Amherst Township City Zoning Code
CHAPTER 1130
Home Occupations
1130.01 PURPOSE.
The purpose of this chapter is to permit commercial uses in R-1 Single Family Residence Districts provided that the uses are compatible with the residential character of the neighborhood.
(Ord. 94-60. Passed 6-27-94.)
1130.02 GENERAL STANDARDS.
(a) Home occupations are conditionally permitted uses in R-1 Single Family Residence Districts of the City and are approved by the Zoning Board of Appeals in accordance with the requirements and procedures of this chapter.
(b) Home occupations shall meet the following requirements:
(1) Only one person other than a family member residing on the premises may be engaged in the home occupation on the premises.
(2) The appearance of any structure on the premises shall not be altered nor shall the business within any structure be conducted in a manner which would cause the premises to differ from the residential character.
(3) Accessory buildings may be used for the home occupation but the buildings shall comply with the setback and other requirements pertaining to R-1 Single Family Districts.
(4) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectible to the normal senses off the lot. In case of electrical interference no equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or which causes fluctuations in line voltage off the premises.
(5) No traffic shall be generated by the operation of the home occupation which is greater, as determined by the Director of Public Safety and Service, than traffic volumes normally expected in the heighborhood.
(6) Off-street parking requirements for the District shall apply. There shall be no parking in any front yard.
(7) One nonilluminated sign, erected in compliance with the sign requirements of the Zoning Ordinance, of not more than six square feet shall be permitted.
(8) No space on the premises and outside of a principal or accessory building shall be used for storage or for any home occupation use.
(9) Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(c) The following shall exemplify those uses not considered as home occupations:
(1) Animal hospital;
(2) Barber shop or beauty salon;
(3) Business school;
(4) Clinic or medical center;
(5) Dancing school;
(6) Mortuary;
(7) Private club;
(8) Equipment rental;
(9) Repair or service establishment;
(10) Restaurant;
(11) Kennel; or
(12) Boarding house/tourist home.
(Ord. 94-60. Passed 6-27-94.)
1130.03 HOME OCCUPATION APPROVAL PROCESS.
(a) The home occupation approval process shall consist of the following steps:
(1) Submission of a completed application, materials and fees as provided in Section 1125.03 to the office of the Building Inspector;
(2) The Zoning Board of Appeals shall hold a public hearing;
(3) Approval by the Board; and
(4) Issuance of the zoning certificate by the Building Inspector in accordance with the requirements of the Board.
(b) Applications for home occupations shall be obtained from the office of the Building Inspector and when completed shall be returned to that office, the application shall consist of the completed form, other required materials and the required fees.
(c) The Building Inspector, upon receipt of the application shall transmit the completed application form to the Board within three working days.
(d) The Board shall give public notice and hold a public hearing all as provided in Section 1125.02.
(e) The Board shall approve, approve with modification or deny the application within sixty days after transmittal by the Building Inspector.
(f) Approval shall not be granted unless all requirements of the R-1 Single Family District and of this chapter have been met.
(g) Any change in the home occupation shall require prior approval from the Board in accordance with the process described in this section.
(h) The Board may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in the Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
(i) The Building Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board.
(Ord. 94-60. Passed 6-27-94.)
1130.04 EXPIRATION OF THE HOME OCCUPATION APPROVAL.
The approval of the home occupation shall expire if within six months after approval their operation of the home occupation has not begun or if the home occupation has been discontinued for six consecutive months.
(Ord. 94-60. Passed 6-27-94.)