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Section 405.420: Home Occupations - Intent
The provisions in this Section are intended to allow for the use of portions of residential structures or accessory structures in residential districts for economic gain. It is not the intent of this Chapter to subvert the commercial zoning districts contained in the zoning regulations nor to allow any use which is detrimental to the use of the property for residential purposes.
Section 405.430: Home Occupations - Performance Standards
Performance standards are as follows:
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Home occupations shall involve no more than one (1) employee outside the resident family.
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Home occupations shall not alter the residential appearance of the residence in which they are conducted and no home occupation may be continued in a residence that is otherwise vacant.
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A home occupation may display one (1) sign that meets the following conditions:
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The sign may not exceed four (4) square feet in effective area.
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The sign must be attached to the structure in which the home occupation takes place.
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The sign may not be illuminated, either directly or indirectly.
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Home occupations should not involve more than occasional client or customer visits and the construction of additional parking to serve the home occupation is prohibited.
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No home occupation shall necessitate regular truck deliveries, nor shall a commercial vehicle be allowed as a part of the home occupation.
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There shall be no outside storage of materials that are used in the home occupation.
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The total area used for the home occupation shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling.
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There shall be no offensive noise, dust, smoke, odors, heat or glare noticeable at or beyond the property line.
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The following uses shall not be permitted as home occupations:
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Animal hospitals, veterinary clinics or kennels.
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Nursing homes.
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Restaurants.
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Automobile and other motor vehicle repair.
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Antique shops.
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Group day care homes.
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Boarding or lodging of three (3) or more people for remuneration.
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Dance, art or other instructional occupations with more than six (6) students at any one (1) session.
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Physicians, dentists, chiropractors.
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Barber and beauty shops.
Section 405.440: Home Occupations Business License Required
All home occupations are required to obtain a business license issued by the City of Pleasant Hope before such home occupation may commence.
Section 405.450: Non-Conforming Uses, Buildings and Structures
Sub Section A. Authority to Continue
The lawful use of any building, structure or land existing at the effective date of this Section may be continued although such use does not conform with the provisions of this Section.
Sub Section B. Repairs and Maintenance
Repairs and alterations necessary for the general maintenance of a building or structure may be made to a non-conforming building or structure, provided that no structural alteration shall be made and further provided that this Section shall never be construed to allow an addition to a non-conforming building or structure. Structural alterations and/or additions may be allowed in the event that the entire use, building or structure is brought into conformance.
Sub Section C. Damage or Destruction
Any non-conforming building or structure which is damaged, partially or fully destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God, shall not be repaired or rebuilt or used for the same purpose if the expense of such repair or rebuilding exceeds sixty percent (60%) of the replacement costs of the building or structure at the time such damage took place. Any repair or replacement of a building or structure damaged in excess of sixty percent (60%) of its replacement cost at the time of such damage shall conform to all regulations of the zoning district in which it is located.
Sub Section D. Change in Use
When no structural alterations are made in any building or structure devoted to a non-conforming use, the use of the building or structure may change from one (1) use to another use permitted in the zoning district in which the non-conforming use is allowed, provided that the uses are similar to one another and the proposed use is not more intense in terms of activity, traffic generation and impacts on surrounding property. At such time a non-conforming use changes to a conforming use, it shall not thereafter be changed back to a non-conforming use.
Sub Section E. Abandonment or Discontinuance
When a non-conforming use of land or of a building or structure is abandoned or vacant for a period of one (1) year, no portion of the building or structure may be used except in conformity with the regulations. This provision shall not apply to non-conforming buildings or structures that are for sale with the intent of same or similar use, nor shall it apply to buildings or structures which are being repaired in accordance with Sub Section (B) above and further provided that such work proceeds and is completed in a timely fashion.
Sub Section F. Expansions and Enlargement
No building or structure devoted in whole or part to a non-conforming use shall be enlarged or added to in any manner unless such building or structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
Section 405.460: Farm Animals in Residential Zones
Except as hereinafter specified, farm animals maintained on any residential zoned property at the time of the effective date of the City of Pleasant Hope Zoning Regulations may continue as a legal, non-conforming use, subject to the following provisions:
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The number of farm animals shall not be increased, nor shall any existing farm animal be replaced by a different species of farm animal.
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When the resident at the time of the effective date of the Zoning Regulations no longer occupies the property, the maintenance of farm animals on the property shall cease and the property shall not be used except in conformity with the provisions of the residential zoning district in which it is located.
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