HomeMy WebLinkAbout0302 Land Use Amendments - Home Occupations 1988CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 302
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
THE LAND USE PROVISIONS OF THE CHUBBUCK MUNICIPAL CODE
TO DISTINGUISH BETWEEN MAJOR AND MINOR HOME OCCUPATIONS;
TO PROVIDE FOR MINOR HOME OCCUPATIONS; TO PROVIDE FOR
MAJOR HOME OCCUPATIONS TO BE PERMITTED ONLY UPON THE
ISSUANCE OF A CONDITIONAL USE PERMIT; TO DEFINE AND
ESTABLISH REGULATIONS GOVERNING BOTH MAJOR AND MINOR
HOME OCCUPATIONS; PROVIDING FOR THE SEVERABILITY OF THE
PROVISION OF THIS AMENDATORY ORDINANCE AND OF THE
ORDINANCE AMENDED; REPEALING THOSE PROVISIONS OF THE
ORDINANCE AMENDED WHICH ARE IN CONFLICT WITH THIS
AMENDATORY ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amendment of Section 18.04.050(H).
Section 18.04.050(H) of the Chubbuck Municipal Code is
amended to read:
H. "Home occupation" means any economic activity, conducted
entirely within a dwelling structure which is clearly incidental
and secondary to the use of the structure for residential
purposes, and which meets the conditions and requirements set
forth in Section 18.12.030(G).
Section 2. Amendment of Section 18.04.040.
Section 18.04.040(A) of the Chubbuck Municipal Code is
amended to read:
18.08.040 Schedule of General Controls.
A. Land Uses by District.
ORDINANCE - Page 1
jm 15S-6
Home Occupation
(Major)
(Minor)
A R-1 R-2 R-3 R-4 C-1 C-2 I
p* p* p* p* p*
P P P P P
(P* - Permitted unless objection by any person as set forth in
18.04.030(G) (3), in which case the matter is treated as a
conditional use permit.)
Section 3. Amendment of Section 18.04.030(G).
Section 18.04.030(G) of the Chubbuck Municipal Code is
amended to read:
G. Home occupations--
~ Ne perssn 8ther ~han members 8~ ~he hs~sehs~
tweat~-~e peree~t 8f f~88r area 8f the ~we~½~ sha~ Be ~se~ ~n
the es~et 8f ~he hsme 8ee~pat~8~
~ ~eept as a~thsr~e~ B~ the esa~t~saa~ ~se permit
%ss~e~ fsr the hsme 8ee~pat~sn? there sha~½ ~e ~8 eha~e ~a the
8~ts~e appeara~ee 8f the straet~re 8r premises 8r 8ther ~s%B~e
e~eaee 8~ the es~8~et 8f s~eh hsme 8ee~pat~8~ 8ther tha~ 8~e
8%~? nsf e~eee~m~ fs~r square feet ~a area7 ~sa~m~nate~ a~
ORDINANCE - Page 2
jm 158-6
5~ Ne equ~pmen~ e~ p~eeess s~a~D ~e ~se~ Gn s~e~ heme
e~ee~r~ea~ ~n~erferenee ~e~ee~a~e ~e ~he nerma~ senses, elf ~he
~e~= ~n ~he ease ef e~ee~r~ea~ ~n~erferenee? ne eg~pmen~ er
any ra~e er ~e~e~s~en reee~ers ef~ ~e premises? er. ea~ses
1.
use st~a½½ ne~ et~an~je ~he eharae~er, e~ '~he
Minor home occupations--The following regulations
shall apply to all minor home occupations.
(a) The use shall be conducted entirely°within a
dwelling and carried on by the inhabitants thereof and no others.
(b) The use shall be clearly incidental a~d
secondary to the use of the dwelling for dwelling purposes, and the
appearance of the structure shall not be altered or the occupation
within the residence be conducted in a manner that 'would cause the
premises to differ from its residential character eitker by the. use
of colors, materials, construction, lighting, signs, or th6
emission of sounds, or vibrations that carry beyond the premises.
(c) No more than twenty-five percent of the floo~
area of the dwelling may be used for the home occupation.
ORDINANCE - Page 3
jm 15S-6
(d) There shall be no advertising, display, or
other indications of a home occupation on the premises.
(e) There shall not be conducted on the premises
the business of selling stocks of merchandise, supplies, or
products, provided that orders previously made by telephone or at a
sales party may be filled on the premises. That is, direct
sales of products off display shelves or racks are not allowed, but
a person may pick up an order placed earlier as described above.
(f) No storage or display of goods shall be visible
from outside the structure.
(g) No highly explosive or combustible material
should be used or stored on the premises. No activity shall be
allowed that would interfere with radio or television transmission
in the area, nor shall there be any offensive noise, vibration,
smoke dust, odors, heat or glare noticable at or beyond the
property line.
(h) A home occupation shall not create greater
vehicle or pedestrian traffic than normal for the district in which
it is located.
(i) Parties for the purpose of selling merchandise
or taking orders shall not be held more than four times each month.
(j) A home occupation shall have adequate parking
spaces available to compensate for additional parking needs
generated.
ORDINANCE - Page 4
jm 15S-6
(k) No use of material or equipment not recognized
as being part of the normal practices of owning and maintaining a
residence shall be allowed.
(1) Notwithstanding anY provision contained herein
to the contrary, garage, basement, yard, or other similar sales
shall not be allowed more than twice each year, and each sale shall
not last more than 72 consecutive hours.
(m) Deliveries from commercial suppliers may not be
made more than once each week, and the deliveries shall not
restrict traffic circulation.
(n) Permitted minor home occupations, providing the
above regulations are met, include, but are not necessarily limited
to, the following:
(i) Artists and sculptors;
(ii) Authors and composers;
(iii) Home crafts for sale off-site;
(iv) Office facility of a salesman, sales
representative or manufacturer's
representative or professional provided
that no transactons are made in person on
(v)
(vi)
the premises;
Individual tutoring;
Catering, preserving and cooking for sale
off-site;
ORDINANCE - Page 5
jm 15S-6
(vii) individuai'~instrument instruction
provided that no instrument may be
amplified; and
(viii) Telephone solicitation work.
(o) The uses specified below shall not be
permitted as minor home occupations
(i) All uses prohibited as major home
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
occupations;
Minor or major auto repair;
Barber shop;
Carpentry work;
Dance instruction;
Dental offices;
Medical offices;
(viii) Painting of vehicles, trailers or boats;
(ix) Photo developing or photo studios;
(x) Private schools with organized classes;
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvii)
(xviii)
Television repair;
Upholstering;
Beauty parlors;
Small engine repairs;
Welding shop;
Other similar uses; and
Any use which changes or may change the
character of the neighborhood.
ORDINANCE - Page 6
jm 15S-6
Major home occupations--The following regulations
shall apply to all major home occupations.
(a) The use shall be conducted entirely within a
dwelling and carried on by the inhabitants thereof and no others.
(b) The use shall be clearly incidental and
secondary to the use of the dwelling for dwelling purposes, and
the appearance of the structure shall not be altered or the
occupation within the residence be conducted in a manner that
would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, or vibrations.
(c) No more than twenty-five percent of the floor
area of the dwelling may be used for the home occupation.
(d) There shall be no signs present on the
property except for one sign, not exceeding four square feet in
area, nonilluminated and mounted flat against the wall of the
principal structure.
(e) There shall not be conducted on the premises
the business of selling stocks of merchandise, supplies, or
products, provided that incidental retail sales may be made in
connection with other permitted home occupations; for example, a
single-chair beauty parlor would be allowed to sell combs, hair
spray, and other miscellaneous items to customers. However, a
dressmaker would be required to do only custom work for specific
clients and would not be allowed to develop stocks of dresses for
sale to the general public on-site.
ORDINANCE - Page 7
jm 15S-6
(f) There shall be no exterior storage on the
premises of material used in the home occupation nor of any highly
explosive or combustible material. No activity shall be allowed
which would interfere with radio or television transmission in the
area; nor shall there by any offensive noise, vibration, smoke,
dust, odors, heat or glare noticeable at or beyond the property
line.
(g)
No significant traffic shall be generated by
such home occupation. Any need for parking generated by the
conduct of such home occupation shall meet the off-street parking
requirements as specified in subsection I of this section and
shall not be located in a required front yard.
(h) Deliveries from commercial suppliers may not
be made more than once each week, and the deliveries shall not
restrict traffic circulation.
(i) Parties for the purpose of selling merchandise
or taking orders shall not be held more often than fou~ times each
month.
(j) Notwithstanding any provision contained herein
to the contrary, garage, basement, yard, or other similar sales
shall be permitted not more than once each month, and each sale
shall not last more than 72 consecutive hours.
(k) Permitted major home occupations, provided the
above regulations are met, shall include but are not necessarily
limited to the following:
(i) Any use allowed as a minor home occupation;
ORDINANCE - Page 8
jm 15S-6
(ii)
(iii)
(iv)
(v)
(vi)
Single-chair beauty parlors and barber
shops;
Photo developing and photostudios;
Organized classes with up to six students
at one time;
Television and other electrical repairs
excluding major appliances such as
refrigerators or storage;
Small engine repairs, excluding major
automobiles, motorcycles and snowmobiles;
(vii) Upholstering;
(viii) Dressmaking; and
(ix) Woodworking excluding cabinet making.
(1) The uses specified below shall not be
permitted as home occupations:
(i) Minor or major auto repair, painting of
vehicles, trailers or boats;
(ii) Funeral chapel or home;
(iii) Gift shop;
(iv) Medical or dental clinic;
(v) Rental businesses;
(vi) Catering;
(vii) Massage parlors;
(viii) Welding or machine shops; and
(ix) Any use which changes or tends to change
the character of the neighborhood.
ORDINANCE - Page 9
jm 15S-6
3. Permit procedures for major home ocCupations.
(a) Any person applying for a permit for a major
home occupation shall make application as set forth in Title 18 of
the Chubbuck Code; provided, however, that person shall, on an
application form provided by the City, list the names and
addresses of all owners of record and known occupants of property
within the external boundaries of the land being considered and,
from the outermost points where applicant's property borders the
city street, for three hundred feet each way from that point along
and on either side of said city street.
(b) If all of the above described owners or
occupants sign applicant's application for a major home occupation
permit, then said permit shall be granted. If any occupant or
owner of record refuses to sign, then applicant shall be required
to seek the issuance of a conditional use permit for the major
home occupation.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions
of any Ordinance of the City of Chubbuck, Idaho, and any provision
of the Chubbuck Municipal Code which are in conflict with the
provisions of this Ordinance are hereby repealed to the extent of
such conflict. All other sections and provisions of Chapter 18
not herein amended shall remain in full force and effect.
ORDINANCE - Page 10
jm 15S-6
MINOR HOME OCCUPATION CERTIFICATE
Name of Applicant:
Address:
Description of Home Occupation:
The zoning ordinance of the City of Chubbuck requires all minor
home occupations to comply with the following requirements:
The use shall be conducted entirely within a dwelling and
carried on by the inhabitants thereof and no others.
The use shall be clearly incidental and secondary to the use
of the dwelling for dwelling purposes, and the appearance of
the structure shall not be altered or the occupation within
the residence be conducted in a manner that would cause the
premises to differ from its residential character either by
the use of colors, materials, construction, lighting, signs,
or the emission of sounds, or vibrations that carry beyond
the premises.
No more than twenty-five percent of the floor area of the
dwelling may be used for the home occupation.
There shall be no advertising, display, or other indications
of a home occupation on the premises.
There shall not be conducted on the premises the business of
selling stocks of merchandise, supplies, or products,
provided that orders previously made by telephone or at a
sales party may be filled on the premises. That is, direct
sales of products off display shelves or racks are not
allowed, but a person may pick up an order placed earlier as
described above.
No storage or display of goods shall be visible from outside
the structure.
No highly explosive or combustible material should be used or
stored on the premises. No activity shall be allowed that
would interfere with radio or television transmission in the
area, nor shall there be any offensive noise, vibration,
smoke dust, odors, heat or glare noticable at or beyond the
property line.
jm 15S-9
A home occupation shall not create greater vehicle or
pedestrian traffic than normal for the district in which it
is located.
Parties for the purpose of selling merchandise or taking
orders shall not be held more than four times each month.
10.
A home occupation shall have adequate parking spaces
available to compensate for additional parking needs
generated.
11.
No use of material or equipment not recognized as being part
of the normal practices of owning and maintaining a residence
shall be allowed.
12.
Notwithstanding any provision contained herein to the
contrary, garage, basement, yard, or other similar sales
shall not be allowed more than twice each year, and each sale
shall not last more than 72 consecutive hours.
13.
Deliveries from commercial suppliers may not be made more
than once each week, and the deliveries shall not restrict
traffic circulation.
I have read the requirements in the zoning ordinance for home
occupations. I understand that if my home occupation does not
comply with one or more of the requirements, it will be in
violation of the zoning ordinance, and may be subject to criminal
and civil penalties.
Signature of Applicant
Date
jm 15S-9
MAJOR HOME OCCUPATION CERTIFICATE
Name of Applicant:
Address:
Description of Home Occupation:
The zoning ordinance of the City of Chubbuck requires all major
home occupations to comply with the following requirements:
The use shall be conducted entirely within a dwelling and
carried on by the inhabitants thereof and no others.
The use shall be clearly incidental and secondary to the use
of the dwelling for dwelling purposes, and the appearance of
the structure shall not be altered or the occupation within
the residence be conducted in a manner that would cause the
premises to differ from its residential character either by
the use of colors, materials, construction, lighting, signs,
or the emission of sounds, or vibrations.
No more than twenty-five percent of the floor area of the
dwelling may be used for the home occupation.
There shall be no signs present on the property except for
one sign, not exceeding four square feet in area,
nonilluminated and mounted flat against the wall of the
principal structure.
There shall not be conducted on the premises the business of
selling stocks of merchandise, supplies, or products,
provided that incidental retail sales may be made in
connection with other permitted home occupations; for
example, a single-chair beauty parlor would be allowed to
sell combs, hair spray, and other miscellaneous items to
customers. However, a dressmaker would be required to do
only custom work for specific clients and would not be
allowed to develop stocks of dresses for sale to the general
public on-site.
There shall be no exterior storage on the premises of
material used in the home occupation nor of any highlY
explosive or combustible material. No activity shall be
allowed which would interfere with radio or television
jm 15S-10
Be
10.
11.
transmission in the area; nor shall there by any offensive
noise, vibration, smoke, dust, odors, heat or glare
noticeable at or beyond the property line.
No significant traffic shall be generated by such home
occupation. Any need for parking generated by the conduct of
such home occupation shall meet the off-street parking
requirements as specified in subsection I of this section and
shall not be located in a required front yard.
Deliveries from commercial suppliers may not be made more
than once each week, and the deliveries shall not restrict
traffic circulation.
Parties for the purpose of selling merchandise or taking
orders shall not be held more often than four times each
month.
Notwithstanding any provision contained herein to the
contrary, garage, basement, yard, or other similar sales
shall be permitted not more than once each month, and each
sale shall not last more than 72 consecutive hours.
Permitted major home occupations, provided the above
regulations are met, shall include but are not necessarily
limited to the following:
I have read the requirements in the zoning ordinance for home
occupations. I understand that if my home occupation does not
comply with one or more of the requirements, it will be in
violation of the zoning ordinance, and may be subject to criminal
and civil penalties.
Signature of Applicant
Date
jm 15S-10
Signatures, names and addresses of all owners of record and known
occupants of property with the external boundaries of the land
being considered and, from the outermost points where applicant's
property borders the city street, for three hundred feet each way
from that point along and on either side of said city street:
Signature Date
Name Address
Signature Date
Name Address
Signature Date
Name Address
Signature Date
Name Address
Signature Date
Name Address
Signature Date
Name Address
jm 15S-10
Signature
Name
Date
Address
Signature
Date
Name
Address
Signature
Date
Name
Address
Signature
Date
Name
Address
Signature
Date
Name
Address
Signature
Date
Name
Address
Signature
Date
Name
Address
jm 15S-10
Section 2. Severability. If any provision of this ordinance
is held invalid, for any reason, by any court of competent
jurisdiction, such holding shall not affect the validity or
enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a reading
in full, is hereby dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication as provided
by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 12th day of APRIl , 1988.
~AYOR /
ATTEST:
CITY CLERK
ORDINANCE - Page 11
jm 15S-6