation.
H.
Other than the sign(s) permitted under Article XII, there shall be no exterior display nor other exterior indication of the home occupation, nor shall there be any variation from the primarily residential character of the principal or accessory building.
I.
Exterior storage may be permitted only by special exception, granted
by the Zoning Board of Adjustment, and must be screened from neighboring
views by a solid fence or by evergreens of adequate height and bulk
at the time of planting to effectively screen the area. In situations
where a combination of existing foliage and/or long distances to neighboring
views provide screening, the fencing requirements may be waived at
the discretion of the Board.
J.
Objectionable circumstances, such as, but not limited to, noise,
vibrations, dust, smoke, electrical disturbances, odors, heat or glare,
shall not be produced.
K.
No traffic shall be generated by the home occupation activity that
will be substantially greater in volume than would normally be expected
in the neighborhood.
L.
Parking.
(1)
Parking for the home occupation shall be provided off-street and
shall not be located in the front yard or within the required setbacks
from the side and rear lot lines. Only the existing driveway may be
used for the parking of customers. Customer parking shall be limited
to a maximum of two vehicles at any one time.
(2)
Parking of vehicles used in commerce:
(a)
One registered vehicle used in commerce may be parked at the
principal or accessory structure, and further provided that personal
vehicles used in commerce are excluded from this provision.
(b)
In the B, I and G Zones (pertaining only to the home occupation activity), one registered vehicle used in commerce may be parked at the principal or accessory structure, provided that there are no heavy commercial vehicles which exceed a weight of 13,000 pounds (gross vehicle weight) and the screening requirements of § 334-24I are met, and further provided that personal vehicles used for purposes of commerce are excluded from this restriction.
M.
Approval of the home occupation special exception expires with the
change of ownership of the property or the rental agreement in effect
at the time the home occupation special exception was granted. The
home occupation special exception is conditional on the residents
of the dwelling and not on the property.
N.
The Community Development Director/Zoning Administrator reserves
the right to revoke the home occupation special exception if all conditions
of the special exception are not maintained.
[1]
Editor’s Note: Former § 334-26, Reduction of requirements
for mixed and dual uses; compatibility of uses, was repealed 2-2-2019
ATM, Art. 06, adopted 3-12-2019.
