1367.05 CLASS II HOME OCCUPATIONS.
   (a)   Class II Home Occupations may be permitted in all zoning classifications in which residential uses are permitted subject to the following:
      (1)   The Class II Home Occupation shall be secondary to the use of a dwelling unit for residential purposes, no more than 250 square feet or twenty-five percent (25%) of the floor area, whichever is less, of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. Floor area of a dwelling unit, in this case, shall include the floor area of all heated and ventilated and thereby habitable rooms and areas within the dwelling unit.
      (2)   On the premises, retail sales shall be prohibited except for sales incidental and directly related to the service provided, which sales shall not exceed ten percent (10%) of the gross income.
      (3)   Only persons permanently residing on the premises shall be employed, engage in or provide services to the Class II Home Occupation.
      (4)   In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. or later than 10:00 p.m., except for a family day care home, which may be open at any time.
      (5)   No more than one Class II Home Occupation shall be permitted within any single dwelling unit.
      (6)   A Class II Home Occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached.
      (7)   There shall be no exterior indication of the Class II Home Occupation or variation from the residential character of the principal building, except a flat wall sign no larger than four square feet may be affixed to the exterior.
      (8)   There shall be no exterior storage of materials to be used in conjunction with a Class II Home Occupation.
      (9)   No traffic shall be generated by such Class II Home Occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
      (10)   A Class II Home Occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. A home occupation as provided in this section shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this provision. The judgment of the Zoning Official shall be considered decisive and final in this matter unless formally appealed to the Planning Commission within forty-five days of the Zoning Official's written determination.
   (b)   Class II Home Occupations shall include:
      (1)   Any use listed as a Class I Home Occupation without the limitations thereto
      (2)   Offices for lawyer, real estate agent, architect, planner, engineer, surveyor
      (3)   Personal office use where customers or clients may visit the premises
      (4)   Photography studio
      (5)   Family day care home, as defined in W. Va. Code 49-2B-2(n), and registered under W. Va. Code 49-2B-3(d). A family day care home shall occupy no more than 750 square feet of the gross floor area of the primary residential building, and is not required to provide off-street parking.
      (6)   Gunsmith
      (7)   Upholstering
      (8)   Art studio/instruction limited to one student at a time
      (9)   Art restoration
      (10)   Dance instruction limited to one student at a time
      (11)   Music instruction limited to one student at a time provided that no instrument may be amplified.
      (12)   Tutoring limited to one student at a time
      (13)   Dressmaking, sewing, and tailoring
      (14)   Computer programming
      (15)   Data processing
      (16)   Electronic repair service
      (17)   Laundry, ironing service
      (18)   Cellular repair, excluding sales
      (19)   Beauty shop limited to one chair
      (20)   Barber shop limited to one chair
      (21)   Accountant /Bookkeeper
      (22)   Direct sale product distribution (such as Amway, Avon, Tupperware)