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Hopkins Township City Zoning Code

PROVISIONS APPLICABLE

TO ALL ZONING DISTRICTS

§ 157.035 EFFECT OF ZONING.

   Zoning applies to every building, structure or use. No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with this chapter.
(Prior Code, Ch. XV, § 12.01)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.036 RESTORATION OF UNSAFE BUILDING.

   Subject to the provisions of §§ 157.300 through 157.304 of this chapter, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.
(Prior Code, Ch. XV, § 12.02)  (Ord. 1977-1, passed 10-10-1977)

§ 157.037 AREA, HEIGHT AND USE CONDITIONS AND EXCEPTIONS.

   (A)   Required area or space. A lot or lots in common ownership or a yard, court, parking area or other space shall not be divided, altered or reduced so as to make it not in conformance with the minimum requirements of this chapter. If already less than the minimum requirements of this chapter, a lot or lots in common ownership or a yard, court, parking area or other space shall not be divided, altered or reduced so as to increase its non-compliance with such minimum requirements.
   (B)   Existing lots of record. If a parcel in an agriculture or residential zoned district was platted or recorded with the register of deeds as of 10-10-1977 and does not comply with the area or width requirements of its zoning district, where two or more such non-compliance parcels are adjacent to each other and in common ownership, they shall be combined for zoning purposes so that they comply, as closely as possible, with the minimum requirements of this chapter.
   (C)   Exceptions. The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, scenery lofts, monuments, cupolas, domes, spires, penthouses housing necessary mechanical appurtenances and television and radio reception and transmission antennas and towers which do not exceed 50 feet in height. Additions to existing buildings and structures which now exceed the height limitations of their zoning district up to the height of an existing building or structure on the same lot are permitted if the lot is large enough to encompass a circular area with a radius at least equal to the height of the structure or building.
(Prior Code, Ch. XV, § 12.03)  (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001)

§ 157.038 ESSENTIAL SERVICE.

   (A)   The erection, construction, alteration or maintenance by public utilities or governmental units, boards or commissions of overhead or underground gas, electrical, steam or water distribution, transmission, collection, communication or supply systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, utility pump and metering stations and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety or general welfare is permitted in any zoning district.
   (B)   Notwithstanding the exceptions contained in division (A) above:
      (1)   Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six feet high and adequate to obstruct passage of persons or materials; and
      (2)   Public utility facilities in any zoning district are required to be constructed and maintained in a neat and orderly manner. Any building which is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.
(Prior Code, Ch. XV, § 12.04)  (Ord. 1977-1, passed 10-10-1977)

§ 157.039 REQUIRED YARD OR LOT.

   All lots, yards, parking areas or other spaces created after the effective date of this chapter shall comply with the minimum requirements of the zoning district in which they are located.
(Prior Code, Ch. XV, § 12.05)  (Ord. 1977-1, passed 10-10-1977)

§ 157.040 CONTROL OF HEAT, GLARE, FUMES, DUST, NOISE, VIBRATION AND ODORS.

   Every use shall be so conducted and operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond the lot on which the use is located.
(Prior Code, Ch. XV, § 12.06)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.041 TEMPORARY USES OR STRUCTURES REQUIRING ZONING INSPECTOR AUTHORIZATION.

   (A)   Upon application, the Zoning Inspector shall issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located. Each permit shall be valid for a period of not more than six calendar months and shall be renewed by the Zoning Inspector for four additional successive periods of six calendar months or less at the same location if such building or yard is still incidental and necessary to construction at the site where located.
   (B)   Upon application, the Zoning Inspector shall issue a permit for a temporary office which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project. Each permit shall specify the location of the office and area and shall be valid for a period of not more than six calendar months and shall be renewed by the Zoning Inspector for four additional successive periods of six calendar months or less at the same location if such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.
(Prior Code, Ch. XV, § 12.07)  (Ord. 1977-1, passed 10-10-1977)

§ 157.042 ACCESSORY USES.

   In any zoning district, accessory uses, incidental only to a permitted use, are permitted when located on the same lot; provided, however, that, such accessory uses shall not involve the conduct of any business, trade or industry.
   (A)   The keeping of livestock and/or poultry in the following zoning districts shall be:
      (1)   Agriculture: conforms to “generally accepted agricultural and management practices” (GAAMPS);
      (2)   R-1 - Rural Estates: two for the first two acres, one for each additional; and
      (3)   R-1A - Intermediate District, when authorized as a special use by the Planning Commission:
         (a)   Zero for the first two acres;
         (b)   Two for the first three acres; and
         (c)   One for each additional acre.
   (B)   One unit of livestock equals 100 units of poultry.
(Prior Code, Ch. XV, § 12.08)  (Ord. 1977-1, passed 10-10-1977; Ord. passed 1-5-2001; Ord. 2001-1, passed 7-17-2001; Ord. 2012-1, passed 11-5-2012)

§ 157.043 ACCESSORY BUILDINGS.

   (A)   (1)   In any zoning district, an accessory building may be erected detached from the permitted principal building or as an integral part of the permitted principal building.
      (2)   When erected as an integral part of the permitted principal building, it shall comply in all respects with the requirements of this chapter applicable to the permitted principal building.
      (3)   The architectural character of all accessory buildings shall be compatible and similar to the principal building.
   (B)   Detached accessory buildings shall not be located closer than five feet to the rear lot line or closer than 40 feet to the waters edge in the case of a waterfront lot (except that, pumphouses may be located within 40 feet of the waters edge if they do not exceed three feet in height) and shall not occupy more than 30% of any required rear yard space; they shall not be closer to any side lot line or front lot line than the principal building is permitted.
   (C)   The distance between a detached accessory building and any principal building shall not be less than ten feet. Accessory buildings shall be considered as attached to a principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.
   (D)   A garage may be constructed, erected and placed in the front yard of any waterfront lot which is platted or otherwise of record as of the effective date of this chapter if it is an accessory building and if it is not less than ten feet from the edge of the street.
(Prior Code, Ch. XV, § 12.09)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.044 PRINCIPAL BUILDING ON A LOT.

   In the R-1, R-1A and R-2 Residential Zoning Districts, no more than one principal building shall be placed on a lot.
(Prior Code, Ch. XV, § 12.10)  (Ord. 1977-1, passed 10-10-1977; Ord. 1997-0, passed - -1997)  Penalty, see § 157.999

§ 157.045 DOUBLE FRONTAGE LOTS.

   Buildings on lots having frontage on two intersecting or non-intersecting streets shall comply with front yard requirements on both such streets.
(Prior Code, Ch. XV, § 12.11)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.046 ADDITIONAL SETBACKS FOR STRUCTURES ADJACENT TO MAJOR STREETS.

   Notwithstanding any other provision of this chapter, no building or structure shall be hereafter constructed, erected or enlarged on a lot abutting a street designated as a major thoroughfare on the Township General Development Plan, as the same shall be amended from time to time, unless the following minimum building setbacks measured from the street centerline are maintained:
   (A)   Major county primary: 100 feet; and
   (B)   Minor county primary: 80 feet.
(Prior Code, Ch. XV, § 12.13)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.047 GOVERNMENTAL IMPROVEMENTS.

   The provisions of this chapter shall be applicable to and enforceable against the township itself and all other governmental agencies and units, federal, state or local.
(Prior Code, Ch. XV, § 12.15)  (Ord. 1977-1, passed 10-10-1977)

§ 157.048 HEALTH DEPARTMENT APPROVAL.

   No permit shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot which is not served by both public water and sewer facilities if its water supply and/or sewage disposal facilities, as the case may be, does not comply with the rules and regulations governing waste and sewage disposal of the county.
(Prior Code, Ch. XV, § 12.16)  (Ord. 1977-1, passed 10-10-1977)

§ 157.049 LAKE/RIPARIAN ACCESS.

   (A)   The following restrictions are intended to limit and regulate the number of users and types of uses of lake frontage in order to preserve the qualities of the waters, minimize conflicting land uses, promote safety and help preserve the quality of recreational use of lands and water within the township. For the purpose of this section, a LAKE shall mean any natural or human-made body of water having a surface area greater than five acres and over which riparian access has been extended to more than one parcel, lot, unit or person.
      (1)   Development parcels. In all zoning districts, for any new lot supporting a single-family dwelling unit or any other form of residential development there shall be at least 75 feet of water frontage, as measured along the high water mark of the lake and each lot or parcel shall otherwise meet the minimum dimensional requirements for such lots in the zoning district in which it is located.
      (2)   Access (keyhole) parcels.
         (a)   In any zoning district where there is an existing parcel of record having water frontage of less than 75 feet, which by intent of the owner or by its dimensional or physical limitations will not support building development, such parcel or lot may not be used or conveyed as a riparian access parcel for not more than one other parcel, lot, unit or person.
         (b)   In any zoning district where there is an intent to create and use a new lot, parcel, easement or common area for the purpose of providing riparian rights by deeded access, the new lot, parcel, easement or common area shall have at least 75 lineal feet of water frontage and a depth of at least 100 feet. The number of parcels, lots, units or persons permitted to have deeded riparian access over the lot, parcel, easement or common area shall be one for the first 75 feet of water frontage, plus one additional lot, parcel, unit, apartment or person for each additional 75 feet of frontage that the access parcel has on the body of water.
      (3)   Boat access. In all zoning districts, where multiple unit residential development is permitted, any multiple-unit residential development shall have not more than one boat access for each 75 feet of water frontage, as measured along the normal high water mark of the lake.
      (4)   Lake access and the like. In all zoning districts, no lake access, boat ramp, shore station, dock, boat launch or shoreline abutting a lake shall be utilized for commercial business, outdoor recreational (or entertainment) facilities, institutional, non-residential or non-agricultural uses or purposes unless such use complies with the requirements of the zoning district in which it is located and is also approved as a special land use.
      (5)   Easements and the like. In addition to the above limitations, no easement, private park, common area, condominium arrangement, lake access device or lot or access property abutting or adjoining a lake shall be used to permit access to the lake for more than one single-family property, dwelling unit, condominium unit or apartment unit unless such use is also approved as a special land use.
      (6)   Channels and canals. No new channel or canal shall be created abutting, enlarging or tied into a lake, nor shall existing canals or channels be enlarged. Canals or channels which touch or abut a lake and were lawfully in existence as of the date of enactment of this chapter may be cleaned and dredged, so long as they are not enlarged beyond their original dimensions.
   (B)   The restrictions of this section shall apply to all lots and parcels on or abutting any lake, regardless of whether access to the lake shoreline or waters shall be by easement, park, common-fee ownership, condominium arrangement, license or lease.
   (C)   Although the owner of a property with frontage on a lake may permit family members and occasional invitees to use the water frontage, dock and watercraft owned by the owner as incidental to the residential use of the property, the owner shall not permit anyone other than a family member of a person co-owning or residing on the property fronting on the water to moor a watercraft overnight at the dock on the property or in the waters adjacent to the property. Nor shall the owner of such a property enter into an agreement to permit anyone to use the shoreline (or dock thereof) of water unless such person is leasing a residence on the property and is in possession of the entire waterfront property.
   (D)   The non-conforming use provisions of §§ 157.300 through 157.304 of this chapter shall be applicable to this section; except, the following shall be permissible notwithstanding the provisions hereof.
      (1)   Any lot of record having frontage on a body of water may have one dock even though the lot has less than 75 feet of frontage on the water. This section shall not be construed to prevent docks, even if docks have not been installed, where recorded vested rights were granted prior to the adoption of this chapter.
      (2)   Any easement, park, common area or access property having frontage on a body of water which lawfully exists as of the date of the adoption of the section may have one dock even though it has less than 75 feet of frontage on the water.
      (3)   If a given property, easement, park, common area or access property has a right to have a dock under this section or § 157.021 of this chapter, that right to utilize a dock shall continue even if the dock is seasonal in nature, has to be repaired or replace or is not utilized every year.
(Prior Code, Ch. XV, § 12.17)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.050 BOUNDARY CHANGES.

   (A)   All boundary changes are subject to the provisions of § 157.039 of this chapter for the particular zoning district classification in which the parcels are located.
   (B)   Resulting parcels of any boundary change or lot line adjustment must comply with the minimum requirements codified in the zoning district in which they are located.
   (C)   All boundary changes or lot line adjustments must be by application to the Zoning Administrator and shall otherwise be in compliance with Ch. 155 of this code of ordinances, as amended.
   (D)   In the case of boundary or lot line adjustments, all parcels involved that have not been approved by the Zoning Administrator or person designated by the township and do not meet the minimum requirements of the zoning district in which they are located shall be considered not in compliance with the zoning ordinance. As a result, building permits and split requests shall not be granted until all parcels involved conform to the zoning district in which they are located.
(Prior Code, Ch. XV, § 12.17A)  (Ord. 2008-5, passed 9-8-2008)

§ 157.051 INCIDENTAL CAMPING ON OCCUPIED RESIDENTIAL PROPERTIES.

   Incidental camping or the occupancy or use of tents, motor homes or campers of occasional periods is permitted on occupied residential lots or parcels under the following conditions.
   (A)   Not more than four camping units consisting of any combination of tents, motor homes, travel trailers or campers shall be permitted on the lot or parcel at any given time.
   (B)   The camping activity shall be limited to the residents of the lot and to guests of the lot owner/resident.
   (C)   No period of occupancy may exceed 14 consecutive days. Unless the camping unit is owned or licensed by the property owner, the unit shall be removed from the premises after each period of permitted occupancy. Each period of use or permitted occupancy must be separated from the next by at least 14 days.
   (D)   All tents, campers and motor homes must be located in the rear or side yard, behind the line of the principle structure facing any street and at least 20 feet from all property lines.
   (E)   The camping unit shall not have fixed connections to electricity, water, gas or sanitary sewage.
   (F)   The above provisions shall not be construed to permit organized day camps or boarding camps for short visitation, wilderness campgrounds or any form of campground that is open to the public charging daily rates.
(Prior Code, Ch. XV, § 12.18)  (Ord. 1977-1, passed 10-10-1977)  Penalty, see § 157.999

§ 157.052 CAMPING ON VACANT PROPERTIES.

   (A)   Camping on vacant, non-riparian properties. Camping or the occupancy or use of tents, campers, motor homes or the storage thereof is prohibited on vacant, non-riparian lots or parcels of record within the AG, R-1, R-1A, R-2 or R-3 Districts, except under the following circumstances:
      (1)   The lot is adjacent to a lot or parcel on which there is an occupied dwelling and both lots are under the same ownership;
      (2)   The camping, use or storage is located within a campground as permitted and authorized under the provisions of this chapter; or
      (3)   On a vacant, non-riparian parcel or tract in excess of ten acres in size, camping is permitted under the following provisions except that camping is permitted without interruption during deer hunting seasons established by the state for any state-wide or special Zone 3 archery or firearm deer hunting season.
         (a)   Not more than four camping units consisting of any combination of tents, motor homes, travel trailers or campers shall be permitted on the lot or parcel at any given time.
         (b)   The camping activity shall be limited to the owner of the parcel and to guests of the parcel owner, without remittance.
         (c)   Camping is permitted without interruption during deer hunting seasons established by the state for any state-wide or special Zone 3 archery or firearm deer hunting season. During all other times of the year no period of occupancy may exceed 14 consecutive days. Unless the camping unit is owned or licensed by the property owner, the unit shall be removed from the premises after each period of permitted occupancy. Each period of use or permitted occupancy must be separated from the next by at least 14 days.
         (d)   All tents, campers and motor homes must be located behind the line of any nearby structures and at least 20 feet from all property lines.
         (e)   The camping unit shall not have fixed connections to electricity, water, gas or sanitary sewage.
   (B)   Camping on vacant lots having frontage (riparian lands).
      (1)   It is recognized that certain vacant riparian lots within the township have an intrinsic outdoor recreational quality and character that makes seasonal camping an attractive interim or alternative use for the lot. Care must be taken however, to ensure that any such allowed activity, whether temporary or permanent, would not diminish the character and value of adjacent and nearby single-family residential use home sites.
      (2)   Camping on vacant lots having lake frontage may therefore only be authorized subject to a site plan review by the Zoning Administrator. In such cases, and as approved by the Zoning Administrator, the Zoning Administrator shall limit the number, location and duration of camping and RV storage activity commensurate with the size and character of the site and the use and character of the surrounding residential lots and area.
      (3)   In reviewing an application to allow the use of a vacant lot for such use, the Zoning Administrator may not approve an activity that exceeds the limiting standards contained in § 157.051 of this chapter and shall consider the following in deciding whether to authorize the use permit:
         (a)   The number and location of proposed campsites or recreation vehicles on the site;
         (b)   The size, width and depth of the parcel lot or parcel;
         (c)   Setbacks and screening;
         (d)   The existence of nearby developed residential dwellings, the distances to adjacent developed home sites;
         (e)   Accessibility and parking constraints;
         (f)   Potential impacts on adjoining property values;
         (g)   The duration of the proposed camping activity;
         (h)   Whether or not the activity will entail the prolonged storage of recreation vehicles on the site and whether such storage would have a negative impact on adjoining properties; and
         (i)   The existence or non-existence of similar camping or storage activity on nearby non- riparian lots as permitted under division (B)(1) above.
(Prior Code, Ch. XV, § 12.19)  (Ord. 1977-1, passed 10-10-1977; Ord. 2005-1, passed 5-9-2005; Ord. 2-2014, passed 8-11-2014)  Penalty, see § 157.999

§ 157.053 HOME OCCUPATIONS.

   (A)   Definition. For purposes of this section, a HOME OCCUPATION is a gainful occupation traditionally and customarily carried out in the home or on a residential premises solely by the residents as a use that is incidental to the use of the home and premises as a place of residence. A home occupation may be conducted entirely within a residential dwelling and/or attached or unattached garage accessory structure to the dwelling.
   (B)   Type A permitted home occupations. The following home occupations are considered Type A home occupations and are allowed in the Agricultural, R-1, R-1A, R-2 and R-3 Zoning Districts by approval of the Zoning Administrator only in association with a dwelling and in accordance with this section.
      (1)   Architecture and interior design work;
      (2)   Beauty salons and barber shops;
      (3)   Bookkeeping, accounting and financial planning;
      (4)   Cabinet making and carpentry work;
      (5)   Computer programming and other computer-related work;
      (6)   Consulting and counseling services;
      (7)   Drafting and illustration services;
      (8)   Dressmaking, sewing and tailoring;
      (9)   Furniture upholstery;
      (10)   Home arts and crafts, including, but not limited to, rug weaving, quilting, pottery and ceramics, model making, woodworking, lapidary work and jewelry making;
      (11)   Musical instrument instruction, except that no instrument may be electronically amplified so as to be audible beyond the parcel of land where the use occurs;
      (12)   Office of minister, priest or other member of the clergy;
      (13)   Office of building contractor or building trades persons;
      (14)   Office of a sales person, sales representative or manufacturers’ representative;
      (15)   Painting, sculpting and writing;
      (16)   Private tutoring;
      (17)   Secretarial services;
      (18)   Storage and distribution of direct sales products, such as home cleaning products, cosmetics, food containers or other such goods;
      (19)   Television and other small appliance repair;
      (20)   Telephone answering service and telephone solicitation work;
      (21)   Travel booking service; and
      (22)   Watch repair.
   (C)   Conditions for Type A permitted home occupations. The following conditions shall apply to all permitted Type A home occupations.
      (1)   It shall be carried on only by the residents of the dwelling.
      (2)   The use shall be clearly incidental, subordinate and secondary to the use of the dwelling and premises for residential purposes, and the appearance of the structures shall not be altered, nor shall the occupation be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or by the emission of sounds, vibrations or light.
      (3)   Within all districts, one wall sign as defined by § 157.196 of this chapter, not exceeding four square feet may be used to identify home occupations therein.
      (4)   The maximum floor area devoted to the home occupation shall be contained within or attached to the principal dwelling and limited to 25% of the gross floor area of the dwelling unit.
      (5)   There shall be no selling of goods, merchandise, supplies or products, except on an occasional basis; provided that, orders previously made by telephone or at a sales event off the premises may be filled on the premises.
      (6)   No storage or display shall be visible from outside the dwelling or an accessory building.
      (7)   No combustible, toxic or hazardous material may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
      (8)   There shall be no activity that would interfere with radio or television transmission in the area, nor shall be any significant offensive noise, vibrations, smoke, dust, odors and heat or glare noticeable at or beyond the property line.
      (9)   As a result of Type A home occupation, there shall not be any appreciably greater motor vehicle or pedestrian traffic than would be normal for residential use in the zoning district in which the use is located.
      (10)   There shall be adequate off-street parking spaces. On-street parking, or parking within the street right-of-way, is prohibited.
      (11)   Deliveries and shipments by commercial vehicles shall be on an occasional or incidental basis.
      (12)   All permitted Type A home occupation businesses are subject to a compliance review with notice to owner by the Zoning Administrator. Reasons for review may include evidence of conducting business greater than the scope of permitted use provisions included within this section. If violations or evidence thereof is submitted to the Zoning Administrator or complaints, either verbal or written are submitted to the Zoning Administrator, the Administrator will notify the permit holder in writing. If reasonable evidence shows that the business exceeds the scope herein prescribed, the permit may be revoked and the holder will be required to seek a Type B home occupation special use permit as described in division (D) below.
   (D)   Type B home occupations. The following home occupations are considered Type B home occupations and may be allowed by special use in the Agricultural, R-1, R-1 A, R-2 and R-3 Zoning Districts by approval of the Planning Commission as a special use in accordance with §§ 157.345 through 157.350 of this chapter:
      (1)   A home occupation involving the use of a detached accessory building and/or one that would exceed the floor area limitations for Type A home occupations. The size and placement of such accessory building shall be regulated by each zoning district;
      (2)   A home occupation involving one or more non-resident workers and/or one involving workers using the site as a regular base of operation for work or service provided off-site. The Planning Commission may authorize additional associates, employees or assistants (who do not reside within the dwelling) where such persons by way of their activities and interaction on site would not cause traffic congestion or parking problems or otherwise materially change or impair the residential character of the neighborhood or lead to the creation of a spot business zone/site;
      (3)   Gymnastics and dance instruction;
      (4)   Bed and breakfast establishments;
      (5)   Veterinarians’ offices or clinics, if located on parcels at least three acres in size; and
      (6)   Machine shop.
   (E)   Conditions for approval.
      (1)   In considering any Type B home occupation for approval, the Planning Commission shall consider and make findings upon the following standards:
         (a)   Whether the home occupation is incidental and secondary to the use of the premises as a dwelling;
         (b)   Whether the nature of the home occupation is substantially in keeping with the residential or other permitted use of the property such as farming;
         (c)   Whether the likely effects of the home occupation upon adjacent and nearby lands would be within the scope of the effects likely to result from other uses permitted and occurring in the district and similar home occupations that are specifically permitted in this section; and
         (d)   Whether the home occupation will have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.
      (2)   In approving any such land use, the Planning Commission may impose restrictions and limitations on the use, relating, but not limited to, in consideration of the following:
         (a)   Hours of operation;
         (b)   The floor area of the use;
         (c)   The area, height, bulk and location of any accessory building;
         (d)   Whether the storage or display of goods, inventory or equipment will be visible from outside the dwelling or an accessory building;
         (e)   The number of permitted associates, employees or assistants whether working on-site or performing duties principally located off-site;
         (f)   The manner of storage or use of combustible toxic or hazardous materials on the premises;
         (g)   Whether there will be any offensive noises, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line, or whether there will be machinery or electrical activity that will interfere with nearby radio or television reception;
         (h)   Effects on motor vehicle and/or pedestrian traffic;
         (i)   The amount of off-street parking provided, and the location thereof;
         (j)   An approved site plan per the discretion of the Zoning Administrator or Planning Commission; and
         (k)   All Type B special use home occupation business permits are revocable, with notice to owner and after a show cause hearing by the Planning Commission.
(Ord. 2-2014, passed 8-11-2014)  Penalty, see § 157.999