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Chardon cuts home businesses down to size
(by Joseph Koziol Jr. - November 17, 2010)
Chardon cuts home businesses down to size
By JOSEPH KOZIOL JR.
Chardon City Council approved legislation last week intended to strengthen home-occupation rules.
Council voted 6-1 to put new rules in place which restrict the size of home businesses and prohibit certain uses for them.
Debate on the new rules centered for the most part on how much of a home could be used for a business. Council had looked at whether 25 percent of the home could be used or whether it should be limited to 200 square feet.
Council settled on the 25 percent rule and eliminated the use of garages or outbuildings for the business.
Many of the requirements contained in a 1983 ordinance were adopted in the new ordinance, although further restrictions were made to ensure that residential areas continue to exhibit a residential character.
The original ordinance prohibits changing the exterior of a home, as does the new ordinance. The old and new ordinances also restrict equipment or processes that create noise, vibration, glare, fumes, odors or electrical interference "detectable to normal senses off the lot."
The new ordinance now prohibits the use of garages or outbuildings for storage, as all operations must be conducted within the home.
The new ordinance also addresses traffic, stating: "No home occupation shall require the daily services of a commercial freight carrier which produces traffic in greater frequency or of a different nature than normally found in the surrounding residential area."
Previously, only family members were allowed to be employees of the home business. The new legislation relaxes that requirement and allows one employee other than family household members.
The new ordinance also cites specific permitted home occupations. They include artist studio, hairdresser and offices for architects, accountants, dentists, engineers and surveyors, lawyers, optometrists, physicians, professional consultants, real estate agents, sales representatives, residential telecommuting, tailors and tutors or personal instructors.
It also lists specific prohibited uses which include bed and breakfasts, day-care centers, family day-care homes, private schools and home offices when the resident has a principal location for work activity located off the premises.
With council's vote, it also passed the authority of approving uses similar to those permitted to the city's planning and zoning administrator. Previously, the city's board of zoning appeals reviewed such matters to decide if a use is appropriate.
Mayor Philip King said the city's desire has been to give more authority to the administration.
Councilwoman Deborah Reiter, however, said the matter should go before one of the city's zoning boards. She said she would rather have several people review the matter rather than a single individual.
Mr. King said that would impose a burden on applicants, who would pay a $375 fee to go before the boards.
Mrs. Reiter said that fee could be reduced. She also questioned how the restrictions would be policed by the city.
John Sheehan, the city's planning and zoning administrator, said policing would occur only if the city received a complaint from neighbors of the home occupation. He said that is the same way the city handled the previous ordinance regulating home occupations.
Mr. King said that in several instances, such as remodeling, the city does not review whether residents followed their applications to the letter.
Mr. Sheehan said residents will pay a fee with their application, similar to those imposed for accessory uses, such as garages.
Assistant City Manager Randy Sharpe said that the new ordinance simplifies the process in terms of time and money for the city and its residents.
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