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<br />visit any home-based business located on a
<br />local street.
<br />
<br />SIGNS
<br />Some residential districts restrict home occu-
<br />pation signage. Municipalities may regulate
<br />the use of signs for home occupations with-
<br />out violating the First Amendment as an exer-
<br />cise of state police power. Papillion outright
<br />prohibits home occupation signs, as does
<br />HiIlsboro, Oregon. The zoning ordinance of
<br />the Village of Olympia Fields, Illinois, pro-
<br />vides, in part that, "there shall be no exterior
<br />display, no exterior sign except as allowed by
<br />the sign regulations for the district in which
<br />such home occupation is located. . . ~
<br />Municipalities may choose to regulate
<br />the size of signs related to home occupa-
<br />tions to ensure they fit in with the character
<br />of the community. For example, the zoning
<br />ordinance for the Borough of Kane provides,
<br />in part, that "there shall be no exterior dis-
<br />play or no sign larger than two feet by three
<br />feet (unlit) . . . and no other exterior indica-
<br />tion of the home occupation. ~ In addition,
<br />localities may regulate the number of signs
<br />advertising the home occupation on each
<br />lot zoned for su'ch use_ For example, the
<br />zoning ordinance for Albany provides that
<br />residents "shall not display or create out-
<br />side the building any evidence of the home
<br />occupation, except. . . one unanimated,
<br />non-illuminated flat or window sign having
<br />an area of not,more than two square feet. .
<br />. on each street front of the zone lot on
<br />which the building is situated.~ Alfred com-
<br />bines these two approaches to sign regula:
<br />tion and provides that"home occupations
<br />signs relating only to goods or services
<br />available on premises, which may be sur-
<br />face mounted or freestanding. . . may not
<br />exceed three square feet in surface area and
<br />the top edge six feet in height. Only one
<br />home occupation sign is permitted per
<br />premises. Any home occupation sign dis-
<br />played inside a window is considered a sign
<br />and is counted in the sign area allowed for
<br />home occupations.'
<br />
<br />OTHER REQUIREiVlENTS
<br />While the discussion above focuses on the
<br />major issues involved with the regulation of
<br />home-based businesses, municipalities may
<br />find it desirable to adopt additional require-
<br />ments to protect the character of the residen-
<br />
<br />60
<br />
<br />tial neighborhood. For example, some ordi-
<br />nances limit the type of alterations made to
<br />the residential building housing the home
<br />occupation. Albany prohibits alteration of the
<br />principal residential building where such
<br />changes alter the character and appearance of
<br />the dwelling. Papillion prohibits any change in
<br />the exterior appearance of the building or
<br />premises housing the home occupation. Old
<br />Saybrook prohibits external evidence of the
<br />home occupation, except for permitted signs
<br />and required off-street parking.
<br />Still other zoning regulations prohibit the
<br />outdoor storage of equipment or materials
<br />used in the home occupation, or restrict the
<br />number of commercial vehicles a home-based
<br />
<br />Municipalities may.
<br />adapt additianal
<br />requirements to. protect
<br />the character af the
<br />residential neighbarhaad.
<br />. . . same ardinances
<br />limit the type af alteratians
<br />made to. the residential
<br />building hausing
<br />the hame o.~cupatian.
<br />
<br />business can use. For example, the Albany
<br />zoning ordinance provides that any home
<br />occupation cannot use more than one com-
<br />mercial vehicle and must store it in an
<br />enclosed garage. The Papillion zoning ordi-
<br />nance prohibits the outdoor storage of materi-
<br />als or equipment used in the home occupation
<br />other than motor vehicles used by the owner
<br />to conduct the occupation, and prohibits the
<br />parking or storage of heavy commercial vehi-
<br />cles in connection with the home occupation.
<br />Albany also restricts "mechanical. electrical, or
<br />other equipment which produces noise, elec-
<br />trical, or magnetic interference, vibration, heat,
<br />glare, or other nuisance outside the residential
<br />or accessory structure. ~ Papillion limits such
<br />equipment supporting the home occupation to
<br />only self-contained equipment within the
<br />structure and that is normally used for office,
<br />domestic, or household purposes.
<br />
<br />Quality of life remains an overarching
<br />theme. in the regulation of home occupations.
<br />For example, Alfred's zoning ordinance pro.
<br />vides that home occupations may not
<br />adversely affect any natural resource or envi-
<br />ronmentally sensitive area such as a wetland,
<br />aquifer, watercourse, water body, etc. To
<br />address quality-of-Iife concems. Papillion pro-
<br />vides that "no noise, odors, bright lights, elec-
<br />tronic interference, storage, or other external
<br />effects attributable to the home occupation
<br />shall be noticeable from any adjacent property
<br />or public right-of-way. No home occupation
<br />shall discharge into any sewer, drainage way,
<br />or the ground any material which is radioac-
<br />tive, poisonous, detrimental to normal sewer
<br />plant operation, or corrosive to sewer pipes
<br />and installations.' The ordinance in Old
<br />Saybrook states that "the home occupation
<br />and the conduct thereof shall not impair the
<br />residential character of the premises nor
<br />impair the reasonable use, enjoyment, and
<br />value of other residentiaLproperty in the
<br />neighborhood_ .
<br />
<br />TERMINATION OF HOME OCCUPATIONS
<br />Municipalities may provide for the eventual
<br />termination of a permitted home occupation.
<br />Any change in use would undergo similar
<br />review to ensure compatibility with the neigh-
<br />borhood. The municipality may communicate
<br />to the occupant that the allowed home occu-
<br />pation. once permitted, remains unique to the
<br />applicant only, and that a new owner would
<br />need to apply for permission to operate the
<br />previous home. based business. For example,
<br />Old Saybrook requires that the person operat:
<br />ing the home occupation sign the permit
<br />application and attach a detailed description
<br />of the proposed use. Each certificate of zoning
<br />compliance allowing the use automatically ter-
<br />minates when the applicant no longer resides
<br />in the dwelling unit.
<br />
<br />CONCLUSION
<br />Planners are increasingly being challenged to
<br />design ways to legitimize home occupation
<br />uses in previously residential-only
<br />zoning districts while also preserving the char-
<br />acter of the traditional residential community.
<br />Aexible zoning techniques, including special
<br />use permits and performance standards, as
<br />methods of regulating home-based business
<br />uses offer opportunities for creativity in the
<br />design of effective regulations.
<br />
<br />ZONING PRACTICE 9.06
<br />AMERICAN PLANNING ASSOCIATION I page 6
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