HomeMy WebLinkAboutOrdinance 1735ORDINANCE NO. 1735
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
SECTION 17.60.190 PERTAINING TO HOME OCCUPATIONS
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
Section 1. Central Point Municipal Code Section 17.60.190
is hereby amended to read as follows:
17.60.190 Home Occupations. A. Purpose and Scope.
The intention of the home occupation permit for residential Zones
is to provide for a limited service-oriented business activity
which is conducted in such a manner that the residential
character of the building and the neighborhood is preserved.
B. Permit Transfers. No permit for a home occupation shall
be transferred or assigned, nor shall the permit authorize any
person other than named therein to commence or carry on the
occupation for which the permit was issued.
C. Permit Required. The city administrator, or his
designate, shall issue a home occupation permit if, and only if,
he finds that all of the following criteria are, and will be, met
by the individual applicant. The permit may include conditions
setting an expiration date, requiring periodic review and
renewal, requiring the applicant to sign an acknowledgement of
the conditions, or other conditions specifically dealing with the
property use involved, where such conditions are found to be
reasonably necessary to maintain the criteria herein mentioned.
1. The home occupation must be conducted solely within
the confines of an accessory structure or the main dwelling and,
if within the main dwelling, the home occupation shall not exceed
ten percent of the total floor area;
2. Carports shall not be used for the home occupation. A
portion of a garage may be used for the home occupation only if
the applicant can show that there will be no resulting loss in
the number of required off-street parking spaces;
3. No signs associated with such a use shall be
permitted;
4. The occupation shall be conducted by a member or
members of the family residing on the property as an incidental
use to the primary residential use. No additional person or
persons shall be employed;
5. In conducting the home occupation, there shall be no
mechanical noise so loud, unusual, or penetrating as to cause
discomfort or annoyance to Adjacent residents; no such noise
shall be perceptible on any adjacent property;
6. The home occupation shall not have utility services
other than those required for normal residential use;
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7. There shall be no entrance nor exit specifically
provided in the dwelling or on the premises for the conduct of
the home occupation;
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4. The electrical, plumbing, or structural elements of
the dwelling shall not be significantly altered in order to
accommodate the home occupation;
10. The yards, landscaping, and exterior of the structure
shall not be altered from their residential character in order to
make the site appear to be a commercial business.
D. Fee Required. At the time of application to the city
administrator, or his designate, for a home occupation permit,
the applicant is required to pay, in addition to an annudl
business license fee on application twenty-five dollars. This
application fee is nonrefundable.
E. Revocation. The permit may be revoked by the city
administrator for violation of any conditions imposed or
authorized, or when it has been found that the occupation is
being conducted in violation of any state statute or city
ordinance in a disorderly manner, to the detriment of the public,
or when the occupation is being carried out by a person other
than that named on the permit. The city administrator, before
revoking a permit, shall give the permittee reasonable notice and
an opportunity to be heard.
F. Appeal. Any applicant or affected or concerned property
owner has the right to appeal the decision of the city
administrator or his designate, to the planning commission, in
the manner provided by Section 17.60.170 of this code.
G. Existing Uses. Persons engaged in home occupations
lawfully in existence on residentially-owned premises on the
effective date of the amendment codified in this section may
continue to thus operate but shall be required to secure a permit
hereunder, and any such activity, use, or accessory sign, device
or structure, or part thereof, which does not conform to this
section shall not be permitted to expand or enlarge and shall be
removed or terminated upon (1) change of use or ownership of the
premises; or (2) written complaint of adjacent property owners,
after due notice and hearing, if the city administrator finds
that the interference with the use and enjoyment of the
neighboring premises is such as to defeat the purpose of the
zoning ordinance.
H. Nothing in this section or any other code provision
shall be construed to require the issuance of a Home Occupation
Permit for a "residential home" or a "residential facility", as
those terms are defined in Oregon Revised Statutes 197.660.
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Section 2. Based upon a pending application which depends
on this amendment for its approval, an emergency is hereby
declared to exist, and this ordinance shall be effective upon
passage.
Passed by the Council and siq~ d by me in authentication of
its passage this ~ day of ~ , 1996.
Mayor Rusty McGrath _
ATTEST:
City Repr nt tive
Approved by me this _~_ day of 1996.
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Mayor Rusty McGrath
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