(A) Permit. Application for a home occupation permit is made to the Administrator, with payment of a fee established by the Town Council. The requirement for a permit is waived if all these conditions apply to the home occupation:
(1) The proposed home occupation will not employ any persons other than residents of the dwelling;
(2) The home occupation will not generate customers, clients, or visitors to the home; and
(3) All other provisions of this section shall be met.
(B) Standards. The following standards must be met for all home occupations:
(1) The use must be conducted entirely within the dwelling; a garage or accessory building may be used for a limited amount of storage of items associated with the home occupation, such as product samples for a salesperson.
(2) The use must be carried on only by the residents of the dwelling and no more than one other person.
(3) The use of the dwelling for a home occupation must be clearly accessory, incidental, and subordinate to the permitted principal residential use, and must not occupy more than 20% of the livable floor area of the principal dwelling, and not more than 50% any one floor.
(4) The appearance of the dwelling must not be altered. The occupation within the dwelling must be conducted so that the premises retains its residential character in use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
(5) No outdoor storage, activities, or displays are permitted, except a wall sign, not exceeding one square foot and not illuminated, may be mounted on the front of the principal dwelling.
(6) No combustible, toxic, or hazardous materials may be used or stored on the premises relating to the home occupation.
(7) There must be no activity to interfere with radio or television transmission in the area, nor any offensive noise, vibrations, smoke, dust, odors, heat, or glare noticeable at or beyond the property line. The use must not create a nuisance for the public and any surrounding property.
(8) Traffic generated by the combined home and home occupation must be compatible with traffic normally expected in a residential district. Vehicles used in the home occupation or making deliveries must be no larger than utility vehicles commonly used for noncommercial purposes, i.e., pick-up trucks, vans, panel trucks, and parcel package delivery trucks.
(9) Retail sales are not permitted, except mail order or internet sales where the product sold is shipped directly to the buyer and no customers visit the home.
(10) The home occupation must only be open for customers or clients to visit the home on weekdays within the hours of 8:00 a.m. to 5:00 p.m., excluding holidays recognized by the Town of Bargersville.
(C) Other provisions.
(1) The Administrator may impose reasonable conditions to ensure compliance with the standards of this division and protect surrounding properties from potential nuisance effects associated with the home occupation.
(2) A permit for a home occupation is not transferrable to another location or any person other than the original applicant.
(3) The home occupation is subject to periodic inspection following reasonable notice to the permittee.
(4) Noncompliance. In the event any conditions of this division are not met, the Administrator will provide written notice of noncompliance and set a time limit for compliance or correction. If corrective action is not taken within the specified period, the home occupation permit will be revoked and the occupation ceases (see § 154.183).
(Ord. 2022-17, passed 7-19-2022)