§ 154.168  HOME OCCUPATIONS.
   (A)   Standards and limitations.  The following standards and limitations shall apply to home occupations.
      (1)   The home occupation will be operated by a resident of the property on which the business is located.
      (2)   The home occupation will employ on the site no more than 2 full or part-time employees, other than the applicant.
      (3)   The home occupation will be operated substantially in the dwelling or in other buildings normally associated with uses permitted in the zone in which the property is located.
      (4)   The home occupation will not unreasonably interfere with existing uses on nearby
land or with other uses permitted in the zone in which the property is located.
      (5)   No more than 1 home occupation shall be permitted in conjunction with any dwelling or parcel.  Activities which are substantially different in nature shall be considered separate home occupations.
      (6)   A home occupation shall not be used to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is established, nor shall a home occupation be used as justification for a zone change.
      (7)   The total area used for outdoor storage shall not exceed the allowable parcel coverage in the zone in which the home occupation is established.
      (8)   There shall be no visible evidence of the conduct of a home occupation from any road or adjacent property, other than permitted signs.  Any outdoor storage or outdoor work areas shall be effectively screened by vegetation or by a sight obscuring fence.
      (9)   A home occupation shall not generate noise, vibration, glare, fumes, odor, electrical interference or other disturbance beyond what normally occurs in the applicable zoning district.
      (10)   The applicant shall provide evidence of New Mexico Environmental Department review and approval of the liquid waste disposal system for the home occupation.
      (11)   A home occupation shall not generate traffic or parking beyond what normally occurs in the applicable zoning district.
      (12)   Off-street parking spaces shall be provided for clients or patrons.
      (13)   (a)   The nature of a proposed home occupation shall be specified at the time of application.
         (b)   Any proposed change in the nature of an approved home occupation shall require a new conditional use permit.
         (c)   Any departure from the uses and activities initially specified shall be considered grounds for revocation of the conditional use permit.
      (14)   (a)   A permit for a home occupation shall be deemed personal to the applicant and shall not run with the land.
         (b)   Upon notification by the county the permit shall expire 2 years from the date of issuance, at which time the permit may be renewed by the Department upon a finding that the requirements of this subchapter are being met.
         (c)   A fee for renewal of the permit may be imposed by the Department.
      (15)   (a)   A condition of approval may be placed on a home occupation requiring a review every 12 months following the date the permit was issued.
         (b)   The home occupation may be renewed if it continues to comply with the requirements of this subchapter and any other conditions of approval.
         (c)   Pursuant to the non-conforming use provisions of § 154.059 of this chapter, any proposed expansion or change in the nature of a home occupation in operation prior to adoption of this subchapter shall be subject to the requirements of this section and shall require a conditional use permit.
         (d)   In the event of denial of an application, the home occupation shall be allowed to continue at its original scale and nature as a non-conforming use.
   (B)   Applications.  All applications for home occupation permits shall be subject to the Type B application procedure set forth in § 154.076 and the conditional use permit review criteria in § 154.057.
(Ord. 2004-05, passed 9-15-2004)  Penalty, see § 154.999