A. Intent: There are permitted in any dwelling unit home occupations incidental to the principal use of the dwelling unit as a residence.
B. Permitted Home Occupations: Permitted home occupations are limited to the following list of occupations:
1. Beauty or electrolysis shops and barbershops; limited to two (2) operators of whom one shall be a resident of the dwelling unit in which the home occupation is permitted. (1976 Code §22-5-4)
2. Daycare, home. (Ord. 2007-16, 4-5-2007)
3. Instructions or tutoring in music, dance, home crafts and the arts and sciences; provided, that the total class size does not exceed four (4) students at any one time.
4. Offices for architects, brokers, engineers, insurance agents, lawyers, real estate agents, accountants, bookkeepers, teachers, urban planners, consultants, election and political campaigns, editors, reporters, publishers, contract management, landscape design, building tradesmen, building contractors, house cleaning services, surveyors, landscapers, tour brokers, travel agents and stamp and coin dealers.
5. Offices for medical and dental practitioners, marriage counselors, family counselors and psychologists.
6. Offices for duly ordained leaders of religious and/or spiritual communities.
7. Offices for salesmen, sales representatives or manufacturer's representatives; provided, that no wholesale transactions shall be made on the premises except through telephone, telegraph or mail communication; and further provided, that the real estate sales shall only be permitted at the premises on any one day in each calendar month. (1976 Code §22-5-4)
8. Repair services (not including retail sales, and provided further that no repair of motor vehicles shall be permitted), chauffeur services, cartography services, vending machine services, typing services, strike-on or phototype typesetting services, rubber stamp making services, upholstering services, locksmith services. (1976 Code §22-5-4; amd. Ord. 99-65, 10-14-1999)
9. Studios of artists, authors, composers, photographers, sculptors, dress designers and needleworkers.
10. Workrooms of dressmakers, seamstresses and tailors.
11. Workrooms for home crafts such as model making, rug weaving, lapidary work, cabinet carving, etc.; provided, that no machinery or equipment shall be used or employed other than which would customarily be used in connection with a hobby or avocation.
C. Prohibited Home Occupations: All home occupations not expressly permitted by subsection B of this section are prohibited.
D. Standards For Home Occupations: In addition to all of the standards applicable to the district in which it is located, any home occupation shall comply with the following standards:
1. Not more than one person other than members of the immediate family residing at such dwelling unit shall be employed on the premises. (1976 Code §22-5-4)
2. There shall be no manufacturing or processing of any kind. (1976 Code §22-5-4; amd. Ord. 2007-16, 4-5-2007)
3. No sign shall advertise the presence or conduct of the occupation.
4. There shall be no alteration of the principal structure which changes the character thereof as a dwelling unit.
5. Not more than twenty five percent (25%) of the gross floor area of one story of any dwelling unit shall be principally devoted to the home occupation.
6. No outdoor storage shall be permitted.
7. The home occupation shall be conducted entirely within the dwelling unit; provided, however, that nothing contained herein shall prohibit recreational and/or relaxational activities incidental to the conduct of the home occupation from taking place outside of the dwelling unit.
8. No home occupation may be operated so as to cause a nuisance.
E. Presumptions: Any of the following facts shall give rise to a rebuttable presumption that a home occupation is being conducted at or from any residential premises:
1. Advertising or notices of any type whatsoever which indicate that the address of any business or occupation is located at a premises in any residential district.
2. Advertising or notices of any type whatsoever which indicate that the telephone number of any business or occupation is located at a premises in any residential district.
3. Utility bills for any business or occupation which indicate that the service address for any such business or occupation is located at a premises in any residential district.
4. Reports, returns or other documents required to be filed with any governmental body which indicate that the address of any business or occupation is located at a premises in any residential district.
5. Letterhead, invoices, statements of account, estimates or any other documentation which indicates that a business or occupation is located at a premises in any residential district.
6. That any U.S. mail, UPS or other carrier, deliveries or pick ups for any business or occupation are being made at or from a premises located in any residential district. (1976 Code §22-5-4)