10-24-2007 Council Agenda - Laserfiche WebLink

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A. Purpose. The purpose of this subdivision is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this subdivision is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations. While permitted home occupations may be allowed as a matter of right, special home occupations shall require a permit in accordance with the terms of this subdivision. B. Application. Subject to the non - conforming use provision of this Section, all occupations conducted in the home shall comply with the provisions of this subdivision. This subdivision shall not be construed, however, to apply to home occupations accessory to farming. C. Permitted Home Occupations. Home occupations meeting the requirements of E, 1 and 2 below shall not require a permit. However, in the event a permitted home occupation becomes a nuisance, the Council may require it to be licensed under the provisions for special home occupations. D. Special Home Occupation - Permit Procedure. 1. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this subdivision shall require a "special home occupation permit" which shall be applied for and reviewed in accordance with the provisions of Section 921 of this Ordinance. 2. Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. 3. Effect of Permit. A "special home occupation permit" may be issued for a period of one (1) year, after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall be reviewed and subject to approval of the Zoning Administrator. In consideration of an application for license renewal where written complaints have been received or where there has been a change in conditions or violation, the Zoning Administrator shall have the discretion to process the application in accordance with the procedural requirements of the initial special home occupation license. 4. Transferability. Permits shall not run with the land and shall not be transferable. 5. Lapse of Special Home Occupation Permit by Non -Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. 6. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four -fifths (4/5) vote of the full City Council. - 9 4 -