A. Permits Required: "Home occupations" or small "home businesses", as defined in section 12-2-1 of this title, are permitted in any residential zone; provided, that a conditional use permit as set forth in this chapter and a business permit as set forth in title 3 of this code are first obtained.
B. Specific Conditions: In addition to the general conditions of a conditional use permit and any special conditions that may be imposed by the planning and zoning commission, the following specific conditions shall also apply:
1. Not more than one-half (1/2) of one floor shall be used for an occupation if the occupation is conducted in a family residence.
2. An occupation may be conducted in an accessory building if first approved by the planning and zoning commission.
3. No goods, products or manufactured items associated with the home occupation shall be attached, displayed or stored outside of any buildings or structures located on the premises or general area. Goods, products or manufactured items shall be confined to the building or buildings in which an occupation or home business is being conducted.
4. For sign requirements in conjunction with a home occupation or small business, see section 12-9-11 of this title.
C. Not Allowed To Continue: The home occupation or small home business license shall not be granted or allowed to continue if it is determined by the planning and zoning commission or the town council that the conduct of such home occupation or small business infringes upon the residential quality and life of neighbors or immediate family or when it is determined that such business or occupation becomes a nuisance and warrants moving to a commercial area. (1987 Code § 17.72.030)
D. Prohibited Occupations:
1. Vehicle Repairs: Vehicle repair including the assembly or disassembly of vehicle parts, paint and body work, and accessory components installation is not permitted as a home occupation.
2. Retail Stores: Business where the primary function is the sale of retail goods shall not be permitted as a home occupation.
E. Exemptions:
1. Criteria For Exemption: Any home occupation may be exempt from obtaining a conditional use permit if the home occupation can meet all of the following criteria:
a. Employees: In addition to family members residing in the dwelling unit, only one person may be employed by the home occupation. (Ord. 8-94, 12-15-1994)
b. Visual Indicators: No exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal or accessory building. Signs for home occupations are allowed not to exceed twelve (12) square feet in size. (Ord. 2011-15, 1-5-2012)
c. Environmental Contaminants: No home occupation shall emit odor, dust, gas, noise, vibration, smoke, heat, glare, or other environmental contaminants associated with the home occupation beyond any boundary of the lot on which the home occupation is conducted.
d. Operating Hours: Activity shall be limited to the hours between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., except for home occupation childcare facilities and those occupations which do not adversely impact the neighborhood.
e. Operating Equipment: No mechanical equipment shall be used except that normally used for domestic, hobby, standard office or household purposes.
f. Business License: A town business license is required for all home occupations.
g. Parking: Any parking incidental to the home occupation shall be provided on the site and must be improved.
h. Business Area: Not more than fifty percent (50%) of the total area under the primary residential roof shall be used for any home occupation, except for home occupation childcare facilities. Accessory buildings may be used by approval of the planning and zoning commission.
i. Increased Traffic: Home occupations which generate business traffic resulting in excess of eight (8) trips per day, or more than two (2) vehicles at any one time, shall require approval of the planning and zoning commission.
j. State Licensing: Home occupations requiring Wyoming state licensing shall require planning and zoning approval. (Ord. 8-94, 12-15-1994)
2. Notice To Adjacent Property Owners: If an application for a home occupation business complies with all the criteria of subsection E1 of this section, the town shall notify, by letter, all adjacent property owners and occupants. If no objections from those notified are received within fourteen (14) days of the notification letter date, the business license may be issued by the town clerk. (Ord. 8-94, 12-15-1994; amd. 2004 Code)
3. Commercial Zone: A home occupation located in the commercial zone is not required to obtain a conditional use permit. A business license is still required.
4. Criteria Requiring Permit: Any one of the following criteria shall cause the home occupation to obtain a conditional use permit:
a. A written objection from an adjacent property owner when letters are sent to all adjacent property owners;
b. Failure to comply with the criteria listed in subsection E1 of this section;
c. The home occupation is located in an accessory building;
d. The home occupation generates business traffic in excess of eight (8) trips per day, or more than two (2) vehicles at any one time;
e. The home occupation requires Wyoming state licensing; or
f. A written objection from any interested party who becomes aware that the business does not comply with the criteria listed in subsection E1 of this section.
5. Appeal: If an application for a business license for a home occupation is denied, the applicant may appeal to the planning and zoning commission. (Ord. 8-94, 12-15-1994)