TOBACCO TOWNSHIP ZONING ORDINANCE

Chapter 2 DEFINITIONS

HOME OCCUPATION Any business carried on by one or more members of a family residing on the premises, providing it: (Refer also to section 1112)

(a) is operated in its entirety within the principal dwelling or accessory structure;

(b) Repealed by Ordinance 09-01, eff Dec 23, 2009.

(d) does not use any mechanical equipment except that which is used normally for purely domestic or household purposes;

(e) does not use more than twenty‑five (25%) percent of the total actual floor area of the dwelling, or may use one hundred (100%) percent of the total actual floor area of the accessory structure, with a maximum total area for the home occupation of twelve hundred (1200) square feet;

(f) does not display, or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one (1) non-animated, non-illuminated, wall sign having an area of not more than four (4) square feet.

(g) does not employ more than one (1) person other than family members residing on the premises.

(h) is not conducted such that it requires parking in excess of that required for the residential structure in which it is located.

(i) home occupations specifically exclude tattoo, body piercing, massage and non-therapeutic massage parlors.

Historical Note: Amended by Ordinance 09-01, eff Dec 23, 2009

Prior to Dec 2009 amendment, this definition read as follows:

“HOME OCCUPATION Any business carried on by one or more members of a family residing on the premises, providing it:

(a) is operated in its entirety within the principal dwelling or accessory structure;

(b) does not have a separate entrance from outside the building;

(d) does not use any mechanical equipment except that which is used normally for purely domestic or household purposes;

(e) does not use more than twenty‑five (25%) percent of the total actual floor area of the dwelling, or fifty (50%) percent of the total actual floor area of the accessory structure, with a maximum total area for the home occupation of five hundred (500) square feet;

(f) does not display, or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one (1) non-animated, nonilluminated, wall sign having an area of not more than four (4) square feet.

(g) does not employ more than one (1) person other than family members residing on the premises.

(h) is not conducted such that it requires parking in excess of that required for the residential structure in which it is located.

(i) home occupations specifically exclude tattoo, body piercing, massage and non-therapeutic massage parlors.”

SECTION 1112. HOME OCCUPATION PROCEDURES AND PERMITS

(1) APPLICATION. Persons desiring to operate a home occupation (as defined in Chapter 2 Definitions) shall submit an application to the Planning Commission on forms provided by the township. Home occupations are “permitted by right” in the Agricultural and Residential Districts, however, the applicant must receive approval from the Planning Commission to ensure that the proposed use complies with the restrictions listed in Chapter 2, other provisions of the Zoning Ordinance and other township ordinances.

(2) VARIENCES AND EXCEPTIONS TO HOME OCCUPATION REGULATIONS. The Planning Commission may grant reasonable exceptions to the mechanical equipment restrictions of subsection (d) of the Home Occupation definition. The Planning Commission must consider any impact that the grant of exceptions would have on neighboring properties and residents, and that the request does not violate other provisions of the Zoning Ordinance or other township ordinances. Exceptions shall be fully explained and justification made on the record. Other exceptions to the Home Occupation regulations must be reviewed by the Zoning Board of Appeals as a nonuse variance.

(3) PERMITS. Upon approval of the application by the Planning Commission (and/or the Zoning Board of Appeals) the Zoning Administrator shall issue a Land Use Permit (LUP). A copy of the Planning Commission and/or Zoning Board of Appeals approval shall be attached to all copies of the LUP.

Historical Note: Section 1112 added by Ordinance 09-01, eff Dec 23, 2009.