(A) Intent. It is the intent of this chapter to recognize and permit home occupations as limited non- residential business activities in the R-1, R-1-U, R-2 and M-U Zoning Districts and to regulate such activities. In this regard, home occupations shall be regulated in order to ensure compatibility with other uses permitted in residential zoning districts and to protect residential neighborhoods from potential adverse (e.g., excessive noise, traffic, nuisances, smoke, odors and the like) associated with home occupations.
(B) Permitted uses. Examples of permitted home occupations, but are not necessarily limited to, the following: accountant; appraisers; architect; artist; attorney; beauty salon (limited to one chair); barber shop (limited to one chair); bookkeeping; clock/watch repair; computer repair; consultant; seamstress; engineer; gun repair; music instruction and tutoring of voice or instrument; mailings; photography; piano teacher; professional planner; repair services; tax preparation; telephone answering service; and internet-related occupations. Uses specifically prohibited include, but are not limited to: auto and truck repair; auto sales; vehicle painting; storage of construction materials or equipment; retail or wholesale sales; eating or drinking establishments.
(C) Standards. Home occupations shall be permitted as an accessory use to a residential use in any R-1, R-2 Zoning Districts and conditional in the R-1-U and M-U Zoning Districts subject to the following requirements.
(1) A home occupation permit is required by the town. The applicant(s) shall complete and submit an application, as provided by the town, for a home occupation permit with the Zoning Administrator.
(2) Home occupation permit shall be issued only to the individual occupying the dwelling as his or her residence and conducted only by persons residing within the residence. Home occupation permits shall not be transferrable and shall terminate upon the sale of transfer of the property to a new owner.
(3) A home occupation shall be conducted wither within a dwelling (residence) and/or in the garage associated with the dwelling and shall be clearly incidental and subordinate to the principal use as a residential dwelling.
(4) Home occupations shall not occupy more than 20% of the total floor area of the dwelling and/or garage used for the home occupation.
(5) Home occupations shall comply with all local, county, state or federal regulations pertaining to the activity pursued.
(6) No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.
(7) There shall be no visible evidence of the home occupation except for the provision of one home occupation sign as set forth herein. No other advertising or business signs are permitted in conjunction with the home occupation.
(8) No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home occupation shall be permitted.
(9) No wholesale sales of items are allowed on the premises. Retail sales are only permitted as “peer to peer” sales, such as Mary Kay, Avon, Tupperware and similar home occupations.
(10) No equipment or process shall be used in a home occupation which creates excessive noise, odor, smoke, vibration or glare or electrical disturbances detrimental to the health, safety, peace, comfort and welfare of the persons residing in the neighborhood.
(11) The home occupation shall not result in any on-street parking or trespass upon neighboring properties by clients or customers.
(12) Traffic generation associated with home occupations shall not exceed that normally generated by a residential dwelling without a home occupation.
(13) (a) No sign, other than a nameplate not more than one square foot in area, or other display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling and which does not alter the exterior of the property or affect the residential character of the neighborhood.
(b) Said sign shall be located next to the front entrance of the building and placed on the building.
(14) No person may be employed in the home occupation other than a member of the immediate family residing on the premises.
(15) No mechanical equipment may be used which causes a nuisance or safety hazard.
(16) No use requiring a special land use permit in any district may be utilized as a home occupation. Group homes operated on a for-profit basis and the provision for placement and care of four or fewer children who are not related within the third degree by blood, marriage or adoption to the person providing such care in a home are not considered to be home occupations.
(17) Hours of operation for the receiving of customers shall be limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday.
(18) The Zoning Administrator shall have the authority to allow a customary home occupation that is not listed above; provided, the Administrator determines that the proposed use will be in harmony with all existing and potential nearby residential uses and meets all criteria associated with the customary home occupation listed herein.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 809)