(A) Home occupations shall be categorized as either major or minor home occupations.
(1) Such businesses shall be clearly incidental and subordinate to the primary residential use of the property. The proprietor shall be a lawful resident of the property where the business is to be located.
(2) Proprietors shall be in compliance with this chapter and all current local, state and federal regulations. Failure to do so may result in revocation of the business registration permit by the Community Development Department.
(3) Any business-related activities that at any given time either create an appreciable negative sensory impact, excessive interference or vehicular traffic or a negative, detrimental or a potentially hazardous situation within the surrounding area of the business shall not be permitted.
(4) Any outdoor business-related activities other than shipping and receiving shall not be permitted. Any business-related activities or parking shall not be permitted in the public right-of-way or in the required setbacks of the property. Sufficient off-street parking shall be provided by the home business.
(5) A client may consist of one or more individuals engaging in a single business transaction of mutual interest.
(6) A self-drawn site plan must receive approval from the Community Development Department and the County Fire Marshal’s office.
(B) Minor home occupations are permitted in all residential zones and shall adhere to the following additional restrictions.
(1) Only lawful residents of the dwelling unit where the business is located may be employed or otherwise utilized in the home business.
(2) Multiple home occupations may exist within a single lot; provided that their combined operations do not exceed 500 square feet or 25% of the floor area, whichever is less. There shall be not more than one client visitation on the lot at any given time.
(3) Businesses may utilize either the primary dwelling or one accessory structure. A single home business may not utilize both structures.
(4) The following businesses shall be permitted as minor home occupations:
(a) Professional offices and services: such categorization may include accounting, appraisal, architectural, consulting, counseling, engineering, legal, real estate businesses and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes dentists, medical practitioners primarily involved with anatomical or alternative medicines and veterinarians;
(b) Service-related businesses: such categorization may include answering services, computer-related services, direct sales and mail order businesses, dress-making and tailoring and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes massage parlors, pet grooming businesses or kennels, restaurants, bakeries or tattoo parlors;
(c) Tutorial services;
(d) Small item repair businesses, such as watch, clock, jewelry and small, portable musical instruments and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes automotive-related repair and bodywork, bicycle and motorcycle repair/servicing, large musical instrument repair and large or small appliance repair;
(e) Small arts, crafts and leatherwork;
(f) Similar uses to those mentioned above, as interpreted by the Zoning Administrator, or designee, with conditions attached when necessary;
(g) Business-related outside storage shall not be permitted; and
(h) Shipments and deliveries via vehicles weighing greater than 10,000 pounds tare and having more than six wheels shall be prohibited.
(C) Major home occupations are only allowed on parcels of three-quarters acre or greater and shall adhere to the following additional restriction.
(1) The business shall employ on-site not more than two employees who do not lawfully reside at the business location.
(2) Business activities may be performed within either the primary dwelling, one accessory structure or both. Business-related operation and storage in either building shall be confined to an area not to exceed 500 square feet or 25% of the floor area, whichever is less.
(3) Not more than one major and one minor home occupation shall be permitted on a single parcel.
(4) Outside storage shall not exceed 400 square feet, shall be screened from view by an opaque fence or wall at least six feet high, shall be constructed of approved fencing materials listed in this chapter and shall not be located either in front of, or on either side of, the primary dwelling. Materials shall not be stacked higher than the fence.
(5) One on-site sign, not to exceed six square feet, shall be permitted either on the ground or attached to the building that contains the business. No part of the sign shall be over eight feet high measured from top of the sign to ground level. If ground-based, it shall maintain minimum six-foot front and side setbacks.
(6) Client visitations shall not exceed three clients on the lot at any given time.
(7) The business shall not exceed two one-ton capacity business vehicles on site.
(8) Shipments and deliveries involving commercial carriers shall be permitted under the following conditions.
(a) Carriers shall only utilize single-axle, Class VI (AAMA Standard) and smaller, straight, bobtail or stake-bed vehicles not exceeding a gross combined vehicle weight of 26,500 pounds tare or 24 feet in total length.
(b) Any combination of shipments and deliveries shall not exceed four times per calendar month. Shipping and receiving shall only be permitted between the hours of 10:00 a.m. and 2:30 p.m.
(9) The following businesses shall be permitted as major home occupations:
(a) Those businesses permitted under divisions (B)(4)(a) through (B)(4)(f) above;
(b) Catering, subject to NMED review;
(c) Child or adult care, with no overnight provisions;
(d) Computer hardware assembly and repair;
(e) Locksmith service;
(f) Light welding;
(g) Photography studio, subject to NMED review;
(h) Small appliance repair; and
(i) Similar uses to those mentioned above, as interpreted by the Zoning Administrator or designee, with conditions attached when necessary.
(Ord. 2010-018, passed - -; Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999