(A) In any district where a home-based business is allowed, it shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the dwelling. For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and has obtained and currently possess the appropriate business tax receipt from the town.
(B) When permitted, home-based business shall be conducted in accordance with the following provisions:
(1) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.
(2) In order to preserve the character, aesthetics, architectural and the use of the residential property so as to be consistent with the uses of the residential areas that surround the property, there shall be no display of goods visible from any street.
(3) In order to preserve the character, aesthetics, architectural and the use of the residential property so as to be consistent with the uses of the residential areas that surround the property, a nonilluminated nameplate, not exceeding two square feet in area, may be displayed providing it is affixed flat against the exterior surface at a position not more than two feet distance from the main entrance to the residence.
(4) (a) No home-based business shall occupy a residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters which results in a situation where the home business becomes the primary use of the property and the residential use is secondary. A list of non-exclusive factors which may be considered to determine if the residential use is secondary are as follows:
1. Whether homestead tax exemption is maintained on the property;
2. The number of occupants of the dwelling compared to the number of bedrooms in the dwelling;
3. Whether the dwelling unit is owner/occupied;
4. Traffic generation to and from the property exceeds that which is greater than would normally be expected at a similar residence where no business is conducted;
5. Whether parking volume at the property exceeds that which is greater than would normally be expected at a similar residence where no business is conducted;
6. Whether the use of vehicles or trailers operated or parked at the business or on a street right-of-way is greater than would normally be expected at a similar residence where no business is conducted.
(b) No rooms that have been constructed as an addition to the residence, nor any attached garage or porch that has been converted into living quarters since the dwelling's original construction, shall be considered as floor area until two years after its date of completion or occupancy is issued by the town.
(5) No home-based business retail transaction may be conducted in any structure or accessory building other than the residential dwelling.
(6) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.
(7) No equipment or process shall be used in the home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(8) Occupations that generate greater volumes of traffic than would normally be expected in a residential neighborhood are prohibited.
(9) Parking related to the business activities of the home-based business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. The parking of vehicles and trailers shall conform to the parking requirements of the zoning district where the home-based business is located. Vehicles and trailers, if so permitted in the applicable zoning district, used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.
(10) The parking or storage of heavy equipment at the business which is visible from the street or neighboring property is prohibited. For purposes of this division the term HEAVY EQUIPMENT means commercial, industrial, or agricultural vehicles, equipment, or machinery.
(2000 Code, § 66-1011) (Ord. 75-01, passed 7-14-1975; Ord. 2021-05, passed - -2021; Ord. 2022-01, passed - -2022) Penalty, see § 157.999