A. Description: Home occupations are jobs or professions conducted wholly or partly from a residential dwelling.
B. Purpose: The home occupation regulations of this section are intended to allow Pryor Creek residents to engage in customary home-based work activities, while also helping to ensure that neighbors are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.
C. Types Of Home Occupations: Two (2) types of home occupations are defined and regulated under this section: type 1 and type 2.
1. Type 1 Home Occupations: Type 1 home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site. Typical examples include telecommuting office workers, writers, consultants, artists and crafts people.
2. Type 2 Home Occupations: Type 2 home occupations are those in which household residents use their home as a place of work and either employees or customers come to the site. Typical examples include tutors, teachers, photographers, counselors, hair cutting/styling and real estate agents.
D. Exemptions: Nonresidential uses that are expressly allowed in conjunction with residential uses (e.g., bed and breakfast uses and family child care homes) are not subject to home occupation regulations.
E. Allowed Uses: The home occupation regulations of this section establish performance standards for all home occupations rather than listing specific home occupation uses that are allowed. Uses that comply with the standards of this section are allowed as of right unless otherwise expressly stated.
F. Prohibited Uses: The following uses are expressly prohibited as home occupations:
Animal care, grooming or boarding businesses.
Any type of assembly, cleaning, maintenance, painting or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators).
Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.
Dispatch centers or other businesses where employees come to the site and are dispatched to other locations.
Equipment or supply rental businesses.
Funeral or interment services.
Restaurants.
Taxi, limo, van or bus services.
Taxidermists.
Tow truck services.
Any use that does not comply with regulations of this section.
G. Where Allowed:
1. Type 1 Home Occupations: Type 1 home occupations are permitted as of right as an accessory use to a principal use in the household living use category. Type 1 home occupations are subject to the general regulations of subsection H of this section and the supplemental regulations of subsection I of this section.
2. Type 2 Home Occupations:
a. Type 2 home occupations may be approved as an accessory use to a principal use in the household living use category through the special exception procedures of section 10-15-12 of this title. Type 2 home occupations are subject to the general regulations of subsection H of this section and the supplemental regulations of subsection J of this section.
b. Type 2 home occupations may be approved as an accessory use to a principal use in the household living use category through the mandatory development plan provisions of section 10-15-7 of this title. Type 2 home occupations are subject to the general regulations of subsection H of this section and the supplemental regulations of subsection J of this section or as may be further regulated by an approved mandatory development plan.
H. General Regulations: All type 1 and type 2 home occupations are subject to the following regulations.
1. Home occupations must be accessory and subordinate to the principal residential use of the property.
2. Home occupations that change the character of the residential building they occupy or that adversely affect the character of the surrounding neighborhood are prohibited. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood in Pryor Creek. Home occupations must be operated so as not to create or cause a nuisance.
3. Any tools or equipment used as part of a home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.
4. External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, the addition of a separate building entrance that is visible from abutting streets or the exterior display of an illuminated nameplate sign (see subsection 10-12-3C of this title).
5. No display of any material or merchandise is allowed.
6. The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 CFR section 171.8.
I. Supplemental Regulations For Type 1 Home Occupations:
1. Only residents of the dwelling unit in which the home occupation is located may be engaged in a type 1 home occupation. No nonresident owners, employees or contractors may be present on the subject property.
2. No clients, customers, patients, or students are allowed in conjunction with a type 1 home occupation.
3. Type 1 home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building.
4. More than one type 1 home occupation is allowed as an accessory use, but the general regulations of subsection H of this section and the supplemental regulations of this subsection I apply to the combined home occupation uses.
J. Supplemental Regulations For Type 2 Home Occupations:
1. Only uses approved in accordance with the special exception procedures of section 10-15-12 of this title or through a mandatory development plan are allowed as type 2 home occupations.
2. At least one individual engaged in the home occupation must reside in the dwelling unit in which the home occupation is located as their primary place of residence.
3. No more than three (3) clients or customers may be present at any one time on the site of a type 2 home occupation. Family members of the client or customer are not counted towards the 3-person limit.
4. A maximum of one nonresident employee is allowed with a type 2 home occupation if no customers or clients come to the site at any time. Home occupations that have clients, customers or students coming to the site may not have nonresident employees and vice-versa. For the purpose of this provision, the term "nonresident employee" includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
5. Type 2 home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building. (Ord. 2018-16, 12-4-2018)