Chapter 5.25
HOME OCCUPATIONS
Sections:
5.25.030 Home occupation permit required.
5.25.050 Procedure for issuance of permits.
5.25.010 Short title.
This chapter shall be known and may be cited as the “General Home Occupation Ordinance of the Town of Wilkeson.”
A. “Home occupation” means any use customarily conducted within a family dwelling or private garage and carried on by the inhabitants thereof for private profit or benefit, either directly or indirectly, anywhere within the Town. [Ord. 300 § 1, 1985].
5.25.020 Scope.
This chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions or other laws or ordinances of the Town. [Ord. 300 § 2, 1985].
5.25.030 Home occupation permit required.
No person shall engage in any home occupation within the Town for private profit or benefit without having first obtained from the Town Clerk/Treasurer a valid permit. This shall be in addition to any other licenses or permits required by any other section of the Town Municipal or County and State Codes.
A. Garage, Patio and Yard Sales. Any person operating a garage sale for more than three (3) days in any one (1) month shall be required to obtain a home occupation permit. A garage sale is defined as the sale of used merchandise not in the normal course of business.
B. Joint License. A person engaged in two (2) or more home occupations at the same location shall not be required to obtain separate permits, but, when eligible, shall be issued one (1) permit which shall specify on its face all such occupations. [Amended during 2014 codification; Ord. 300 § 3, 1985].
5.25.040 Town Permit Officer.
The Town Clerk/Treasurer shall collect all permit fees and shall issue permits in the name of the Town to all persons qualified under the provisions of this chapter. In addition, the Town Clerk/Treasurer shall:
A. Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers.
B. Obtain Endorsement. Submit all applications, in a proper case, to the Town Council for their endorsement thereon as to compliance by the applicant with all Town regulations which they have the duty of enforcing.
C. Give Notice. Notify any applicant of the acceptance or rejection of his/her application, in writing, and deliver them to the applicant. [Amended during 2014 codification; Ord. 300 § 4, 1985].
5.25.050 Procedure for issuance of permits.
A. Formal Application. Every person required to procure a permit under the provisions of this chapter shall submit an application to the Town Clerk/Treasurer upon a form provided by the said officer. The applicant shall be required to provide all information requested on the form. Failure to do so shall be grounds for refusing the issue of a permit.
B. The application for a permit shall be accompanied by the full amount of the fee chargeable for such permit.
C. The Town Clerk/Treasurer shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of a permit nor shall it entitle or authorize the applicant to open or maintain any home occupation contrary to the provisions of this chapter or the Town, County, or State Code.
D. A duplicate permit shall be issued by the Town Clerk/Treasurer to replace any permit previously issued, which has been lost or destroyed, upon filing an affidavit attesting to such fact and paying to the Town Clerk/Treasurer the fee as set forth by resolution.
E. The Town Clerk/Treasurer shall, upon disapproval of any application submitted under the provisions of this chapter, refund all fees paid in advance, provided the applicant is not otherwise indebted to the Town.
F. When the issuance of a permit is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the home occupation for which the permit was refused, unless a permit be issued to him/her pursuant to a judgment ordering the same. [Amended during 2014 codification; Ord. 2004.18 § 1, 2004; Ord. 300 § 5, 1985].
5.25.060 Business license.
A business license is required as provided for in Chapter 5.05 WMC, Business Licenses. [Ord. 300 § 6, 1985].