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ACCESSORY BUILDING: A part of the main building, or a separate building, devoted to an accessory use.
ACCESSORY USE: A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.
HOME OCCUPATION: A. Home occupation is permitted in a dwelling customarily incidental to the principal use as a dwelling, subject to the following limitations:
1. No person other than a member of the immediate family occupying a dwelling is employed in the home occupation; immediate family is limited to, but need not include, all of those members related by marriage as husband and wife and their children and the parents of the husband and wife.
2. No alteration of the principal building changes the character thereof as a dwelling.
3. No illuminated sign is used, and no other sign other than one giving the name and occupation, and not more than one square foot in area, is displayed.
4. No more than twenty five percent (25%) of the area of one story or twenty five percent (25%) of the basement of the building, or twenty five percent (25%) of just the garage area is devoted to the home occupation.
5. No equipment shall be used in such a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
6. The home occupation shall be deemed to be both site specific and owner specific; thus, the use of a portion of a structure as a home occupation will not permit a subsequent owner an automatic home occupation designation. The new owner will be required to meet all of the criteria contained within this section if a home occupation use is desired.
B. The following activities are prohibited from home occupation under this section:
1. Motor and motorized vehicle or boat repair of any kind to include body and engine work, upholstery and glass repair, and audio system work.
2. Prefabrication of building construction components such as, but not limited to, cabinets and heating and cooling systems.
3. Generally all those uses specifically and already allowed and provided for in this code for Hardin's commercial and industrial zoning districts.
C. The following are hereby declared to be customary home occupations as intended by this section:
Emergency interview only of clients by lawyers, architects, engineers, and similar professions.
Emergency treatment only of patients by physician or dentist.
Model homes in new developments for the purpose of maintaining an office during the period of development; upon one hundred percent (100%) completion of the project, the model home shall be used solely for dwelling uses.
D. Any person who intends to use a portion of his dwelling unit for a home occupation not delineated in subsection B of this definition, shall be required to submit a written request to be allowed a home occupation. The form for this request is available from the City offices.
The written request shall be submitted to the City Clerk, or other authorized representative, prior to the granting of the business license. The Mayor, or Mayor's designee, shall review and consider the request for home occupation and either approve or deny the business license to operate the home occupation. The Mayor may request additional review and approval by the City Council at the Mayor's discretion.
If a home occupation becomes cause for complaint from its neighbors, the business license for the home occupation can be reviewed for possible revocation by the City Council, or the City Council may not approve annual renewal of the license.
Violation of the home occupation provisions of this section, as well as all other sections of the zoning ordinance, is a misdemeanor and punishable as prescribed in section 11-1-12 of this chapter.
SIGN: Any outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises. A "banjo sign" is a sign having a total area on any one face thereof of not more than fifty five (55) square feet, the advertising content of which is ten feet (10') or more above the ground. (Ord., 9-3-1974; amd. Ord. 87-6, 5-5-1987; Ord. 2010-02, 3-2-2010; Ord. 2018-08, 5-1-2018)