(A) General.
(1) Purpose and findings. This section:
(a) Establishes criteria for operation of home occupations in dwelling units within residential districts;
(b) Permits and regulates the conduct of home occupations as an accessory use in a dwelling unit, whether owner- or renter-occupied;
(c) Ensures that such home occupations are compatible with, and do not have a deleterious effect on, adjacent and nearby residential properties and uses;
(d) Ensures that public and private services, such as streets, sewers or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;
(e) Allows residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria;
(f) Enables the fair and consistent enforcement of these home occupation regulations; and
(g) Promotes and protects the public health, safety and general welfare.
(2) Applicability.
(a) This section applies to any occupation, profession or business activity customarily conducted entirely within a dwelling unit and carried on by a member of the family residing in the dwelling unit, and which occupation or profession is clearly incidental and subordinate to the use of the dwelling unit for dwelling purposes and does not change the character of the dwelling unit. A home occupation is an accessory use to a dwelling unit.
(b) No home occupation, except as otherwise provided in this section, may be initiated, established or maintained in the unit except in conformance with the regulations and performance standards set forth in this section. A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes.
(3) Exempt home occupations. The activities listed in subsections (A)(3)(a) through (A)(3)(d) below are not subject to this section, provided that all persons engaged in such activities reside on the premises:
(a) Artists, sculptors and composers not selling their artistic product to the public on the premises;
(b) Craft work, such as jewelry-making and pottery, with no sales permitted on the premises;
(c) Home offices with no client visits to the home permitted; and
(d) Telephone answering and message services.
(4) Performance standards. Home occupations shall comply with the performance standards set forth in Table 153.1364(A).
Performance Standards | RP, RE | All Other Districts |
Performance Standards | RP, RE | All Other Districts |
The use shall be clearly incidental and secondary to residential occupancy. | T | T |
The use shall be conducted entirely within the interior of the residence. | T | T |
No more than 1 non-resident employee shall be permitted. | T | T |
Not more than six clients per day (limit one visit per day per each client) are permitted to visit home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m. | T | T |
Not more than 25% of the gross floor area of the principal dwelling structure shall be utilized for the home occupation. | T | T |
Music, art, craft or similar lessons are permitted (12 or fewer clients per day). | T | T |
Child care (maximum of 6 or fewer children) is permitted. | T | T |
Public facilities and utilities shall be adequate to safely accommodate equipment used for home occupation. | T | T |
Storage of goods and materials shall be inside and shall not include flammable, combustible or explosive materials. | T | T |
Parking shall be provided only in the driveway. | T | T |
Outside storage of heavy equipment or material shall be prohibited. | T | |
No truck or van with a payload rating of more than 1 ton shall be parked on the site or in front of the site on a regular basis. | T | |
Mechanized equipment shall be used only in a completely enclosed building. | T | |
Electronically amplified sounds shall not be audible from adjacent properties or public streets. | T | T |
No generation of dust, odors, noise, vibration or electrical interference or fluctuation shall be perceptible beyond the property line. | T | T |
Deliveries and pickups shall be those normally associated with residential services, shall not block traffic circulation and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday. | T | T |
Accessory buildings shall not be used for home occupation purposes. | T | |
Signage shall: (1) be limited to one sign of 4 square feet in area; (2) be mounted flush against the wall of principal dwelling unit; and (3) not be illuminated. | T | T |
NOTES TO TABLE: RP = Resource Protection; RE = Residential Estate; and V= the performance standard applies in the applicable district. | ||
(B) Rural home occupations.
(1) Permitted home occupations. The following home occupations are permitted in the “RP” (Resource Protection) and “RE” (Residential Estate) Zoning Districts in addition to those specified herein:
(a) Auto repair work (LBCS Structure 2280);
(b) Contractor and trade shops, indoor operations only, including electrical, plumbing and mechanical (LBCS Function 7210);
(c) Machine welding shops (NAICS 23899);
(d) Office machinery and equipment rental and leasing (NAICS 53242) (includes SIC 7377 computer rental and leasing); and
(e) Computer and office machine repair and maintenance (NAICS 811212).
(2) Performance standards. All home occupations permitted in subsection (B)(1) above shall comply with the criteria of Table 153.1364(A) above consistent with this section. In the event of an inconsistency between Table 153.1364(A) above and this section, this section controls.
(3) Outdoor storage. Outdoor storage shall comply with the following standards.
(a) Storage shall be limited to materials related to the business and shall not involve any hazardous materials.
(b) Outdoor storage areas shall comply with § 153.1371 of this chapter and shall not occupy an area of land exceeding 80 square feet.
(c) Materials shall not be stacked to a height exceeding four feet and shall not be visible from the public right-of-way or an adjacent lot or parcel zoned or occupied for residential use. Any screening required to comply with this subsection shall use wood or masonry fencing or a vegetative hedge;
(d) The rural home occupation shall not create any smoke, odors, dust or noise at a level discernible at any of its lot lines; and
(e) The minimum lot size shall be two acres. In no event shall a home occupation be established on a lot that is non-conforming as to the minimum lot size.
(4) Accessory buildings. Where a home occupation is conducted in an accessory building, such accessory building shall not exceed the lesser of the following:
(a) The square footage of the footprint of the dwelling; or
(b) 2,000 square feet.
(5) Employees. Non-resident employees may work in the home occupation as follows:
(a) Up to 1,000 square feet of floor area: one non-resident employee; and
(b) One thousand square feet and over of floor area: two non-resident employees. For the purpose of this subsection, “floor area” refers to the GFA of the entire dwelling unit and not the floor area devoted to the home occupation.
(C) Unsafe home occupations. If any home occupation has become dangerous or unsafe; presents a safety hazard to the public, pedestrians on public sidewalks or motorists on a public right-of-way; or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Code Enforcement Officer shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken, directing that the home occupation immediately be made safe or be terminated. The property owner and/or tenant shall take the necessary corrective steps or measures but, in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Code Enforcement Officer may take any and all available enforcement actions to render the home occupation and dwelling safe. Costs incurred by the Code Enforcement Officer, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation.
(Ord. 3020, passed 9-10-2013, § 7.30)