(A) Purpose and intent. It is the intent of this section to allow businesses to be operated in residences, provided that where residences are the principal uses of land, the residential interests shall take precedence over business interests to ensure the continued residential character of the property. Home-based businesses are permitted only as accessory uses.
(B) Businesses allowed without permits. Home-based businesses meeting the criteria below are permitted in any residential dwelling and do not require a permit:
(1) The primary use of the property is residential, and the operator of the home-based business resides in the dwelling unit.
(2) The operator of the home-based business does not employ solely for the business anyone not residing on the premises.
(3) There are no structural additions, enlargements or exterior alterations to accommodate the home-based business or which change the residential appearance to a business appearance.
(4) The business is conducted entirely within the residence and not in any accessory building.
(5) There is no additional and separate entrance incongruent with the residential structural design for the purpose of conducting the home-based business.
(6) There is no display of goods, signs, or other external evidence of the home occupation.
(7) There are no clients or customers who come to the premises for the purpose of patronizing the home-based business.
(C) Businesses requiring a permit. Home-based businesses meeting the criteria below are permitted but require an improvement location permit. Examples of such businesses include but are not limited to music instruction, tax preparation, financial planning, insurance sales, sewing and tailoring, and repairs of small items.
(1) There shall be no more than one nonresident person engaged on the premises in the operation of the business at any one time.
(2) There shall be no more than four clients, customers, or students at the premises at any one time for a purpose associated with the home-based business.
(3) If the home-based business is located in an accessory building, such building shall be of a type and size consistent with other accessory buildings in the neighborhood. No accessory building shall be constructed for the purpose of housing a home-based business.
(4) The business shall be conducted entirely within enclosed buildings, with the exception of seasonal outdoor instruction such as tennis or swimming lessons for no more than four students at any one time.
(5) Any sign associated with the home-based business shall be consistent with other signs permitted in residential districts and shall be no larger than two square feet in area.
(D) Prohibited businesses. The following are not permitted as home-based businesses:
(1) Any business utilizing hazardous or flammable materials;
(2) Any business that produces noise levels beyond those normally present in residential areas;
(3) Any business that produces odors, heat, glare vibration, or other similar effect at levels beyond those normally presents in residential areas; and
(4) Any business that requires approval from the State Board of Health, including but not limited to food service, beauty salons, and barber shops.
(E) Home-based businesses as conditional uses. The Board of Zoning Appeals may grant a conditional use permit to operate any home-based business not specifically prohibited herein, provided the Board makes findings that such business meets all the criteria for a conditional use contained in § 157.094.
(Ord. 17, 2006, passed 11-27-2006)