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HomeMy WebLinkAboutOrdinance 1711ORDINANCE NO. _1711 AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTIONS 5.04.030 PERTAINING TO BUSINESS LICENSES AND 17.60.190 PERTAINING TO HOME OCCUPATION PERMITS THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, do ordain as follows: Section 1. Central Point Municipal Code Section 5.04.030 is hereby amended to read as follows: 5.04.030 Business Licenses Required. A. No person, for himself or as agent or employee of another, shall do business within the City unless such business has been duly licensed within this chapter and the license is valid at the time of the transaction of business. B. No business license shall be required for the operation of a ~~residential home~~ or a ~~residential facility~~, as those terms are defined in Oregon Revised Statutes 197.660. Section 2. 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 sigr. 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; 1 - ORDINANCE N0. /'7/j (101294) 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; 7. There shall be no entrance nor exit specifically provided in the dwelling or on the premises for the conduct of the home occupation; 8. The home occupation shall not encourage customer or client visits to the dwelling that would result in neighborhood vehicular traffic levels above those levels generated by the residential uses; 9. 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 annual 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 2 - ORDINANCE NO. 7!/ (101294) 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. Passed by the Council and gned by me in authentication of its passage this ~~ day of _ oro~~ot ) 1994. ~.u. ~~?~ Mayo oger Westensee ATTEST: City Repr ntative Approved by me this ~_ day of p~,~~, 1994. Mayo Roger Westensee 3 - ORDINANCE NO. Intl (101294)