(A) Purpose and location. A home occupation is an accessory use which is incidental to the use of the dwelling for residential purposes. Regulations governing home occupations are intended to protect residential districts from commercial encroachment, maintain the character of the neighborhood, prevent an undue increase in traffic or parking problems on local streets, but at the same time provide a means for individuals to operate businesses customarily conducted from private homes. Such permits may be granted in any zoning district where residences are permitted.
(B) Classification. Home occupations will be categorized into two different types: minor home occupations and major home occupations. Minor home occupations may be administratively approved; provided that, the applicant meets all criteria set forth in this section. Major home occupations shall require a conditional use permit by the Board of Zoning Adjustments prior to the issuance of a business license.
(1) (a) Minor home occupations may be administratively approved when the following conditions are met.
1. No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation.
2. There shall be no visible exterior evidence of the conduct of the occupation.
3. No advertisement shall be placed in any media (newspaper, magazine, telephone directory, radio television) containing the address to the property.
4. No customers/students/clients will be allowed on site.
5. The home occupation shall not create the need for off-street parking beyond normal dwelling needs and will not generate additional traffic.
(b) No business license shall be issued for the conduct of a minor home occupation until the applicant has shown that all criteria and conditions of this section have been met.
(2) Major home occupations shall require approval of a conditional use permit from the Board of Zoning Adjustments. In order for the Board of Zoning Adjustments to approve a major home occupation, the following conditions must be met.
(a) Employees working or meeting at the home occupation site shall be limited to persons who reside in the dwelling unit; except that, one non-resident employee shall be permitted to be at the site at any one time.
(b) No more than two customers, clients or pupils shall be permitted on the site at any one time; except that, an occupant of a single-family dwelling may provide group or professional therapy for no more than four individuals at one time.
(c) Any major home occupation that accommodates customers, clients or pupils on the site shall not be permitted to operate between the hours of 9:00 p.m. and 7:00 a.m.
(d) No non-resident employee may work at a home occupation between the hours of 9:00 p.m. and 7:00 a.m.
(e) The home occupation shall not have more than one non-illuminated sign not exceeding two square feet in area, and this sign shall not be free-standing.
(f) Deliveries associated with the home occupation shall not be made using tractor-trailers. No more than two commercial deliveries (e.g., UPS, Federal Express and U.S. Postal Service Express Mail) shall be made in any 24-hour period.
(C) Permit. No business license for a major home occupation shall be issued unless either a conditional use permit has been issued by the Board of Zoning Adjustments for major home occupation or, in the case of minor home occupations, the applicant has shown that all conditions listed under this section have been met.
(D) Permit, not transferable. A special permit for a home occupation is not transferable. A new permit must be applied for whenever there is a change in the occupations, occupant or address.
(E) Retail activities. Generally, only handmade items, crafts made in the home and sale items in conjunction with the services may be offered for sale on the premises. No other goods, products or commodities bought for the express purpose of resale shall be sold at retail or wholesale on the premises, nor shall such goods or products be stored or displayed on the premises or distributed to other locations. This provision is not meant to prohibit the storage of goods sold through a mail-order or online sales business as long as the storage of those goods does not violate any other provision of this regulation.
(F) Occupation types.
(1) The following uses are prohibited as home occupations: barber shops; beauty parlors; automobile and small engine repair; medical or dental office, other than psychiatry/psychology; home cooking and catering; private clubs; eating and drinking establishments; fortunetellers; health spas (excluding personal trainers/massage therapist); hotels/motels; wholesale and retail; and kennels.
(2) If, in the opinion of the permit issuing authority, a use or activity that is proposed as a home occupation is not specifically listed as prohibited, but has characteristics of a use or uses that are listed and could negatively impact the residential character of the neighborhood in which it is proposed, then that use/activity shall be prohibited as a home occupation. Such determinations may be appealed to the Board of Zoning Adjustments.
(3) Note: agriculture-related “homebased processing and microprocessing” taking place in accordance with HB391 and KRS 217.005 through KRS 217.215 shall not be prohibited by the preceding list of occupation types.
(G) Limitation on area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. A home occupation shall occupy less than 50% of the floor area of the principal dwelling unit, when the occupation is located in an accessory structure the area of the accessory structure may be counted towards the floor area of the principal dwelling unit.
(H) Location. The operation of home occupations shall be limited to the dwelling unit (including the basement and attached garage) and one roofed and fully enclosed accessory structure located on the site.
(I) Parking. Parking facilities required by this chapter have been provided and shall not alter the residential character of the lot.
(J) Alteration of structure. No residential structure shall be altered or added to in such a manner that the alteration would conflict with the residential nature of the structure were no home occupation in use.
(K) No products or processing. Except for the creation and production of arts and crafts, there shall be no good, samples, materials or objects sold, stored, displayed, manufactured or processed on the premises in connection with the operation; however, this section shall not prohibit dressmaking or tailoring wherein goods are not manufactured or processed as stock for sale or distribution, nor shall it prohibit the production and incidental sale of arts and crafts which have been created by the occupant of the premises.
(L) Fire rating. No electrical or mechanical equipment or processes that would change the fire rating of the dwelling unit shall be permitted. No home occupation may cause odor, vibrations, fumes or glare which is beyond the scope of odors, vibration, fumes or glare which could result from typical behaviors in a residential setting. 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.
(Ord. 8, passed 10-23-1987, § 15.07; Ord. 4-2012, passed 3-1-2012)