12-489: HOME OCCUPATIONS I, II, AND III:
   A.   Intent: To provide performance standards for home occupations.
   B.   Home Occupation I: Permitted by right in applicable zoning districts and subject to all of the following performance standards:
      1.   No person other than those residing on the premises shall be engaged in such occupation.
      2.   Use is clearly incidental and secondary to the use of the property for dwelling purposes.
      3.   There shall be no alteration, structural or otherwise, in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four (4) square feet in area, nonilluminated and meeting applicable setback requirements.
      4.   There shall be no commercial on premises sales in connection with such home occupation, nor shall there be any commercial or manufacturing uses specifically provided for in other parts of this title.
      5.   Vehicular traffic generated by such home occupation shall not significantly exceed the traffic attributable to a normal dwelling unit (no more than 10 vehicle trips per day on average), and any need for parking generated by the conduct of such occupation shall be met off the street and other than in a required front or side yard.
      6.   No equipment or process shall be used in such home occupation which creates objectionable noise, vibration, glare, fumes, odors or electrical interference.
   C.   Home Occupation II: Subject to a home occupation II permit approved by the planning director per the procedures set forth in subsection C1 of this section and per the standards set forth in subsection C2 of this section.
      1.   Home Occupation II Permit Procedures: No home occupation II, home based business shall be conducted until an application for a home occupation II permit has been reviewed and approved by the planning director or designee. The application shall include the following:
         a.   The name of the landowner/applicant.
         b.   The address of the property.
         c.   The type of business and business activities.
         d.   The number of employees.
         e.   The location and area of the home based business (site plan).
         f.   The vehicles used in the home based business.
         g.   The number of expected customer visits per day and at any one time.
         h.   Narrative statement describing use and associated impacts to area.
The planning director shall issue the home occupation II permit based on conformance with the above standards. The applicant may appeal the planning director decision to deny a home occupation II permit to the board of county commissioners, pursuant to the provisions of section 12-261 of this title.
      2.   Home Occupation II Standards:
         a.   Is carried out by those residing in the dwelling and up to two (2) additional employees.
         b.   Use is clearly incidental and secondary to the use of the property for dwelling purposes.
         c.   Whereas the business activity may be conducted in other than the dwelling, there shall be no visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, nonilluminated and meeting applicable setback requirements.
         d.   Customers/clients may come to the site, provided the following criteria are met:
            (1)   Where access to the site is by road, the road shall meet minimum private road standards set forth in appendix A of this title.
            (2)   Sales in connection with the activity are limited to merchandise handcrafted on site or items accessory to a service (i.e., hair care products for beauty salon).
            (3)   Customers/clients are prohibited on the premises prior to six o'clock (6:00) A.M. and after eight o'clock (8:00) P.M.
         e.   Vehicular traffic generated by such home occupation shall not exceed fourteen (14) vehicle trips per day on average. Any need for parking generated by the conduct of such occupation shall be met off the street and other than in a required front or side yard.
         f.   Certain activities are prohibited:
            (1)   Automobile, truck and heavy equipment repair;
            (2)   Auto body work or painting;
            (3)   Parking and storage of heavy equipment;
            (4)   Stables, kennels, animal husbandry or farming activities, except as provided in this title;
            (5)   Any activities involving more than five (5) customer or business visits per day; and
            (6)   Any use of a nature that is similar to those listed in this section or which creates impacts on the surrounding neighborhood similar to those created by the uses listed in this section.
         g.   Additional parking requirements:
            (1)   One for a nonresident (if applicable).
            (2)   One for patrons if services are rendered on site.
         h.   No equipment or process shall be used in such home occupation which creates objectionable noise, vibration, glare, fumes, odors or electrical interference.
         i.   Manufacturing shall be limited to the small scale assembly of already manufactured parts, but does not preclude production of small, individually handcrafted items, furniture or other wood items as long as the activity meets the other standards of this chapter.
   D.   Home Occupation III: Subject to a conditional use permit and the same performance standards as home occupation II, with the following exceptions and/or additions:
      1.   Is carried out by those residing in the dwelling and up to four (4) additional employees.
      2.   Limited activities and outside storage of materials and/or equipment are permitted, provided the site is sufficiently screened from the street and surrounding properties, as determined by the Zoning Commission.
      3.   Vehicular traffic generated by such home occupation shall not exceed eighteen (18) vehicle trips per day on average.
      4.   Automobile, truck, heavy equipment and small engine repair may be considered as a tier III home occupation, and are subject to the following minimum standards:
         a.   Outdoor activity associated with the repair business shall be limited to a maximum of two percent (2%) of the total site acreage or to a specified area established by the Zoning Commission or hearing examiner. Landscaping and screening to provide buffering for outdoor storage of equipment or materials shall be provided in accord with section 12-465, table 4-5 of this chapter.
         b.   An accessory structure for the repair business not to exceed one thousand five hundred (1,500) square feet may be permitted.
         c.   No more than three (3) vehicles associated with the repair business which are being repaired or awaiting repairs shall be stored on the site at any given time.
         d.   The business shall comply with all building, fire and environmental code regulations established by local, state or federal jurisdictions.
         e.   The business owner shall provide an annual written report to the planning department confirming continued compliance with these standards and any other conditions of permit approval. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)