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HomeMy WebLinkAbout07-306 OCTOBER 9, 2007 FIRST READING OCTOBER 23, 2007 07 -276 07 -306 SECOND READING ORDINANCE (CARRIED 4-2 LOST LAID OVER WITHDRAWN PURPOSE: AMEND CHAPTER 30 ZONING ORDINANCE I HOME OCCUPATION INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENTI PLANNING SERVICES DIVISION PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING ORDINANCE REGARDING HOME OCCUPATION REGULATIONS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-1 (A)(74) definition of a home occupation is hereby repealed and recreated to read: (74) Home Occupation. Any occupation or business conducted from or within a residential dwelling unit or its accessory structure that is clearly incidental and subordinate to the primary residential use. SECTION 2. That new Section 30-35(L) Home Occupation Regulations is hereby created to read: see attached "Exhibit A" SECTION 3. This Ordinance shall be in full force and effect from and after its passage and publication. EXHIBIT A Section 30-35(L) Home Occupation Regulations (1) Purpose The purpose of this subsection is to provide for the regulation of limited non-residential uses conducted within residential living units to ensure their compatibility with surrounding residential properties and uses. (2) Definition Any occupation or business conducted from or within a residential dwelling unit or its accessory structure that is clearly incidental and subordinate to the primary residential use. (3) Uses (a) Permitted Uses (i) Professional home office or art studio. Examples include but are not limited to the offices of architects, attorneys, accountants, realtors, insurance agents, engineers, brokers, potters, sculptors, painters, photographers, etc. (ii) Personal and business services, by appointment only and limited. to no more than 2 clients at any time. Examples include but are not limited to tailoring, catering, small appliance repair, taxidermy, barber services, tattoo/body piercing, locksmithing, etc. (Hi) Retail or wholesale uses, conducted entirely by Internet, mail and/or off- site. (iv) Educational and/or instructional uses, by appointment only and limited to no more than 2 pupils at any time. Examples include but are not limited to art, photography, dancing, music, home crafts, jewelry making, cooking, carpentry, etc. (v) Gardening and other agribusiness where product is produced on the premises but where sales are conducted off-site. (vi) Any use not specifically listed above that is similar in nature and equivalent in impact to those above, as determined by the Zoning Administrator. (b) Prohibited Uses (i) Retail or wholesale use, except as listed above. (ii) Commodity or equipment rental. (Hi) Restaurant, tavern or club. (iv) Amusement/entertainment establishments. (v) Uses involving the care, grooming, breeding or keeping of animals. (vi) Uses that create offensive noise, vibration, odor, smoke, dust, heat, glare or other disturbances other than what is normally produced by a dwelling unit used solely for residential purposes. (vii) Automotive service and/or sales. (viii) Uses that dispatch persons or equipment from the premises, other than the occupant of the residence. (ix) Any use not specifically listed above that is similar in nature and equivalent in impact to those above, as determined by the Zoning Administrator. (4) General Requlations/Standards (a) The home occupation shall be carried on wholly within the residential dwelling unit or accessory structure by: (i) A member of the family residing in said unit. (ii) One (1) person who is not an actual resident of the dwelling unit. (b) No home occupation shall have outside employees and/or customers between the hours of 8:00 p.m. and 8:00 a.m. (c) No mechanical equipment/machinery shall be used other than is usual, customary and incidental to the residence for domestic or hobby purposes. (d) There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation. (i) No vehicles, trailers or other accessory items, other than those permitted for residential dwellings, shall be permitted to be stored on-site. (e) Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises. (f) Permitted home occupations conducted within the residential dwelling unit shall not exceed 20% of the total floor area or 300 square feet, whichever is less. (i) The use of an existing garage or accessory building (shed, utility building, boat house, etc) for the home occupation shall be permitted, with thE~ provision that the property maintains the required number of legal off- street parking spaces, as defined in the zoning ordinance. (g) There shall be no exterior indication that the home occupation exists. (i) No signage or on-site advertising is permitted. (ii) No external alterations or special construction of the premises an~ permitted, such as the creation of a separate or exclusive business entrance. (h) On-Site Parkinq is Required. Parking spaces shall be separate from and in addition to those required for the residential use and shall be required as below: (i) One (1) legal on-site parking space shall be provided for the home occupation use. (ii) One (1) legal on-site parking space be provided for an employee, if applicable. (iii) Driveway/stacked spaces (paved area leading to residential parkin~1 spaces) may be used to satisfy the on-site parking requirements for Cl home occupation. (i) There shall be no commodities sold or services rendered that require receipt or delivery by means other than a passenger vehicle or by U.S. Postal Service, UPS, FedEx or similar delivery service customary to residential uses. (5) Permit Process (a) Permit Required. The use of a residence for home occupation purposes as set forth in this section shall require a permit from the Department of Community Development. (i) The applicant shall submit a completed application and any supporting documentation to the Department of Community Development. (ii) A permit shall not be issued until the Zoning Administrator determines that the proposed home occupation complies with the standards as set forth in this ordinance. (iii) Should the Department of Community Development determine that the proposed home occupation does not conform to the standards, the home occupation application shall be denied. (b) A permit for home occupation is valid for 12 months from the date of issuance. It must be renewed annually, subject to the provisions of this section. (6) Special Permit Provisions (a) Approvals/permits required by other regulatory bodies, such as the Health, Police or Fire Departments must be submitted prior to the issuance of the home occupation permit. (b) A permit for a home occupation is issued to an individual person. It is not transferable to any other resident, address or other occupation. Upon termination of the permit holder's residency, the home occupation permit shall be null and void. (c) A permit for a home occupation shall be revocable by the Zoning Administrator due to failure of the owner/operator to observe all requirements of the permit and/or Zoning Ordinance.