§ 4.3.1. Home occupation.  


Latest version.
  • A.

    A home occupation shall be defined as any business or commercial activity that is:

    (1)

    Conducted within a single family residential dwelling unit in a residential zoning classification and is clearly incidental to the principal residential use of the premises, or

    (2)

    Conducted on the same tract with the principal structure in an agricultural zoning classification, and

    (3)

    Which is a permitted use within the agricultural zoning classification and conducted without significantly adverse impact on the surrounding area.

    A.

    The use shall not generate more traffic than would be associated with the allowable residential use.

    B.

    Non-inclusive examples of enterprises that may be considered as Home Occupations if they meet the forgoing definitional criteria are: the office or studio of an artist, musician, lawyer, architect engineer, teacher, accountant or similar professional; workshop for pottery; tailoring and dressmaking; single chair or station barber or beauty shop, computer programming, telephone answering service and gun dealers.

    B.

    Residential—General requirements:

    (1)

    A Home Occupation Permit requires the approval of the Growth Services Director on an application form confirming the following requirements:

    (a)

    The area used for the Home Occupation shall not exceed 20 percent of the gross floor area of the dwelling unit or 400 square feet, whichever is less, and shall conform to all applicable codes.

    (b)

    No part of the proposed activity or use shall be conducted in an accessory building or structure.

    (c)

    No goods, stock-in-trade or other commodities shall be displayed on the exterior.

    (d)

    No on-premises sales shall occur.

    (e)

    Only bona fide members of the family lawfully occupying the dwelling unit shall be employed in, or work at, the Home Occupation.

    (f)

    The proposed activity shall not create objectionable noise, fumes, odor, dust, vibration, electrical interference or hazardous wastes.

    (g)

    If the garage portion of the dwelling unit or one bay of a two bay garage is committed to Home Occupation use, an additional parking space on the lot shall be provided in order to meet the residential parking requirements.

    (h)

    Signage is limited to a non-illuminated wall sign having no moving parts or flashing lights, does not exceed two square feet and is compatible with the neighborhood architectural character. There shall be no off-site advertising signs.

    C.

    Agricultural—General requirements:

    (1)

    A Home Occupation permit requires the approval of the Growth Services Director on an application form confirming the following requirements:

    (a)

    The Home Occupation may be conducted within the dwelling unit or in an accessory building.

    1.

    Within the dwelling unit, the area used for the Home Occupation shall not exceed 20 percent of the gross floor area of the dwelling unit or 400 square feet, whichever is less, and shall conform to all applicable codes.

    2.

    Within an accessory building, the area used for the Home Occupation shall not exceed 600 square feet and shall conform to all applicable codes.

    (b)

    No goods, stock-in-trade or other commodities shall be displayed on the exterior.

    (c)

    No on-premises sales shall occur.

    (d)

    Only one person, in addition to members of the family lawfully occupying the dwelling unit, may be employed in, or work at, the Home Occupation.

    (e)

    The required number of parking spaces for a dwelling unit shall be maintained if a portion of the garage is used for the Home Occupation plus one space per employee.

    (f)

    Accessory building parking spaces shall be provided in the ratio of one space per 300 square feet of gross floor area or fraction thereof.

    (g)

    Signage. One sign, either single or double faced non-illuminated, not exceeding six square feet in size and not higher than four feet, may be located no closer than five feet to the front tract line of the tract on which the Home Occupation is conducted.

    D.

    Permit revocation. Upon the complaint of the County or any person, the County's Board of Adjustment may revoke a permit authorizing a Home Occupation, after notice to the holder of the permit and public hearing, for noncompliance with or violation of the requirements of this section.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)