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HomeMy Public PortalAbout1991-08ORDINANCE NO. 1991 -8 ® AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE HOME OCCUPATIONS WHEREAS, the Plan Commission of the City of Greencastle, has initiated and prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on March 26, 1991, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana on March 15, 1991; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36 -7 -4- 603 in consideration of the ordinance and determination of a recommendation made to the Common Council; ® WHEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in IC- 36 -7 -4 -603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. Therefore, BE IT ORDAINED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: 1 . y SECTION 1. DEFINITIONS That the City of Greencastle Planning and Zoning Ordinance, Chapter 801 -5 of the City of Greencastle Code, is hereby amended as follows: HOME OCCUPATION. An occupation that is carried on entirely within a dwelling unit and only by members of the family that occupies the dwelling unit_ and in- eenneet -with- which -no-goads a re- seld -on- the— jDremri vt iiei- -tha-rr -whert -ig- produced- -there . -- -Net mere - than- ene - {� }- ream - #n- the- dtrei }ing- nni €- 9ha } }- be- aseel - €er -the heme- eeengatien- See Chapter 831. SECTION II. That the City of Greencastle Planning and Zoning Ordinance is hereby amended by adding the following chapter. CHAPTER 831 e HOME OCCUPATIONS 831 -5 STANDARDS FOR HOME OCCUPATIONS Home occupations may be allowed in any building rated for residential occupancy in any district provided the business is small and unobstructive and the following requirements are met: A. The primary use of the unit is a dwelling; B. The following standards are complied with in full at all times: 1. No person other than a resident of the dwelling unit is engaged or employed in the home occupation, and the number of residents employed in the home occupation shall not exceed two; 2. No sign is displayed which would be visible from outside the dwelling unit. e 3. No mechanical equipment is to be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes; 4. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials are used or stored on the site; O 5. There are no outside operations, storage, or display of materials or products; 6. Total storage of materials or products used in the business shall not exceed 128 cubic feet; 7. No alteration of the residential appearance of the premises occurs, including creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the business; S. No process is used which is hazardous to public health, safety, morals, or welfare; 9. visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence including not more than two business visitors an hour and eight a day and not more than two deliveries of products or materials a week; 10. The home occupation shall not displace or impede use of parking spaces required this title, including any business storage in required garage parking areas; 11. No advertisement shall be placed in any media containing the address of the property; and 12. Not more than two vehicles shall be utilized in the business and no commercially licensed vehicles shall be utilized in the business. 831 -10 ALLOWABLE HOME OCCUPATIONS A. The following uses shall be allowed home occupations: 1. Architectural service; 2. Art restoration; 3. Art studio; 4. Baby sitting (excludes Daycare Homes and Daycare Centers); 5. Consulting service; 6. Contracting (except as specifically prohibited); 7. Data processing; on 8. Dental technician with laboratory; 9. Direct sale product distribution ( for example. Amway, Avon, Jaffra, Tupperware, Herbalife); " " V.1N 11 10. Drafting and graphic services; 11. Dressmaking, sewing, tailoring, contract sewing (one machine); 12. Electronic assembly; 13. Engineering service; 14. Financial planning, investment services; 15. Flower arranging; 16. Gardening, landscape maintenance; 17. Home crafts (including ceramics with kiln up to six cubic feet); 18. House cleaning service; 19. Insurance sales or broker; 20. Interior design; 21. Jewelry making; jeweler; 22. Laundry, ironing service; 23. Locksmith; 24. Mail order (not including retail sales from site); 25. Millinery; 26. Music lessons (individual); 27. Real estate sales or broker; 28. Sales representative (office only); 29. Security service, security systems, auto security systems; 30. Swimming pool cleaning; 31. Telephone answering, switchboard, call forwarding; 32. Tutoring; 33. Typing, word - processing service; 34. Wallpapering; 35. Watch repair; and 36. Writing, computer programming. 831 -15 HOME OCCUPATIONS NOT LISTED e All uses not listed in 831 -10 shall require a Letter of Confirmation of Zoning. Such letter shall address a specific use. The Zoning Administrator shall decide requests for 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. Each use decision shall be used to create a supplemental list of approved and denied home occupation uses. Once a use is listed on either the approved or denied list, a Letter of Confirmation of Zoning shall not be required for that use, but the use shall either be approved or denied based on the classification on the supplemental list. 831 -20 NONCONFORMING USE. The home occupation shall not be considered a nonconforming use in the event of revisions to the applicable provisions of this title. SECTION III. EFFECTIVE DATE; PUBLICATION. • This ordinance takes effect upon passage. The Clerk- Treasurer of the City of Greencastle is ordered to have this ordinance published by inserting a copy of the ordinance in each of the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. THIS ORDINANCE was passed and adopted this 14th day of May, 1991. z z Michael M. Harmless, A h T: Presiding Officer Ber y - Treasurer L J " Presented by me to the Mayor 14th day of May, 1991, at Q; /0 ATTEST: Yudith Ber y rk- Treasurer Approved and signed /U o'clock,S..m. of Greencastle, Indiana, this o'clock, .m. u ith Be7fryl, C rk- Treasurer by me this 14t day of Ma , 1991 at Michael M. Harmless, Mayor 11