Home Occupation
References
For all section references, please see the Zoning Ordinance
Home Occupation - Section 1-19-11.100
Any occupation or business use conducted entirely within a dwelling or an accessory structure or both by a resident of the property, and which is clearly incidental to the residential use of the building, excluding: antique shops, boarding or room houses or tourist homes; commercial repair or storage of automobiles, watercraft, or other motor vehicles, commercial stables, kennels, and nurseries; mortuary establishments; professional offices; restaurants or tea rooms.
Section 1-19-8.240(A)(5)(a)
All home occupations shall comply with the following conditions:
- There will be no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling or an accessory structure.
- No retail sales or services, other than goods grown, produced or assembled on the premises, shall be conducted on the premises; however, retail sales of products not produced on the premises are permitted when these sales are only incidental to and part of the primary function of the business.
- Additional off-street parking will be provided in accordance with the requirements set forth by use in Section 1-19-6.220 of the ordinance. If there is a question as to the use and corresponding parking, the Zoning Administrator shall make the determination.
- The home occupation shall not cause any odor, dust, smoke, vibration, noise, or electromagnetic interference, which can be detected at or beyond the property line.
- There will no outdoor storage of equipment, material or stock.
- There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials as defined by the U.S. Environmental Protection Agency.
- A full-time resident of the property must conduct the business.
- Home occupations located on properties utilizing a common drive shall be required to give notice of home occupation use to adjoining property owners by registered or certified mail. Proof of notification is required.
- Any interior structural alterations to accommodate the home occupation will require the issuance of a building permit.
Section 1-19-6.320(5) – Home Occupation Signs
If a Residential Zone, 1 sign, 2 square feet maximum, attached to the structure. If an Agricultural or Conservation Zone, 1 sign, 6 square feet maximum – Setbacks as follows: Front Yard – 30 feet, Side – 10 feet, Rear – 10 feet.
Based on the responses given on the Home Occupation Questionnaire, your home occupation can be classified as having: ________NO IMPACT ________MINOR IMPACT
Please note the description of each category below:
Section 1-19-8.240(A)(5)(b) - Home Occupation With No Impact
Home occupations with no impact are a permitted accessory use upon completion of the home occupation survey form in the Office of Permitting and Inspections. Home occupation owners must comply with the general home occupation standards and the following conditions:
- No more than 5 business-related vehicle visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified in the Comprehensive Plan.
- When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted.
- There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway.
- Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.
- No non-resident employees (full-time or part-time) are permitted to work on the premises.
- No more than 600 square feet of an accessory structure may be used for business purposes.
- There is no limit to the amount of square footage that can be utilized within the principal structure provided the home occupation remains incidental to the residential use.
- For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and its impact on the adjoining properties.
- More than 1 home occupation with no impact may be conducted on the premises; however, the combined business-related impact of the home occupations shall not exceed the limits established in (B) 1-3 above. No impact home occupations may be permitted in all types of residential structures.
Section 1-19-8.240(A)(5)(c) - HOME OCCUPATION WITH MINOR IMPACT
Home occupations with minor impact must obtain a zoning certificate through the Office of Permitting and Inspections. Home occupation owners must comply with the general home occupation standards in Subsection 1-19-8.240(A)(5)(c) and the following conditions:
- No more than 2 business-related vehicle visits per day nor more than 10 visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified on the Comprehensive Plan.
- When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted.
- There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway.
- Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.
- No more than 1 non-resident employee (full-time or part-time) is permitted to work on the premises.
- In Residential and Conservation-zoned parcels, no more than 600 square feet of an accessory structure may be used for home occupation purposes.
- This square footage may increase to 1,200 square feet in the agricultural zone.
- There is no limit to the amount of square footage that can be utilized within the principal structure provided the home occupation remains incidental to the residential use.
- For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and impact on the adjoining properties.
- More than 1 home occupation with Minor Impact may be carried out on the premises, however, the combined business-related impact of the home occupations shall not exceed the limits established in (C) 1-3 above.
- Home occupations with minor impact shall be permitted within townhouse, condominium, multiplex or apartment dwellings except that vehicle visits shall be limited to the hours between 7 a.m. and 6 p.m.