HomeMy WebLinkAboutOrdinance 03-1996 . �
. - . .
ORDINANCE NO. 3-96
AN ORDINANCE REVISING THE ZONING ORDINANCE OF THE CITY OF BROOKINGS
PERTAINING TO HOME OCCUPATION REGULATIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH
DAKOTA, THAT ARTICLE VII, CHAPTER 50, THE 1994 REVISED ZONING ORDINANCE SHALL
BE AMENDED, AS FOLLOWS, TO-WIT:
I.
Section 50.70.200. ADDITIONAL USE REGULATIONS.
50.70.220
Home Occupations. The City of Brookings recognizes the need for some citizens to use their place of
residence for limited nonresidential activities. However, the City believes that the need to protect the
integrity of its residential districts is the primary concern. A Zoning and Use Registration Permit and a
Conditional Use Permit are the methods used to allow and regulate nonresidential activity within a
residential district.
The objective of these permits is to allow a limited commercial type activity in a residential district
only to an extent that neighbors or passersby will not be aware of the activity by any outward appearance or
may be aware of the occupation by the existence of a sign or additional traffic. It is therefore necessary to
categorize home occupations as minor home occupations and major home occupations.
A. Minor Home Occupation. A minor home occupation shall be allowed upon a premises provided
the occupation complies with the following:
1. The occupation shall be conducted entirely within the principal building. No occupation,
storage of goods, materials or products shall be allowed in any accessory building.
2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit for
residential purposes.
3. The occupation shall not occupy more than five hundred (500) square feet of the gross floor
area of one story.
4. Only residents of the dwelling unit shall be employed or participate in the home occupation.
5. Signs shall not be permitted.
6. There shall be no exterior display, exterior storage or other exterior indication of the home
occupation.
7. No occupation shall require internal alterations or involve construction features not
customary in a dwelling unit. External alterations intended to create a separate entrance or
other feature exclusively for the business are prohibited.
8. Mechanical equipment which is not customarily or ordinarily used for household or hobby
purposes is prohibited.
9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials
are prohibited.
10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or
vibration detectable to the normal senses off the property and any equipment or process
which creates visible or audible interference in radio or television receivers shall be
prohibited.
, • • � .
11. The occupation shall not generate additional pedestrian or vehicular traffic (beyond that
normal to the district in which it is located) nor additional vehicular parking in the
neighborhood.
12. No on-site sales of inerchandise sha11 be allowed nor sha11 on-site training promotions be
permitted.
B. Permitted minor home occupations include, but are not necessarily limited to,the following:
1. Artist/artisan
2. Professional office (author, architectural, consulting, word processing, computer
programming, drafting, graphics, engineering, investment, insurance, interior design, real
estate, ministerial, contracting, secretarial)
3. Specialty bakery/catering service
4. Handicrafts
5. Individual tutoring
6. Individual musical instruction with no amplification
7. Telephone answering
8. Mail order
9. Special occasion service
10. Coin collection
11. Sales consultant (Amway, Shaklee, Avon, Mary Kay, Tupperware)
C. Permit Procedure. Application for a minor home occupation use shall be made to the Zoning
Officer on a form provided by the City of Brookings.
The application shall be evaluated using the criteria established for a minor home occupation
which shall be considered minimum conditions for approval. A site plan and/or site inspection may
also be required prior to determining conformance and issuance of the permit. Upon conformance
and the payment of any applicable fees required in chapter 30, a Zoning and Use Registration Permit
will be issued.
In cases where the Zoning Of�icer considers the application not within the scope of the minor
home occupation criteria, the application will be denied or resubmitted for a Conditional Use Permit.
All permits granted shall be subject to the requirements of Section 50.110.300.
D. Major Home Occupation. A major home occupation shall be allowed upon a premises provided
the occupation complies with the following:
1. The occupation shall be conducted entirely within the principal or accessory building
2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit for
residential purposes.
3. The occupation shall not occupy more than fifty (50) percent of the gross floor area of one
story.
4. Residents of the dwelling unit and one non-resident may be employed or participate in the
home occupation.
5. Signs shall be pernutted according to the regulations for residential signs in the sign
ordinance.
6. There shall be no exterior display, e�terior storage or other exterior indication of the home
occupation except for a sign.
7. No occupation shall require substantial internal or e�ernal alterations or involve construction
features not customary in a dwelling unit.
. �
i
8. Limited quantities of goods, products or materials associated with the home occupation shall
be permitted to be stored on the premises. Storage within a garage shall not displace parking
spaces required by this ordinance.
9. To�c, explosive, flammable, combustible, corrosive, radioactive or other restricted materials
are prohibited.
10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or
vibration detectable to the normal senses off the property and any equipment or process
which creates visible or audible interference in radio or television receivers sha11 be
prohibited.
11. Two on-premise parking spaces, in addition to those required for the dwelling unit, sha11 be
provided for the home occupation.
12. There sha11 not be conducted on the premises the business of selling stocks of inerchandise,
supplies or products provided that limited retail sales directly related to the home occupation
may be sold to clients.
13. No more than one home occupation shall be permitted within any single-family dwelling.
14. Major home occupations that attract customers, clients or other individuals to the premises
for sales or services shall not be allowed in an apaRment building.
E. Permitted major home occupations include, but are not necessarily limited to, the following:
1. Barbershop or beauty shop (single chair)
2. Tailor or seamstress
3. Electrolysis
4. Blade sharpening
5. Gunsmithing
6. Portrait studio
7. Landscape maintenance
8. Individual counseling
9. Upholstery
10. Appliance repair
11. Electronic repair
12. Woodworking
F. Permit Procedure. Application for a major home occupation use shall be made to the Zoning
Officer on a form provided by the City of Brookings.
The application shall be evaluated using the criteria established for a major home occupation
and shall be subject to the requirements of Section 50.90.000, Conditional Use Standards and
Section 50.90.100, Additional Conditional Use Regulations
G. Garage, yard and rummage sales are permitted without a permit provided they meet the
following standards:
1. Sales shall last no longer than three (3) days.
2. Sa1es shall be held no more than twice yearly.
3. Sa1es are conducted on the owner's property or one of the owner's property in case of a
multi-party sale.
! .
Il.
All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: February 13, 1996
SECOND READING: February 27, 1996
PUBLISHED: March 4, 1996
CITY OF BROOKINGS
Mayor
A ��F '�ok,ti
:� � q�'
�
MAR.9
9 1� +�
�� .»-- �--
c .so�� - -
' wW s��
Finance Officer �`