Ordinance #137

Zoning
Home Occupation Zoning - Village of Ashwaubenon

An Ordinance Repealing And Recreating The Provisions Of Section 17.02 Of The Zoning Code Of The Municipal Code Of The Village Of Ashwaubenon Brown County, Wisconsin Relating To Home Occupation

The Village Board Of The Village Of Ashwaubenon Do Ordain That The Provisions Of Section 17.02 Of The Zoning Code Of The Village Of Ashwaubenon Municipal Code Relating To Home Occupation Be Repealed And Recreated To Read As Follows:

SECTION 1. 17.02 DEFINITIONS

HOME OCCUPATION. (Am. #02-4-88) A gainful occupation conducted in a residential structure which meets all of the following conditions:

(a) Employees. Only occupants of the home or no more than one non-occupant FTE as a CUP (see CUP)

(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

1. Day care and home care are exempt from the 25% gross floor area requirement.

(c) No home occupation shall be conducted in accessory buildings.

(d) All sales in connection with such home occupation, shall be clearly related to the service provided.

(e) IMPACT ON NEIGHBORS

1. No vehicular traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

2. No Home Occupation may have deliveries to or from the dwelling more than once in any one month or 4 times in any 12 month period by truck tractor trailer having a combined maximum vehicle and load weight limit in excess of 10,000 lbs. or trailers requiring a license to be operated on highways in this state. This delivery restriction does not apply to step van vehicles such as United Parcel Service or Federal Express vehicles.

3. No equipment process that creates visual/audio electrical Interference.

4. There shall be no noise, fumes, glare and vibrations generated by the Home Occupation.

5. There shall be no visual display of products on the premises or there shall be no external visual display of products on the premises.

6. There shall be no external evidence of the home occupation, with the exception of signage.

(f) No combustibles, oxidizers or other potentially dangerous supplies or equipment shall be stored o the premises, unless locked in a metal locker, designed for storage of same.

(g) SIGNAGE. Name plates not to exceed 1 square foot.

(h) VEHICLES. Only 1 vehicle whose primary use is associated with the Home Occupation may be visible.

1 . Visible shall be defined as parked on the driveway or on the street.

(I) ZONING REQUIREMENTS. Home Occupation shall only be conducted in the Single Family Zoning District or Home Occupation in Duplex or Multi-Family zoned districts shall be considered a conditional use with the owner /landlord's written approval or authorization and/or as a condition of the lease/contract (see CUP).

(J) When within the above requirements, a home occupation includes, but is not limited to, the following:

1. Childcare Operation

2. Computer Sales and Consultation

3. Computerized Sign Making

4. Daycare / Home Care Operators

5. Draperies, Tailors and the like

6. Home Care Operation

7. Home Offices

8. Insurance Office

9. Licensed Gunsmith

10. Real Estate Agent Offices

11. Telecommunications Office

12. Telemarketing Office

(k) CONDITIONAL USE PERMITS. The following may be permitted uses providing annual inspections are made of the premises to determine and evaluate Health Safety, Public Welfare and Neighborhood Property Considerations, or (determine, review and evaluate). These CUPS shall be brought to the Village Board on an annual basis at the last Village Board meeting in December, with neighbors within 200 feet being notified of this meeting. All Conditional Use Permits issued to Home Occupation uses shall be subject to a $10.00 annual review fee.

1 . Dog Grooming

2. Printing

3. Cabinet Making

4. Picture Framing

5. Barbering / Hair Styling / Home Beauty Salon

6. Non-Licensed Day Care / Home Care Child Care

7. Any home occupation with a non-occupant full-time employee

8. Any home occupation in a Duplex or Multi-Family Zoned District

(l) NOT ACCEPTABLE AS HOME OCCUPATIONS

1 . Auto or Light Truck Repair

2. Auto or Light Truck Sales

3. Welding or Metal Working Shops

4. Any and all businesses that would store or park heavy equipment on residential property. Heavy equipment may be defined as backhoes, trenchers, loaders, tractors, bulldozers, graders, cranes, forklifts or similar like equipment.

5. Restaurants or antique shops.

6. Households holding rummage sales more than 4 times per year.

7. Machine, tool and die, or similar type shops.

8. Heating, ventilation, air conditioning or similar businesses.

9. Any other uses or occupation that would have negative impact on the neighborhood and property values , or affects the health, safety and welfare of adjacent residents.

(m) No one shall conduct a Home Occupation without first obtaining a permit from the Building Inspector. The cost of such permit shall be $25.00. If found operating a Home Occupation without a permit, the fee shall be quadrupled ($100.00).

(n) All Home Occupations shall comply with applicable State and Federal laws, rules and regulations and prior to the issuance of a Home Occupation Permit, the applicant shall furnish proof of compliance.

SECTION 2. All ordinances or parts of ordinances, in conflict herewith are hereby repealed.

SECTION 3. This ordinance shall take effect upon approval and publication.