Wheeling City Zoning Code
ARTICLE 1367
Home Occupations
1367.01 INTENT.
(a) It is the intent and purpose of this article to recognize and provide for certain types of restricted occupational uses to be carried out within a dwelling located in a residential district. Only such uses will be allowed which:
(1) Are clearly secondary to the use of the premises as a residence;
(2) Are compatible with the residential uses within the neighborhood;
(3) Are limited in extent; and
(4) Do not detract from the residential character of the neighborhood.
(b) Sign applicants are reminded that off-premise signs are deemed principal uses, not accessory uses.
1367.02 DEFINITIONS.
Home occupation. Any occupation or business activity which results in a product or service and is conducted wholly within the dwelling unit, and is clearly subordinate to the residential use of the dwelling unit. A Home Occupation shall not include incidental work performed at home by one legally maintaining an office elsewhere, provided that no clients or customers visit the home premises.
Class I Home Occupation. A home occupation in which no clients or customers visit the premises, and which has no visible exterior evidence of the conduct of the occupation, which does not create need for off-street parking beyond the dwelling's customary needs, which does not generate additional traffic, and in which no equipment is used other than that normally used in household, domestic, or general office use. No visitors, e.g. customers, clients, or deliveries, are allowed.
Class II Home Occupation. A home occupation in which clients or customers visit the premises, and which has not more than one non-illuminated sign not exceeding four square feet in area as visible exterior evidence of conduct of the occupation, and which accommodates both dwelling and home occupation parking needs off the street.
1367.03 CLASS I HOME OCCUPATIONS.
Class I Home Occupations shall be permitted in all zoning classifications in which residential uses are permitted subject to the following:
(a) The Class I Home Occupation shall be secondary to the use of a dwelling unit for residential purposes. No more than one room of the dwelling or 150 square feet, whichever is less, may be used in connection with the home occupation.
(b) On the premises, retail sales shall be prohibited.
(c) Only persons permanently residing on the premises shall be employed in or engaged in or provide services to the Class I Home Occupation.
(d) No more than one Class I Home Occupation per resident shall be permitted within any single dwelling unit.
(e) A Class I Home Occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached.
(f) There shall be no exterior indication of the home occupation or of any variation from the residential character of the principal building.
(g) There shall be no exterior storage of materials to be used in conjunction with a home occupation.
(h) There shall be no deliveries to or from a Class I Home Occupation, except by the occupant, except by U.S. Mail or by courier, and by no customers or clients.
(i) The home occupation shall not generate any additional pedestrian or vehicular traffic not normally associated with the residential use of the dwelling.
(j) A Class I Home Occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. A Class I Home Occupation as provided by this section shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this provision. The judgment of the Zoning Official shall be considered decisive and final in this matter unless formally appealed to the Planning Commission within forty-five days of the zoning official's written determination.
1367.04 CLASS I HOME OCCUPATIONS LIST.
Class I Home Occupations shall include:
(a) Artists and sculptors
(b) Authors and composers
(c) Home crafts, i.e., model making, rug weaving, lapidary work, ceramics for sale off site
(d) Telephone solicitation/answering service
(e) Office facility of a salesman, sales or development representative, or manufacturing representative, other personal office use, provided that no transactions are made in person on the premises
(f) Preserving and home cooking for sale off site
(g) Secretarial services
1367.05 CLASS II HOME OCCUPATIONS.
(a) Class II Home Occupations may be permitted in all zoning classifications in which residential uses are permitted subject to the following:
(1) The Class II Home Occupation shall be secondary to the use of a dwelling unit for residential purposes, no more than 250 square feet or twenty-five percent (25%) of the floor area, whichever is less, of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. Floor area of a dwelling unit, in this case, shall include the floor area of all heated and ventilated and thereby habitable rooms and areas within the dwelling unit.
(2) On the premises, retail sales shall be prohibited except for sales incidental and directly related to the service provided, which sales shall not exceed ten percent (10%) of the gross income.
(3) Only persons permanently residing on the premises shall be employed, engage in or provide services to the Class II Home Occupation.
(4) In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. or later than 10:00 p.m., except for a family day care home, which may be open at any time.
(5) No more than one Class II Home Occupation shall be permitted within any single dwelling unit.
(6) A Class II Home Occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached.
(7) There shall be no exterior indication of the Class II Home Occupation or variation from the residential character of the principal building, except a flat wall sign no larger than four square feet may be affixed to the exterior.
(8) There shall be no exterior storage of materials to be used in conjunction with a Class II Home Occupation.
(9) No traffic shall be generated by such Class II Home Occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(10) A Class II Home Occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. A home occupation as provided in this section shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this provision. The judgment of the Zoning Official shall be considered decisive and final in this matter unless formally appealed to the Planning Commission within forty-five days of the Zoning Official's written determination.
(b) Class II Home Occupations shall include:
(1) Any use listed as a Class I Home Occupation without the limitations thereto
(2) Offices for lawyer, real estate agent, architect, planner, engineer, surveyor
(3) Personal office use where customers or clients may visit the premises
(4) Photography studio
(5) Family day care home, as defined in W. Va. Code 49-2B-2(n), and registered under W. Va. Code 49-2B-3(d). A family day care home shall occupy no more than 750 square feet of the gross floor area of the primary residential building, and is not required to provide off-street parking.
(6) Gunsmith
(7) Upholstering
(8) Art studio/instruction limited to one student at a time
(9) Art restoration
(10) Dance instruction limited to one student at a time
(11) Music instruction limited to one student at a time provided that no instrument may be amplified.
(12) Tutoring limited to one student at a time
(13) Dressmaking, sewing, and tailoring
(14) Computer programming
(15) Data processing
(16) Electronic repair service
(17) Laundry, ironing service
(18) Cellular repair, excluding sales
(19) Beauty shop limited to one chair
(20) Barber shop limited to one chair
(21) Accountant /Bookkeeper
(22) Direct sale product distribution (such as Amway, Avon, Tupperware)
1367.06 USES NOT LISTED.
Uses not listed may be considered as a Class I or Class II Occupation provided that the Zoning Official provides a Letter of Confirmation of Zoning based upon the intent of the home occupation provisions and experience with similar uses. Anyone aggrieved by a decision on the Letter of Confirmation of Zoning may appeal by filing for a classification of use request before the Planning Commission. Each use decision shall therefore be used to create a supplemental list of approved Class I or Class II Home Occupation uses. Once a use is added to the supplementary list, a Letter of Confirmation of Zoning shall not be further required.
1367.07 PERMITS.
(a) Class I Home Occupation. The Zoning Official may issue a Class I Home Occupation permit that complies with all the provisions of this section on forms prescribed by him, and may require additional terms and conditions considered necessary to assure the integrity of such permit and the zone in which it is proposed to be located, which additional terms and conditions are imposed with specific reference to the intent and purpose of this article. A Permit for a Class I Home Occupation shall be approved by the Zoning Official upon application and without fee if the Zoning Official determines that the home occupation meets the definition of and specific requirements for a Class I Home Occupation.
(b) Class II Home Occupation.
(1) Application for a Class II Home Occupation permit shall be filed with the Zoning Official together with an initial filing fee of fifty dollars ($50.00). The application shall be forwarded to the Planning Commission for public hearing. Such hearings shall be at public meetings of the Planning Commission. Notice shall be given as provided by Section 8-24-47 of the West Virginia Code.
(2) A Class II Home Occupation permit shall not be granted if the Planning Commission determines that the proposed home occupation will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances, which other circumstances are to be considered with specific reference to the intent and purpose of this article. If the Planning Commission grants the permit it may require additional terms and conditions considered necessary to assure the integrity of such permit and the zone in which it is proposed to be located, which additional terms and conditions are imposed with specific reference to the intent and purpose of this article.
(3) Class II Home Occupation permits granted under Section 1367.05 shall be temporary in nature and shall be granted to a designated person or persons who resides at a residential address. Permits are not transferable from person to person or address to address.
(4) Renewal. Class I and Class II Home Occupation permits are subject to proper licensing and are subject to renewal on July 1st of each year. Once granted, they may be renewed without additional hearings, subject to this section and obtaining the required annual license. Failure to timely apply for renewal and/or failure to obtain the required license shall be grounds for revocation of the home occupation permit.
1367.08 INSPECTIONS.
There may be one annual inspection by the Zoning Official of property subject to a home occupation permit. In addition, the Zoning Official or his designee shall have the right at any time, upon reasonable request to enter and inspect the premises covered by said permit for compliance to applicable zoning regulations.
1367.09 ENFORCEMENT AND REVOCATION OF HOME OCCUPATION PERMITS.
(a) The following shall be considered as grounds for the revocation of a home occupation permit or for the assessment of fines as specified:
(1) Any change in use or any change in extent of use, area of the dwelling unit being used, or mechanical or electrical equipment being used that is different from that specified in the granted home occupation permit form that is not first approved by the Zoning Official shall be grounds for the revocation of a home occupation permit;
(2) Any change in use, extent of use, area of the dwelling unit being used, or mechanical or electrical equipment being used that results in conditions not in accordance with the provisions of this article or the additional terms and conditions imposed in the granting of a permit shall result in immediate revocation of the home occupation permit;
(3) Failure to allow periodic inspections by representatives of the City at any reasonable time when an adult member of the family is present shall result in the immediate revocation of the home occupation permit; or
(4) Failure to pay any annual license fee within thirty days after the due date. An additional assessment of ten dollars ($10.00) shall be charged if the annual fee is paid within thirty days after the due date.
(b) Home occupation permits which have been revoked may not be applied for again until a period of six months has lapsed from the date of revocation.
(c) Violations.
(1) Any aggrieved person believing that a violation or violations of this article are occurring and who desires that action be taken by the City shall notify the Zoning Official of such written allegation(s). Within thirty calendar days after receipt by the Zoning Official of such written allegation(s), the Zoning Official shall complete an investigation of the alleged allegation(s) to determine the merits thereof. Within ten calendar days after the City Zoning Official has completed the investigation(s), he shall notify in writing the following persons: the aggrieved party, the holder of the home occupation permit, and the Planning Commission.
(2) If the Zoning Official determines that no violation as alleged or otherwise is occurring, then notification of that decision shall be given to the complaining person or a spokesperson for complaining person by certified mail, return receipt requested.
(3) If the Zoning Official determines that a violation is occurring or has occurred as alleged, then notification of that decision and a time for compliance shall be sent by certified mail, return requested, to both the violator and the complaining person or a spokesperson for the complaining person. The notification shall also state what action, if any, will be taken if compliance is not timely effected.