(A) Purpose. The purpose of this section is to:
(1) Encourage major business activities to be conducted in appropriate Commercial Zones;
(2) Allow for home occupations that are compatible with the neighborhoods in which they are located as an accessory use;
(3) To safeguard peace, quiet and domestic tranquility within all residential neighborhoods within the county, and to protect residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects of commercial uses being conducted in residential areas;
(4) Provide a means to terminate home occupations if disruption of a residential neighborhood occurs; and
(5) To establish a class of businesses that is permitted in the home to engage in the business of childcare and other group child activities.
(B) Home occupations license.
(1) A home occupation shall be conducted within the county in zone districts where allowed by this chapter and in compliance with the following provisions, unless it has been determined to be a nonconforming use pursuant to § 155.365 of this code.
(2) A license to conduct a home occupation shall be issued by the business license section of the Community Development Department.
(3) Approval from the Department shall be pursuant to the following provisions or as a nonconforming use.
(C) Standards for approval of all home occupations licenses. The following standards shall be complied with in the operation of all home occupations at all times.
(1) The home occupation shall be an accessory use which is clearly secondary and incidental to the primary use of the dwelling unit for residential purposes.
(2) The home occupation shall not physically change or alter the external residential appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room or all of the bedrooms.
(3) The home occupation shall not involve the use of any yard space for storage or display of supplies, inventory or equipment when such use is in conjunction with the sale or production of goods or services.
(4) There shall be complete conformity with fire, building, plumbing, electrical and all other county, state and federal codes.
(5) The home occupation shall not cause a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses.
(6) The home occupation shall not be associated with or produce odor, smoke, dust, heat, fumes, light, glare, color, materials, construction, lighting, sounds, noises or vibrations, or other nuisances, including interferences with radio and television reception or other adverse effects associated with its use as a business that may be discernible beyond the premises or unreasonably disturb the peace and quiet of the neighborhood.
(7) No process can be used which is hazardous to public health, safety, morals or welfare.
(8) The home occupation shall not interfere or disrupt the peace, quiet and domestic tranquility of the neighborhood by creating excessive noise, excessive traffic, nuisance, fire hazard, safety hazard or other adverse effects of commercial uses.
(9) Inspection during reasonable hours by county officials may occur as necessary to ensure compliance with these regulations.
(10) All vehicles, including customer, client- or business-related visitor vehicles, must be provided off-street parking at the location wherein the home occupation is being conducted.
(D) Qualifications.
(1) No more than one person (living outside of the home) working a maximum of 20 hours per week shall be engaged, volunteer or be employed on the premises of the home occupation.
(2) Visitors, customers and vehicular traffic shall not exceed that normally and reasonably occurring for a residence in the neighborhood where the home occupation is located and shall be conducted so that the average neighbor will not be significantly impacted by its existence. In no case shall the home occupation exceed two vehicular customers and/or visits per hour, or six per day, nor deliveries or pick-ups exceed more than one per day.
(3) (a) The home occupation shall not generate or exceed eight children, associated with group child activities (e.g., dance schools, preschool, music classes, childcare centers and the like) at any one time. A maximum of eight students/children is permitted per day. This number shall include the licensee’s own children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted. This restriction shall not apply to those non-income producing childcare activities (such as baby-sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.
(b) All child daycare center home occupations shall comply with the requirements and standards of § 155.347 of this code and all applicable Building Codes relevant to the use.
(4) The home occupation may include the limited sale of commodities.
(5) Vehicles or equipment may not be used primarily for the purposes of advertising the home occupation at the site of the home occupation. Vehicles or equipment displaying such advertising should not be visible from the public right-of-way. PRIMARY USE shall be defined if the vehicle is not licensed or running or is not moved for a period longer than 72 hours.
(6) The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to vehicles with a gross vehicle weight rating (GVWR) of 15,000 pounds or less.
(7) The home occupation may utilize one unanimated, nonilluminated flat sign, for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling and may not have an area greater than two square feet.
(8) No visitors in conjunction with the home occupation (clients, patrons, students, pupils and the like) shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.
(9) The home occupation shall be carried on wholly within the principal building.
(10) No more than 25% of the total floor area of the dwelling unit, nor in the alternative more than 50% of the total floor area of any basement of the dwelling unit, shall be utilized for the home occupation.
(E) Category I classification; permitted home occupations. Home occupations conducted in conformance with all of the provisions of divisions (C) and (D) above are permitted when appropriately licensed by the county.
(F) Category II classification; designation and qualifications.
(1) Occupations that do not meet all qualifications listed in division (D) above, but still desire to conduct a home occupation, and are not required to obtain a conditional use permit approval under division (G) below, may request review and approval for their home occupation from the Zoning Administrator.
(2) The Zoning Administrator shall review the application for a specific use under this division (F)(2), may provide a public hearing and make recommendation for any approval or denial of the application to the business license section.
(a) The Zoning Administrator, in order to recommend approval, must find and require the following:
1. The proposed home occupation complies with all the standards for home occupations set forth in division (C) above;
2. The proposed home occupation will be of benefit to its own neighborhood by providing a necessary or convenient service to the residents of the neighborhood, but not draw additional traffic from outside the neighborhood; and
3. The category II classification home occupation will not be carried on in a garage, accessory building, swimming pool or outside space.
(b) If the Zoning Administrator is able to make the findings set forth in division (F)(2)(a) above, then the Zoning Administrator must determine:
1. With which of the qualifications listed in division (D) above the proposed home occupation will not be required to comply; and
2. What additional qualifications will be required of the home occupation in order to ensure its continuing compliance with the standards and minimal impact on the neighborhood.
(3) (a) Any approval granted under this division (F)(3)(a) shall be under review and considered probationary for a period of up to one year until reviewed and approved, approved with additional conditions or denied by the County Commission as provided below.
(b) During the review period, the new category II use, together with any specific qualifications and restrictions, shall be presented to the County Commission for adoption as an amendment to this section.
1. If the County Commission approves the home occupation, it may continue, provided the home occupation continues to comply with the standards set forth in division (C) above and the qualifications set forth by the Planning Commission and County Commission.
2. If the County Commission denies the use, then the home occupation must cease operation.
3. The County Commission may choose to make modifications to the qualifications as recommended by the Planning Commission, including, but not limited to, those based on information and experience collected during the review period. The home occupation must comply with the additional or modified qualifications to continue to conduct business.
(4) The qualifications determined to be necessary for the proposed category II home occupation will then apply to all home occupations which have the same business use under the same conditions.
(G) Category III classification; conditional use permit required. Certain types of occupations which have reasonably anticipated detrimental effects to the residential character of the area, when carried on in Residential Districts must be reviewed to determine if reasonable conditions can be imposed to mitigate such effects.
(1) The following uses are appropriate in a dwelling only if they are determined to be compatible with the neighborhood and with the public health, safety and general welfare, and if conditions specific to that activity are developed after full conditional use review by the Zoning Administrator and compliance with division (C) above, applicable development code provisions, and the additional regulations set forth hereafter. The Zoning Administrator may determine, due to potential adverse impacts, that it is in the best interest of the county to refer the application to the Planning Commission for review and acceptance.
(a) Any child daycare center home occupation that is expected to generate or exceed eight children at any one time:
1. A maximum of 16 children is permitted at any one time;
2. A maximum of 18 children is permitted per day;
3. This number shall include the licensee’s and any employees’ children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted;
4. All child daycare center home occupations shall comply with the requirements and standards of § 155.347 of this code and all applicable Building Codes relevant to the use; and
5. This restriction shall not apply to those non-income producing childcare activities (such as baby-sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.
(b) Any home occupation that is expected to generate or exceed eight children associated with group child activities (e.g., dance schools, preschool, music classes, other care or instruction of children) at any one time other than child daycare:
1. A maximum of 16 students/children generating separate vehicle trips is permitted at any one time;
2. A maximum 32 students/children generating separate vehicle trips is permitted per day;
3. Additional students/children who do not generate separate vehicle trips may be permitted to a maximum of 16 students/children at any one time and four sessions per day. Additional students/children will be permitted only if the total number of students/children generating separate vehicle trips does not exceed 32 per day;
4. The total number shall include the licensee’s and any employees’ children if they are under six years of age and are under the care of the licensee at the time the home occupation is conducted; and
5. This restriction shall not apply to those non-income producing childcare activities (such as baby-sitting cooperatives, baby-sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences.
(c) Repair shops, including welding, carpentry (use of three or more woodworking power equipment), sheet metal work, furniture manufacturing, upholstery and other such manufacturing;
(d) Repair shops for the repair or service of motor vehicles;
(e) Veterinary services;
(f) Massage therapy;
(g) Any home occupation which proposes or conducts activities within an outbuilding, accessory building or garage, outside any structure or in a swimming pool;
(h) Any home occupation using explosives or hazardous chemicals;
(i) Any home occupation which will generate in excess of two vehicular customers or visitors per hour or six per day. A maximum of 12 vehicular business-associated visitors per day may be allowed under a conditional use permit;
(j) Any home occupation proposing to employ or employing a person working more than 20 hours per week or more than one employee (i.e., persons other than residents of the dwelling unit who are engaged, volunteer or are employed on the premises of the home occupation). A maximum of one additional employee may be allowed under a conditional use permit;
(k) Any home occupation which proposes to use or uses commercial use vehicles in excess of one ton;
(l) Any home occupation involving or proposing to involve food or drink preparation, storage or catering. Such a home occupation will be considered for a conditional use permit only when it is authorized by the appropriate state or county department or agency;
(m) Any home occupation which proposes or conducts business between the hours of 10:00 p.m. and 6:00 a.m.; and
(n) Any home occupation that is referred to the Planning Commission by the Zoning Administrator for purposes of Planning Commission recommendation.
(2) In addition to the conditions established by the Zoning Administrator and/or Planning Commission at the time of its review, all category III classification home occupations must comply with the following:
(a) The provisions of this chapter concerning public hearing requirements;
(b) Division (C) above, standards of approval for all home occupation licenses;
(c) All category III home occupation uses must be conducted from property with a single-family detached dwelling;
(d) All home occupations licensed under this division (G)(2) require an approved conditional use permit and home occupation license prior to commencing business; and
(e) The Zoning Administrator and/or Planning Commission may establish additional conditions for the category III home occupation use to mitigate its effects on the area or for the general health, safety and welfare.
(H) Category IV classification; prohibited home occupations. The following uses, by the nature of the occupation, have a pronounced tendency once started, to rapidly increase beyond standards permitted for home occupations and thereby substantially impair the use and value of residentially zoned areas for residential purposes:
(1) Mortuaries;
(2) Animal hospitals;
(3) Clinics, dental or medical offices, hospitals, physical therapy;
(4) Junkyards;
(5) Commercial stables, kennels;
(6) Ambulance, tow truck or other emergency vehicle storage or repair;
(7) Food or drink preparation, storage or catering not permitted by appropriate state or county department or agency;
(8) Health, fitness, aerobic, jazzercize classes, spa facility;
(9) “Boutiques” or craft shows;
(10) Auto body shop;
(11) Any process which requires the use of spray-painting equipment;
(12) Number of vehicular customers and/or visits per day exceeds 16 per hour (for childcare or group child activities), 16 per day (for nonchild daycare or nongroup child activities) or 32 per day (for childcare or group child activities); and
(13) Any business, occupation, profession, operation, managing or carrying on of a business for the purpose of economic gain, which activity is carried on in a Residential Zone which is not specifically permitted by this chapter.
(Prior Code, § 8-6-15) (Ord. 12-01, passed 3-6-2012; Ord. 17-27, passed 5-2-2017; Ord. 22-02, passed 1-18-2022)