Any property owner or resident operating a business from a dwelling in the residential district shall be required to apply for a home based business permit. If the business does not meet the criteria for a home based business permit, then the property owner or resident shall apply for a special use permit for a restricted home based business. No business or occupation defined as industrial by the state of Idaho or requiring an industrial application or permit from any government entity shall be permitted.
A. Home Based Business Criteria: A home based business permit shall be required in order to operate business activity within the residential district. The number of home based businesses within a dwelling is not limited, but the total combined effect of the home based businesses which are permitted on one property shall not exceed the performance standards and criteria in this section. A home based business permit shall meet all of the following:
1. Home based businesses shall be incidental and subordinate to the principal use of the dwelling for residential purposes and shall not detract from the residential character of the premises or neighborhood;
2. The area within the dwelling that is associated with the home based business shall not exceed twenty five percent (25%) of the structure or shall not exceed one thousand (1,000) square feet, whichever is less. The home based business shall not be allowed in any structure other than the dwelling;
3. No retail sales are allowed where customer vehicular traffic is generated;
4. Home based businesses shall not generate more than one commercial truck delivery per day. Load limits shall apply to truck deliveries on city streets. Deliveries shall be restricted to the business hours between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., Monday through Saturday;
5. Home based businesses shall only be operated by family members actually occupying the dwelling as their principal residence;
6. No additions to the dwelling for the specific purpose of operating a home based business shall be allowed;
7. Any machinery, mechanical devices, or equipment employed in the operation of a home based business shall not generate noise, vibration, radiation, odor, glare, smoke, steam, or other condition not typically associated with the use of the dwelling for residential purposes;
8. The outdoor storage of goods and/or materials associated with the home based business is prohibited;
9. There shall be no parking permitted on yards. There shall be no on street parking associated with the business. There shall be no pick up and drop off of children or pets that are associated with the home based business;
10. No signs are allowed;
11. Evidence of compliance with Panhandle health district critical materials regulations shall be required if such materials are present. Nondomestic wastewater is prohibited.
12. Yard, garage, and estate sales shall not exceed four (4) sales per calendar year, or a combined total of twelve (12) days per year. More than four (4) sales per calendar year, or more than a combined total of twelve (12) days per calendar year, shall require a special use permit. (Ord. 180, 12-1-2005)