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(A) A home occupation is an accessory use of any dwelling unit for gainful employment by the home occupant. It may involve the manufacture, provision or sale of goods and/or services; and be conducted in a dwelling unit or in an accessory building on the same lot as the dwelling unit by members of the family residing on the premises. Unless this chapter provides otherwise, all home occupations shall:
(1) Only employ persons residing on the premises;
(2) Be clearly incidental to the residential use of the property;
(3) Not cause a change in the outside appearance of the building or premises visible from the street or adjacent properties;
(4) Not sell goods or materials to the general public;
(5) Not generate traffic, parking, sewerage, or water use in excess of that which is normal in the residential neighborhood or adversely affect the quality of life of adjacent landowners;
(6) Not use mechanical or electrical equipment or flammable or toxic substances other than that which would customarily be utilized in the home in association with a hobby or avocation not conducted for gain or profit; and
(7) Not require extended alterations, or the outdoor storage or use of machinery or equipment that creates noise, odor, smoke, dust, or glare or is dangerous or otherwise detrimental to persons residing in the home or on adjacent property.
(B) Home occupations permitted as a matter of right are as follows:
(1) Artists, sculptors, authors, composers, and photographers;
(2) Dressmakers, seamstresses, tailors;
(3) Day care or babysitting for not more than four nonresident individuals;
(4) Home crafts such as model making, rug weaving, cabinet making, furniture refinishing, or ceramics;
(5) Office facility of a resident clergy, salesperson, sales representative, manufacturer’s representative, accountant, architect, artist, broker, computer programmer, consultant, counselor, engineer, lawyer, insurance agent, real estate agent, or similar professionals where the principal contact with clients and customers is off premises;
(6) Tutoring, music, or voice lessons or similar services for not more than four persons at any single time;
(7) Food preparation for catering purposes;
(8) Telephone answering service; and
(9) Other activities and uses which the Land Use Administrator determines can be operated in complete accordance with the intent and purpose of this chapter.
(C) The approving authority may authorize, by administrative special use permit, the following and materially similar types of home occupations subject to the specified conditions. Once the conditions of the permit have been determined, the administrative special use permit may be issued provided all adjoining property owners including those directly across any street and any property within 100 feet of the applicant’s property, consent to the intended use and determined conditions by a notarized written statement. The nontransferable administrative special use permit shall be issued to the individual making the application and be subject to annual review to ensure all conditions specified on the permit are being met.
(1) Home occupations with limited on-premises retail sales or personal services.
(a) Uses which may be authorized under this section shall include barber and beauty shops, hobbyists, day care and babysitting or preschool services for more than four but no more than 15 individuals, and other materially similar activities and land uses involving on-premises retail sales and personal services.
(b) All public contact related to such use shall be limited to the period so specified by permit as issued.
(c) Parking as required shall be provided in addition to that otherwise required for the residential use of the property.
(d) The type and extent of items to be displayed, stored, or sold, or personal services to be offered on the premises shall be specifically stipulated by the permit issued for the use.
(2) Small contracting businesses operated as home occupations.
(a) For the purpose of this section, small contracting businesses shall be deemed to include businesses engaged in: construction and/or repair of buildings; installation and servicing of heating, cooling, and electrical equipment, flooring, painting, plumbing, roofing, and tiling; landscaping; and other such uses deemed to be sufficiently similar in terms of type, scale, and impact.
(b) Not more than two vehicles and/or pieces of equipment associated with the operation of a business shall be operated from the site or stored there overnight. Small transportable equipment including: lawn mowers; chain saws; power hand tools; table, band, or radial arm saws; and similar items shall not be included in such a determination.
(c) The areas covered by all structures, outside storage, and parking used primarily in connection with such businesses shall not exceed a total of 1,000 square feet.
(d) All parking, loading, and storage associated with such use shall be effectively screened from view from adjacent properties by landscaping and/or appropriate fencing materials.
(e) The approving authority shall find and determine that the proposed small contracting business is not likely to generate traffic, including commercial delivery vehicles, in greater volume than would normally be expected in the zoning district.
(f) The approving authority shall find and determine that the proposed small contracting business is not likely to create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the zoning district.
(D) The following uses shall not be permitted as accessory home occupations:
(1) Automotive vehicle repair, servicing, salvage, and storage;
(2) Funeral chapel or funeral homes;
(3) Gift shops;
(4) Medical or dental clinic or hospital;
(5) Restaurant or other eating establishments;
(6) Commercial stable or commercial kennel;
(7) Veterinary clinic;
(8) Commercial animal, fowl, livestock, or pet operations;
(9) Other activities and land uses which the approving authority determines to be materially similar to the activities listed above; and
(10) Automobile graveyard or junkyard.
(Ord. passed 11-9-1995; Ord. passed 4-13-2006) Penalty, see § 157.999