§ 156.138  HOME OCCUPATION STANDARDS (HO).
   (A)   HO-01 Home Occupation #1: the intent of the Home Occupation #1 provisions are to allow minimal business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district’s character or function as a residential area or neighborhood. To regulate reasonable business practices and residential character, the following development standards apply.
      (1)   The home occupation must not involve retail sales or manufacturing operations.
      (2)   The home occupation must not involve the employment of any person other than those residing at the location of the home occupation.
      (3)   At least one members residing on the premises must be the primary operator of the company.
      (4)   The equipment used for the business must be limited to computers, fax machines, telephones, copy machines and other small business office equipment.
      (5)   There must not be any interior or exterior storage or display of products, equipment or materials used in connection with the home occupation.
      (6)   No more than 10% of the total floor area of the primary structure shall be used for the home occupation.
      (7)   There shall not be any interior or exterior, structural or aesthetic alterations to the dwelling unit to accommodate for the home occupation.
      (8)   There shall not be any room additions or other structural/aesthetic alterations that change
the residential character of the dwelling unit.
      (9)   There shall not be an additional entrances to the dwelling unit for the purpose of conducting business or to accommodate the business.
      (10)   No use of accessory structure, including attached/detached garages, shall be allowed.
      (11)   No traffic generation due to the business will be permitted.
      (12)   No signage for the business shall be allowed on or off the property.
      (13)   No business practice, function, equipment or process shall create electrical interference, odors, noise, vibration, light, smoke, fumes or any thing offensive.
      (14)   No home occupation that demands increasing or enhancing the size, capacity or flow of the water, gas, septic, sewer or electrical system beyond what is standard for a residence will be allowed.
      (15)   No additional parking may be added to the lot(s) the residence is located to accommodate for the home occupation.
      (16)   Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS and other express couriers is not permitted.
      (17)   The permitted uses in for Home Occupation #1 shall be limited to small offices or operations which have no clients, associates or persons visiting, shopping, meeting or otherwise doing
business at the home location.
      (18)   Home occupation uses that meet the above described standards are deemed permitted until the Town Council, Commission or BZA rule the use to be a nuisance, or until all adjacent neighbors petition to the Commission that the use is a nuisance.
   (B)   HO-02 Home Occupation #2: the intent of the Home Occupation #2 provisions are to allow reasonable business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district’s character or function as a residential area or neighborhood. To regulate reasonable business practices and residential character, the following development standards apply.
      (1)   The home occupation must not involve retail sales or manufacturing operations.
      (2)   The home occupation must not involve the employment of any more than one person who is not related and does not reside at the location of the home occupation.
      (3)   At least one member residing on the premises must be the primary operator of the business and be that person(s) primary work.
      (4)   There shall not be any use of mechanical equipment, other than what is usual for purely domestic or hobby purposes.
      (5)   There must not be any exterior storage or display of equipment or materials used in connection with the home occupation.
      (6)   No more than 25% of the total floor area of any level of the primary structure shall be used for the home occupation.
      (7)   There shall not be any exterior structural or aesthetic alterations to the dwelling unit to accommodate for the home occupation.
      (8)   There shall not be any room additions or other structural/aesthetic alterations that change the residential character of the dwelling unit.
      (9)   There shall not be an additional entrances to the dwelling unit for the purpose of conducting business or to accommodate the business.
      (10)   Business practice in all accessory structure is not permitted.
      (11)   Minimal traffic generation due to the business will be permitted.
      (12)   A small sign not exceeding two square feet will be allowed on the primary structure. No off-site signs or signs in the yard of the property shall be permitted.
      (13)   No business practice, function, equipment or process shall create electrical interference, odors, noise, vibration, light, smoke, fumes or any thing offensive beyond the property line for the dwelling unit.
      (14)   No home occupation that demands increasing or enhancing the size, capacity or flow of the water, gas, septic, sewer or electrical system beyond what is standard for a residence will be allowed.
      (15)   No additional parking may be added to the lot(s) the residence is located to accommodate for the home occupation.
      (16)   Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS and other express couriers is not permitted.
      (17)   The permitted uses in for Home Occupation #2 shall be limited to domestic crafts, professional service, catalog businesses and internet businesses, including, but not limited to:
         (a)   Dressmaking;
         (b)   Sewing;
         (c)   Weaving;
         (d)   Tailoring;
         (e)   Ironing;
         (f)   Washing;
         (g)   Computer/internet based sales;
         (h)   Catalog order business;
         (i)   Furniture repair;
         (j)   Hair grooming - one chair;
         (k)   Home office for a lawyer, doctor, architect, engineer, accountant or planner;
         (l)   Home office for a real estate, insurance, notary public or manufacturer’s agent;
         (m)   Office for clergy;
         (n)   Art studio, writing studio, music studio, photography studio;
         (o)   Teaching art, writing or music for one student at one time; and
         (p)   Baking.
      (18)   The following types of business shall not be permitted as a Home Occupation #2:
         (a)   Medical clinics of any kind;
         (b)   Retail dress shops;
         (c)   Funeral homes;
         (d)   Tourist homes;
         (e)   Animal hospitals;
         (f)   Kennels;
         (g)   Trailer rentals;
         (h)   Automobile, motor vehicles, equipment repair of any kind;
         (i)   Painting of automobiles, motor vehicles or equipment of any kind;
         (j)   Photo developing;
         (k)   Television, radio or other electronics repair;
         (l)   Tooling, welding or machining of any kind;
         (m)   Retail or manufacturing of any kind;
         (n)   Tool or equipment rental of any kind;
         (o)   Restaurant or similar establishment;
         (p)   Salvage operations of any kind;
         (q)   Freight or trucking operations of any kind;
         (r)   Contractors business; and
         (s)   Landscaping/lawn care business.
      (19)   Permitted uses are deemed so until the Town Council, Commission or BZA rule the use to be a nuisance, or until all adjacent neighbors petition to the Town that the use is a nuisance.
      (20)   Uses not specifically mentioned will be interpreted by the Zoning Administrator or BZA as to whether the use is permitted or not.
(Ord. 2002-05, passed 12-30-2002, § 7.19)