A. Intent: The intent of this section is not to allow circumvention of zoning restrictions on commercial activity within a residential zoning district. Rather, the intent is to provide, under limited circumstances, for the additional use of residential properties for certain nonresidential activities. In general, a residential structure or accessory to the residential structure within a residential zoning district may be used for limited business purposes only if the premises are primarily a residence whose occupants are also conducting limited commercial activities at that location. The commercial activity must be such that it can be conducted without negatively impacting the health, safety or general welfare of the neighborhood, unduly increasing traffic or noise, or substantially changing the residential character of a neighborhood. If the home occupation does not meet these general criteria and the standards set out below, the use is not permitted.
B. Standards: All home occupations shall be subject to the following standards:
1. A home occupation certificate must be filed with the planning and development services department.
2. The presence or pursuit of the home occupation shall not result in any nuisance condition or excessive noise, as defined by this code, nor shall the approval of a home occupation certificate allow circumvention of any other city codes.
3. All persons involved in carrying out the home occupation, whether family members, proprietors, partners, or co-equal shareholders, must have as their primary residence the same dwelling unit as that housing the home occupation, with no on site assistance from other persons or employees. Employees who meet the business owner off site to perform work related activities shall be permitted, provided they do not come to the home.
4. The dwelling unit must be suitable for use for the home occupation without modifications except as specified hereafter. Remodeling or modification of any portion of the dwelling unit or accessory structure to be used in the course of the home occupation shall be prohibited if it would change the character, use, or occupancy classification of the dwelling as set forth in the currently adopted building code. Remodeling and modifications necessary to accommodate handicapped persons shall be allowed, provided applicable building permits have been issued.
5. No oversized vehicle as defined in section 10.08.090 of this code, or any vehicle which by virtue of dimensions, gross vehicle weight or declared use is required by Idaho Code to display, or does display, commercial or apportioned registration plates, may be used or stored on site or on street in carrying out the home occupation.
6. No assets, inventory or raw materials used in a home occupation shall be displayed or stored outdoors. No hazardous materials, as determined by the Pocatello fire department, may be stored at the site of the home occupation.
7. Hours of operation shall be limited to no earlier than six thirty o'clock (6:30) A.M. and no later than nine o'clock (9:00) P.M. Outdoor activities of the home occupation, if any, shall not be permitted earlier than eight o'clock (8:00) A.M. or later than seven o'clock (7:00) P.M.
8. Sales and services to patrons shall be arranged by appointment and scheduled so that no more than one patron vehicle is on the premises at any one time.
9. Delivery vehicles must meet all truck route regulations of this code.
C. Prohibited Uses: The following uses shall not be permitted as a home occupation: auto repair; manufacturing; adult entertainment; and those of similar classification as determined by the Planning Director.
D. Enforcement: In addition to the other remedies contained within this title, any violation of the terms of an approved home occupation certificate shall result in revocation of the certificate. (Ord. 3132, 2023: Ord. 2846 § 1, 2008)
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