A. General: A home occupation is a use that is considered accessory to a dwelling unit. One or more persons, all but one of who shall reside within the dwelling unit, may conduct a home occupation. The use shall be clearly incidental and secondary to the use of the dwelling for residence purposes and shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. When a use is a home occupation, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions set forth in this title and to all other permits and business licenses and shall obtain a zoning permit before establishing such home occupation.
B. Purpose Of Provisions: It is the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstance, would not be aware of its existence. The standards for home occupations included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly secondary or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as a home occupation.
C. Necessary Conditions: Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed:
1. One Full Time Employee: No more than one full time employee may be employed in the residence other than resident and domestic help;
2. Percent Of Use: No more than thirty percent (30%) of the gross area of all structures shall be used for such purpose;
3. Limited Alterations: No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure;
4. Outside Storage: There shall be no outside storage of any kind related to the home occupation;
5. Traffic And Parking: The use may increase vehicular traffic flow and parking by no more than two (2) additional vehicles at a time and no commercial trucks larger than a three-fourth (3/4) ton pickup shall be parked overnight;
6. Performance Standards: No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances.
D. Complaints: Complaints by abutting residents living within the zoning jurisdiction may be cause for termination of the home occupation. However, should such complaint be filed, the operator is entitled to an appeal to the town commission for a hearing. The town commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home occupation. (Ord. 131, 3-14-2002)