8-5-3-54: HOME OCCUPATION:
   A.   Standards For All Home Occupations:
      1.   The home occupation shall not cause the property to differ from its rural or residential character in appearance, or in the emission of noise, dust, fumes, odors, vibrations, or electrical interference.
      2.   No more than twenty five percent (25%) or one thousand feet (1,000') (whichever is less) of the total floor area of the principal permitted dwelling shall be devoted to the home occupation or for storing goods or vehicles associated with the home occupation. Total floor area shall include both habitable and noninhabitable space.
      3.   The structure in which the home occupation is located must have a valid building permit and/or zoning approval. The home occupation and associated storage shall not occupy any space required for off street parking for the principal permitted dwelling.
      4.   No outdoor storage or outdoor loading shall be allowed, except that one work trailer, work vehicle or commercial vehicle may park on the property.
      5.   No home occupation shall discharge any hazardous material into any sewer, drainageway or the ground.
      6.   The following occupations are prohibited as home occupations: service, repair or painting of any vehicle; commercial kennel; adult entertainment; commercial composting; sale, repackaging or use of hazardous materials; or use not consistent with the applicable base district purpose statement.
      7.   Contractor's yard or shop is not a home occupation. Contractor's yard or shop is regulated by specific use standards in this chapter.
      8.   Daycare is not a home occupation. Daycare is regulated by specific use standards found in this chapter.
      9.   One home sign is allowed, and shall comply with chapter 4, article I of this title. Off premises or off site signage must be separately approved in accordance with chapter 4, article I of this title.
      10.   No processing of soil or rock shall be allowed.
      11.   Storage or use of hazardous materials, odor causing materials, or other materials that may cause a nuisance or health or safety problems is prohibited.
      12.   For the duration of an approved zoning certificate or accessory use permit, the home occupation shall be subject to zoning inspection upon advanced notice and request by the Ada County development services department. If a permit holder refuses to allow inspection of the premises by the department, the approved zoning certificate or accessory use permit may be revoked.
      13.   Home occupations shall comply with all applicable state and federal regulations.
      14.   In addition to the requirements set forth on the applicable application forms of the department, home occupation applications shall include the following:
         a.   A site plan drawn to scale, depicting the total square footage and location of all existing and proposed structures located within the property boundaries of the subject property.
         b.   A graphical depiction, such as a floor plan, showing the separation of home occupation space from residential and/or accessory use space.
         c.   A detailed letter indicating:
            (1)   The square footage of the proposed area of the home occupation;
            (2)   The number of employees who do not live on site;
            (3)   If retail sales are planned;
            (4)   The hours and days of operation;
            (5)   If group instruction is planned, the number of students at any one time;
            (6)   The number of off street parking spaces;
            (7)   The number of commercial vehicles;
            (8)   The frequency of pick ups, deliveries and visits by patrons; and
            (9)   Any other information relative to the description of the proposed home occupation.
   B.   Standards For Small Home Occupations:
      1.   A zoning certificate is required. The resident owner of the home occupation shall continuously comply with the restrictions in this section and the specific use standards found in this chapter.
      2.   A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
      3.   The home occupation shall be conducted solely by the residents of the principal permitted dwelling. No employees are allowed.
      4.   No client, customer, and/or student visits shall be allowed.
      5.   The property shall have no more vehicle trips per day than average for a residence.
      6.   The home occupation shall not receive more than two (2) pick ups or deliveries per day.
   C.   Standards For Large Home Occupations:
      1.   Administrative approval is required. The owner of the home occupation shall continuously comply with the restrictions in this section and the specific use standards found in this chapter.
      2.   A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
      3.   The home occupation shall be conducted by the inhabitants of the principal permitted dwelling, and no more than one nonresident employee shall be permitted to work on site.
      4.   All visits by the nonresident employee, clients and customers, and deliveries, shall occur between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and between the hours of ten o'clock (10:00) A.M. and six o'clock (26:00) P.M. on Saturday and Sunday.
      5.   Group instruction shall be limited to no more than five (5) students at one time with a maximum of two (2) classes per day.
      6.   The use of an outdoor swimming pool for swimming instruction shall be provided with a barrier which meets the requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
      7.   One paved, off street parking space shall be provided for the nonresident employee, plus up to three (3) parking spaces for clients, if applicable, and shall be improved as per section 8-4G-6 of this title, in addition to the required off street parking for the dwelling. No overnight parking of client or employee vehicles shall be allowed on site. On site parking may be reduced by the number of off street parking spaces in the driveway and by on street parallel parking spaces in front of the single-family detached dwelling, if applicable.
      8.   The property shall have no more than twenty (20) additional vehicular trips per day of home occupation traffic.
      9.   Large home occupations, involving on site visits by clients, customers, and/or students shall not be allowed on private roads unless one of the following can be demonstrated:
         a.   The private road does not provide access or frontage to any other property; or
         b.   An existing or updated recorded maintenance/easement agreement addresses and permits nonresidential use of the private road. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 692, 4-23-2008; amd. Ord. 731, 7-29-2009; amd. Ord. 902, 10-2-2019)