Vermilion City Zoning Code
CHAPTER 1271
Home Occupations
1271.00 STANDARDS FOR HOME OCCUPATIONS.
The purpose of the Home Occupation regulations is to protect the character of the surrounding residential neighborhood while recognizing that traditional workplaces are no longer necessary in all situations due to changing technology, computerization, networking, and the changing job market. These regulations are intended to recognize this trend and allow Home Occupations that are located and conducted in such a manner that the existence of the Home Occupation is not detectable outside of the dwelling unit or accessory building. The Home Occupation use shall be clearly subordinate and incidental to the residential use of the property.
(a) Classes of Home Occupation.
(1) Minor Home Occupations. Home occupations that have little or no impact on the surrounding residential area as follows:
A. Personal home business and professional offices; a service-oriented business use.
B. Home craft businesses, including (but not limited to) artists, sculptors, dressmakers.
C. Instructional services including music, art, dance, voice, and tutoring.
D. Day care for six (6) or fewer individuals, whether for adults or children. Day care for children shall comply with the requirements for "Family Day Care Home, Type B" as defined in the Ohio Revised Code §5104.054.
(2) Major Home Occupations. Home occupations that have or might have a noticeable impact on the surrounding residential area. Examples include:
A. Day care for seven (7) or more individuals, whether adults or children.
B. Professional services including (but not limited to) medical, dental or physical therapy facilities, barbers, beauticians, and photographers.
C. Bed-and-breakfast residence.
(b) Standards for Minor Home Occupations.
(1) Clients or customers will not be present on the site on a regularly scheduled basis and shall not exceed ten (10) per week on average except that instructional services are limited to a maximum of five (5) students at any one time in one day.
(2) No signage identifying the minor home occupation is permitted in a residential district.
(3) Retail sales on the premises shall be prohibited, except for products or goods produced or fabricated on the premises as part of the home occupation.
(4) No minor home occupation shall have more than one (1) employee that is not a resident of the household, except that, upon notification of the City Chief Building Official, there may be a second employee who is not a resident of the household on the site for up to thirty (30) days per year.
(c) Standards for Major Home Occupations.
(I) If the major home occupation is day care for children, 100 square feet of fenced outdoor play space is required per child. The play area must be at the side or rear of the house and a drop-off area for two (2) cars must be provided.
(3) Two (2) off-street parking spaces shall be provided, unless additional spaces are required by the Board of Zoning Appeals. Required parking shall not be provided in the front yard, except for the driveway (which may be used to fulfill this requirement).
(4) On-site customer/client contact is limited to one appointment at any time not to exceed eight (8) visits per day, except day care facilities, which may have more than eight (8), if approved by the Board of Zoning Appeals.
(5) One truck or van over one ton may be stored on-site, if related to the home occupation and if stored in an enclosed structure.
(6) Major home occupations are permitted two (2) employees who are not residents of the household and may have additional employees who are not residents of the household, if approved by the Board of Zoning Appeals.
(Ord. 2012-37. Passed 7-23-12.)
1271.01 DEFINITIONS.
As used in this chapter:
(a) "Customary home occupation" means any trade, profession or business conducted only by members of the family occupying a residential dwelling (being a permanent structure or building used primarily for residential purposes), and only as an accessory to the principal residential use thereof. Customary home occupations shall comply in all respects with the regulations provided in Section 1271.02.
A customary home occupation shall not include and shall not be permitted on unimproved land in a Residence District or in any dwelling not currently occupied principally as a residence.
The following activities are not permitted as customary home occupations:
(1) The repair and/or storage of vehicles for commercial purposes, including vehicles purchased primarily for resale.
(2) The repair and/or storage and operation of heavy machinery and/or heavy equipment for commercial purposes.
(3) External wood cutting, external wood splitting and/or wood processing, metal cutting, and metal fabricating for commercial purposes.
(Ord. 2012-38. Passed 7-23-12.)
(b) "Living area" means that area of the dwelling that would normally contain active (as apposed to stored) furniture and appliances for the use of the residents, but shall not include basements, garages or porches.
(c) "Residence district" means a district in which residences are a permitted use.
(Ord. 99-45. Passed 9-22-99.)
1271.02 USE REGULATIONS.
(a) A person may carry on a customary home occupation only in the dwelling house used by him or her as his or her private residence.
(b) A customary home occupation may be permitted and carried on only if it complies with all of the following:
(1) The customary home occupation shall comply with all local, State and Federal laws, the City Charter and/or regulations pertinent to the activity pursued.
(2) The person conducting such customary home occupation must, before commencement, receive permission from the Board of Zoning Appeals and must receive a permit for such purpose, which permit shall be issued by the Administrative Officer.
(3) Such use must not involve extension or modification of the dwelling, and the dwelling must be otherwise lawful and conform to all applicable safety, fire, housing and building codes.
(4) Except for one nameplate sign of not more than 144 square inches attached to the dwelling, such use shall not include the posting of any sign upon the premises or involve any other display that will indicate from the exterior that the building or premises is being used for any purpose other than that of a residential dwelling.
(5) Such use shall be incidental and subordinate to the use of the premises and dwelling for residential purposes and, in total, shall not use space in excess of twenty-five percent of the floor area of the living area of the dwelling.
(6) Such use shall not include any activity resulting in or creating noise, vibration, smoke, pollution, electronic interference or other nuisance or safety hazard to any person or to any adjacent or nearby property.
(7) Such use shall not involve the storage of any materials, other than those normally used in the maintenance and use of the property solely as a dwelling, which are hazardous to persons or to adjacent and nearby property.
(8) Trucks or other mobile equipment used in conjunction with the customary home occupation shall not be parked in the open on the premises.
(9) Vehicles used for deliveries to or from a home occupation shall comply with the weight limits established for through traffic on the street upon which the dwelling fronts.
(10) Such use shall not result in an increase in frequency of, or the generation of, vehicular or pedestrian traffic abnormal to either the neighborhood or the City.
(11) No more than a total of two vehicles of patrons or customers shall be permitted on the premises which is the site of a customary home occupation at any one time. Such vehicles shall not, alternatively, be parked on a street, sidewalk or other adjacent public thoroughfare. Vehicles used solely for the personal use of the proprietor or owner of the customary home occupation shall not be included within the limitation of this paragraph.
(12) Such use shall not involve the use of utilities, sewers or other community facilities beyond that which would be reasonable for the use of the property solely for residential purposes.
(13) Such use shall not involve the storage of equipment, mobile or otherwise finished materials and/or finished inventory related thereto, unless it is produced on the premises.
(14) A person carrying on a customary home occupation may employ only members of the family in the dwelling and a maximum of one outside resident employee.
(15) Only one automobile, truck or van used primarily for the customary home occupation shall be permitted on the premises, and then only if:
A. The gross vehicle weight of such vehicle (including cargo) is 8,650 pounds or less; and
B. Such vehicle is of a size capable of fitting into a normal residential garage with the door closed.
(16) Only one customary home occupation will be permitted per residence.
(Ord. 99-45. Passed 9-22-99.)
1271.03 PERMIT REQUIRED; FEE; RENEWALS.
(a) No customary home occupation shall be permitted to operate unless the person conducting it first obtains permission from the Board of Zoning Appeals and obtains a permit to operate from the Administrative Officer as provided in Section 1271.02(b)(2).
(b) A fee of fifty dollars ($50.00) is hereby established for the original issuance of a permit.
(c) A fee of twenty-five dollars ($25.00) is hereby established for each annual renewal or a permit previously issued under the authority of this chapter.
(Ord. 99-45. Passed 9-22-99.)
1271.04 CONDITIONS FOR ISSUANCE OF INITIAL PERMIT.
The Administrative Officer shall issue an initial permit for a customary home occupation when the following conditions have been met:
(b) The applicant has tendered the fee for the original issuance of a permit as provided in Section 1271.03(b).
(Ord. 99-45. Passed 9-22-99.)
1271.05 PERMIT DURATION; RENEWALS; REAPPLICATION.
(a) The permit required under this chapter, and each renewal thereof, shall be valid from the date of issuance through the immediately following January 31, and may be renewed on an annual basis on or before January 31 thereafter as provided in subsection (b) hereof.
(Ord. 99-45. Passed 9-22-99.)
(b) The Administrative Officer shall issue renewals of permits hereunder when all of the following conditions have been met:
(2) The permittee has tendered the fee for each renewal of a permit as provided in Section 1271.03(c).
(3) The permittee applying for the permit renewal has committed no violation of any provision of this chapter that remained unabated for more than a cumulative total of fifteen days after notice in the twelve-month period immediately preceding the application for renewal.
(Ord. 99-45. Passed 9-22-99; Ord. 2012-1. Passed 2-27-12.)
1271.06 RIGHT OF ENTRY OF ADMINISTRATIVE OFFICER; INSPECTIONS; COMPLIANCE WITH PERMIT; FRAUD; REVOCATION OF PERMIT.
(a) The Administrative Officer and/or his or her representative are hereby authorized to enter upon and inspect the premises on which a home occupation is conducted at reasonable hours, from time to time, to determine whether the applicant or permittee is in compliance with the provisions of this chapter.
(b) If the Administrative Officer determines that the permittee is not complying with the conditions of the permit issued pursuant to this chapter, he or she shall order the permittee to correct the offending condition or use or otherwise to comply with such permit. Upon failure by the permittee to comply with the order of the Administrative Officer within five days from the date of the order, Sundays and legal holidays excluded, the permittee's permit shall be revoked by the Administrative Officer. Such action by the Administrative Officer shall be in addition to the penalty provided in Section 1271.99.
(c) The Board of Zoning Appeals or the Administrative Officer is further authorized and directed to revoke any original or renewal permit issued under this chapter upon notice and hearing for any fraud, misrepresentation or false statement contained in the application for the permit or for the renewal thereof.
(Ord. 99-45. Passed 9-22-99.)
1271.07 DECISIONS OF BOARD OF ZONING APPEALS AND ADMINISTRATIVE OFFICER FINAL; EXISTING HOME OCCUPATIONS; VIOLATIONS; INJUNCTIVE RELIEF.
(a) Decisions of the Board of Zoning Appeals and the Administrative Officer relating to violations of this chapter, including appeals from the denial of issuance of or the revocation of permits, shall be final within the City.
(b) Any home occupation in existence without a permit upon the passage of this chapter shall be discontinued immediately or shall be disclosed immediately to the Administrative Officer and comply with the provisions of this chapter within six months of the passage of this chapter.
(c) No person, firm or corporation shall violate, or assist in the violation of, any of the provisions of this chapter. In the event of any such violation or the imminent threat thereof, the City, in addition to any remedies provided by law, may institute a suit for a preliminary and/or permanent injunction to prevent or terminate such violation.
(Ord. 99-45. Passed 9-22-99.)
1271.08 TRANSFERRING OF PERMITS.
No permit or renewal thereof issued under the provisions of this chapter may be sold, conveyed, transferred or assigned to any part other than the permittee named therein. No permit or renewal thereof issued under the provisions of this chapter may be transferred to or used at a location other than the location for which it was issued.
(Ord. 99-45. Passed 9-22-99.)
1271.09 PERMITTED CONTINUED USES; GRANDFATHER PERMIT AGREEMENTS.
(a) All home occupations with permits existing at the time of the enactment of this chapter may be continued although such permitted uses do not conform to the provisions of this chapter, subject, however, to the following provisions:
(1) Upon the sale of the property the home occupation will cease to exist under this section;
(2) Upon termination by the owner of the home occupation the home occupation will cease to exist under this section; and
(3) Upon the death of the owner the home occupation will cease to exist under this section.
(b) A grandfather permit agreement shall be executed by existing permit holders. The agreement shall specify the type of business, the intent of such business, a drawing and a list of all co-owners. This agreement must be filed with the Administrative Officer within ninety days from the date of passage and approval of this chapter, or the business will cease to exist under this section. The provisions of Section 1271.05 shall apply.
(Ord. 99-45. Passed 9-22-99.)
1271.99 PENALTY.
(a) Whoever carries on a customary home occupation in the dwelling house used by him or her as his or her private residence without first securing a home occupation permit as provided in this chapter, and is discovered by the City, shall be fined one hundred fifty dollars ($150.00) per day for the original issuance permit fee. (Ord. 2012-1. Passed 2-27-12.)
(b) Whoever violates any of the other provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each such offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 99-45. Passed 9-22-99.)