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HOME OCCUPATION APPLICATION PACKET BUSINESS PLAN City of (City of Morgantown)

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Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 1 of 7
304.284.7431 ♦ 304.284.7534 (f)
City of Morgantown
West Virginia
HOME OCCUPATION
APPLICATION PACKET
BUSINESS PLAN
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 2 of 7
304.284.7431 ♦ 304.284.7534 (f)
Success hinges on partnerships from the very beginning.
Recognized as one of America’s “Best Small Towns,” Morgantown’s success is due largely in part to its
ability of forging partnerships between business, civic organizations, academia, and government for the
purpose of supporting creativity, innovation, and entrepreneurism. In this spirit, the City strives to
encourage and support residents who wish to work from their homes while preserving the residential
character of our neighborhoods.
STEPS TO OBTAIN HOME-BASED BUSINESS LICENSE
Step 1 Home Occupation Approval
– Contact the Planning Department (phone 304.284.7431) for
a Home Occupation Application (also available at the City's website: www.morgantown.com).
Submit these completed forms to the Planning Department. Home Occupation classification
will be determined at this time (see “Zoning Compliance” below).
Home Occupations, Class 1 approvals may be granted administratively.
Home Occupations, Class 2 are considered “Conditional Uses” that require a separate
application and approval by the Board of Zoning Appeals.
Step 2 Business License Registration
– Once administrative or BZA approval for the Home
Occupation is granted, bring a copy of your Home Occupation Approval to the Finance
Department (phone 304.284.7408) where you will complete business license and municipal
tax registration forms.
ZONING COMPLIANCE
Home Occupation – Any business activity conducted entirely within the owner’s primary residence,
which requires a business license issued by the State of West Virginia and by the City of Morgantown;
and is clearly incidental to or secondary to the residential use of the dwelling. Home occupations are
divided into two classes, as follows:
A. Home Occupation, Class I:
Considered an accessory use, and is personal to the applicant, is not
transferable to any other person, and does not apply to any other business of the applicant. It is
also intended to allow businesses that rely solely on electronic or off-premise transactions. Types
in this category include, but are not necessarily limited to:
a. Business where all work and communication is conducted over the internet, telephone, and/or
electronic mail; and that do not engage in any on-premise customer contact.
b. Businesses where a service is provided off-premise to a client or customer, with no client or
customer visitation to the business location. In these instances, the business location is used
solely for bookkeeping and electronic or telephone communication with clients and customers.
c. Businesses where the owner produces a product at the business location and offers it for sale
over the internet or transports the products(s) to off-premise merchants, trade shows, flea
markets, and the like for sale. No products are displayed or offered for sale to customers
visiting the business location.
B. Home Occupation, Class II:
A conditional use intended to allow businesses that generate limited
quantities of customer visitation and/or merchandise deliveries. The business is personal to the
applicant, is not transferable to any other person, and does not apply to any other business of the
applicant.
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 3 of 7
304.284.7431 ♦ 304.284.7534 (f)
C. The following regulations apply to both classes of home occupations:
a. A home occupation must be compatible with residential uses, must not change the residential
character, and must not detract from the character of the neighborhood.
b. A home occupation must not produce detectable fumes, odors, dust, heat, noise, vibration,
glare, electro-magnetic field, electrical interference, or other effects outside the dwelling,
including transmittal through vertical or horizontal party walls.
c. A home occupation shall not require fixed installation of equipment or machinery that
substantially changes the residential character of the dwelling.
d. A home occupation shall be conducted entirely within the principal building. No home
occupation shall be conducted outdoors or in any accessory building or garage, except that
parking of a vehicle used in conducting the business and/or simple storage of materials or
goods used in association with the business may be permitted in such buildings.
e. Vehicles used in association with the business cannot exceed 6000lbs. gross vehicle weight.
Trailers used to transport equipment, goods, and materials used in association with the
business cannot exceed sixteen (16) feet in length, measured from the tongue to the farthest
rear extension of the trailer.
f. Except as required by State law, there shall be neither exterior indication of home occupation,
no exterior signs, nor any other on-site advertising visible from the exterior.
g. A home occupation shall be registered as a business with the City of Morgantown Finance
Office and shall pay applicable business and occupation taxes.
h. A home occupation shall not involve on-site employment of persons not residing in the dwelling,
except as otherwise provided the City of Morgantown Zoning Ordinance.
i. If the applicant is not the owner of the property at which the home occupation will be conducted,
the applicant must verify that written notice of intention to conduct the home occupation has
been given to the owner of the property.
j. No sexually oriented business, as defined by the Zoning Ordinance, may be permitted as a
home occupation.
k. Merchandise delivery and/or pick-ups to and from the premises that are associated with the
home occupation, and that utilize a commercial delivery service or the United States Postal
Service, shall not exceed two (2) per day.
D. The following regulations apply to only Home Occupations, Class 2
:
a. If any resident living within 300 feet of a Home Occupation, Class 2, believes that it is being
conducted in violation of the imposed conditions or believes that the home occupation is
distracting from the residential character of the neighborhood, the resident can submit a petition
for revocation of the conditional use permit. The Planning Director and/or the Board of Zoning
Appeals will review such petitions. Such license may be suspended or revoked on a temporary
or permanent basis or other conditions imposed on the business.
b. If the holder of a conditional use home occupation, Class 2, permit wishes to make changes in
the conduct of the business that departs from the description in the application or from any other
conditions or restrictions imposed by the Board of Zoning Appeals, the holder must obtain prior
permission of the Board of Zoning Appeals.
c. Retail sales shall not occur on the premises on a regular basis or in substantial volume, such
that customer visitation exceeds three (3) customers per day.
d. Conditional Use Home Occupation applications mush be filled out completely, or the application
will be deemed to be incomplete and shall not be considered by the Board of Zoning Appeals.
Initial to confirm that you have read
and understand these regulations:
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 4 of 7
304.284.7431 ♦ 304.284.7534 (f)
I. APPLICANT
Applicant Name:
Name of Business:
Phone:
Mobile:
Mailing
Address:
Email:
II. PROPERTY
Street Address:
Zoning:
Tax Map No:
Parcel No:
III. DESCRIPTION
1. Please answer either “YES” or “NO” to each of the following descriptions that best explains your proposed
home-based business. A “NO” response to any of these descriptions may lead to a Class 2 Home
Occupation classification.
Yes No All work and communication is conducted over the internet, telephone, and/or
electronic mail AND does not engage in any on-premise customer contact.
Yes No Services are provided off-premise to clients or customers, with no client or
customer visitation to the business location. In these instances, the business
location is used solely for bookkeeping and electronic or telephone communication
with clients and customers.
Yes No Businesses where the owner produces a product at the business location and
offers it for sale over the internet or transports the products(s) to off-premise
merchants, trade shows, flea markets, and the like for sale. No products are
displayed or offered for sale to customers visiting the business location.
2. Is the applicant the owner of the dwelling at which the home occupation will be conducted?
Yes No If not, a copy of the applicant’s written notice to the owner of the intention to
conduct the business must be attached.
HOME OCCUPATION APPLICATION
City of Morgantown
West Virginia
City
Zip
State
Street
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 5 of 7
304.284.7431 ♦ 304.284.7534 (f)
IV. NARRATIVE
Please describe, in greater detail, the nature of your proposed enterprise.
V. ATTEST
I have read and understand the zoning regulations pertaining to Home Occupations. I understand that my
signature indicates that all of the information contained on this application is true and correct, and if found
otherwise may result in the denial of this request or subsequent revocation of any and all related approvals. I
understand that approval of this home occupation is dependent upon me abiding by all the regulations found in
the City of Morgantown Zoning Ordinance. The undersigned has the power to authorize and does hereby
authorize City of Morgantown representatives on official business to enter the subject property as necessary to
process this application and enforce related approvals and conditions.
Type/Print Name of Applicant/Agent Signature of Applicant/Agent Date
OFFICE USE ONLY
Received: Complete: Class 1 Class 2 By:
Class 1 Approved Class 1 Disapproved Date:
Comments:
HOME OCCUPATION APPLICATION
City of Morgantown
West Virginia
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 6 of 7
304.284.7431 ♦ 304.284.7534 (f)
VI. SUPPLEMENTAL INFORMATION
(Class 2 Conditional Use ONLY)
The Board of Zoning Appeals may impose additional conditions or restrictions and additional off-street parking
depending on the nature of the proposed home occupancy. The following information is required to
demonstrate the scale and scope of the proposed home-based enterprise.
1. The days and hours of operation will be:
2. Will any customers, clients, students or other persons visit the dwelling on a regular basis?
Yes No If yes, state the average and maximum number of persons who will
visit per week, per day, and at any one time.
Number
p
er week: avera
g
e = maximum =
Number
p
er da
y
: avera
g
e = maximum =
Number at one time: avera
g
e = maximum =
With respect to persons visiting the dwelling, what percentage do you anticipate
will come b
y
car, as opposed to on foot or b
public transportation?
Please ex
p
lain:
4. Will any delivery trucks stop at the dwelling on a regular basis, either to deliver or pick-up materials,
supplies, finished products or other items?
Yes No If yes, please state the average and maximum number of stops by
delivery trucks per week and per day.
Number
p
er week: avera
g
e = maximum =
Number
p
er da
y
: avera
g
e = maximum =
5. Describe the availability of on-street, off-street, and public parking at the site and in the vicinity.
HOME OCCUPATION APPLICATION
City of Morgantown
West Virginia
Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 7 of 7
304.284.7431 ♦ 304.284.7534 (f)
VII. FINDINGS OF FACT
(Class 2 Conditional Use ONLY)
The Board of Zoning Appeals may grant the request only if each of the Conditional Use Findings of Fact Criteria
is determined to be in the positive. Applicants must give their own responses to the criteria statements provided
below.
This Conditional Use is within the fitting character of the surrounding area and is consistent with the
spirit, purpose, and intent of the Zoning Ordinance, because,
1. The home occupation will be compatible with residential uses of the dwelling, in that:
2. The home occupation will not change the residential character of the dwelling, in that:
3. The home occupation will not detract from the residential character of the neighborhood, in that:
4. Congestion in the streets will not be increased, in that:
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HOME OCCUPATION APPLICATION PACKET BUSINESS PLAN City of (City of Morgantown)

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Completed 14 July 2020

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