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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