§ 152.062 HOME OCCUPATIONS.
   (A)   Home occupations shall be approved by the Zoning Administrator, who may issue an approval upon receipt of a letter from the applicant stating his or her intent to comply with the requirements of this section and the specific measures by which compliance will be maintained.
   (B)   A home occupation shall be conducted only within the premises of a single-family detached dwelling unit. Home occupations are not permitted within two family, or multiple-family dwellings.
   (C)   There shall be no outdoor, on-site storage of materials, equipment, or accessory items and/or display of materials, goods or supplies used in the conduct of the home occupation. The on-site storage of commercial vehicles used incidentally for or used in the home occupation business shall not be permitted.
   (D)   Only members of the immediate family who reside on the premises shall be employed in any part of the operation of the home occupation.
   (E)   Home occupations are permitted only in the principal structure or building. All activities related to the home occupation shall be carried on entirely within the dwelling unit. In no case shall more than 25% or 480 square feet, whichever is smaller, of the gross floor area of the principal building be utilized for a home occupation.
   (F)   A home occupation shall not generate a traffic burden through excessive traffic or create an adverse effect for the general area in which it is located. The following factors shall be considered by the Zoning Administrator to determine whether the traffic effects on a neighborhood may be excessive:
      (1)   Whether the subject parcel is located at the entrance or the interior of a subdivision where increased traffic volumes may be otherwise anticipated.
      (2)   Whether the nature of the proposed home occupation requires scheduled appointments or whether traffic volumes may be higher at certain times of the day.
      (3)   Whether traffic volumes may vary on a seasonal basis.
      (4)   Whether the home occupation could be conducted in such a manner as to reduce traffic generated in the area.
   (G)   Any parking for vehicles associated with the home occupation shall be provided off the street, including the street right-of-way.
   (H)   No retail or other sales of merchandise or products shall be conducted upon the premises except for incidental products directly related to and necessary for the home occupation.
   (I)   The establishment of a home occupation shall not necessitate exterior modification to any building on the property, except as may be required by the Zoning Administrator to comply with adopted Building Codes and requirements.
   (J)   The applicant shall certify that the home occupation will not be detectable to the normal senses off the lot or produce fumes, odors, dust, vibration, noise, smoke, electrical interference, fire hazard
or other conditions which might pose a nuisance to adjacent properties. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
   (K)   The Zoning Administrator may identify allowable hours of operation to avoid possible disquieting effects from the home occupation to adjacent properties.
   (L)   Signs shall be as allowed as permitted in §§ 152.265 through 152.270, but in no case shall a sign exceed two square feet in area. The permitted sign shall be non-illuminated and mounted flat against the wall of the dwelling.
   (M)   Medical marihuana primary caregiver. A primary caregiver, subject to the restrictions set forth in the definitions and requirements of the Michigan Medical Marihuana Act and the general rules of the Michigan Department of Public Health and this chapter may furnish and provide the services of a registered primary caregiver as a home occupation, subject to the following restrictions:
      (1)   The existing home occupation regulations of divisions (B) through (J) of this section shall be applicable to the medical marihuana primary caregiver.
      (2)   A registered primary caregiver's marihuana growing operations shall be limited to the number of plants allowed by the Michigan Medical Marihuana Act.
      (3)   No signs or advertisements of any kind shall be permitted on the exterior of the property or structure utilized as a registered primary caregiver home occupation.
      (4)   A registered primary caregiver functioning as a home occupation from a dwelling shall not be located within a radius of 1,000 feet from any school, including child day care facilities, church or drug rehabilitation facility.
      (5)   A registered primary caregiver functioning as a medical marihuana home occupation shall be the only person engaged in the conduct of that activity at that address.
      (6)   The use of a dwelling as a home occupation under this section shall be limited to one registered primary caregiver providing usable marihuana to not more than five qualifying patients; provided, however, that transfers of medical marihuana from the registered primary caregiver to his or her qualifying patient shall be accomplished only by the delivery of medical marihuana by the primary caregiver at the home of the qualifying patient.
      (7)   Marihuana growing facilities, which are part of a registered primary caregiver home occupation shall not generate light which is visible from the public right-of-way and shall be subject to public safety inspections such as mechanical, electrical and fire prevention inspections.
      (8)   All medical marihuana shall be contained within the dwelling within a secure, enclosed, locked facility, accessible only by the registered primary caregiver or registered qualifying patient as required by the Michigan Medical Marihuana Act and as approved by, and subject to inspection by the Building Official.
      (9)   Confidentiality. Supporting information submitted by a primary caregiver, regarding a registered qualifying patient including information regarding the patient's physician, is confidential.
[Amended 3-14-2011]