City-County Planning Department

Supplementary Requirements

7.22 Home Occupations

When allowed, home occupations shall be subject to the following additional regulations:

A. On residential properties, except those properties covered by the standards of Item B of this Subsection.
1. Only family members residing on the premises and one nonresident employee shall engage in the home occupation.
2. The home occupation shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupation, shall not exceed 25% of the floor area of the livable portion of the dwelling or 400 square feet, whichever is less. Internal alterations or construction modifications not customary in dwellings shall be prohibited. Exterior modifications to the dwelling to accommodate the home occupation shall be prohibited.
3. No accessory buildings or outside storage shall be used in connection with the home occupation.
4. No display of goods, products or services shall be visible off site.
5. Home occupation signs shall be in conformance with Section 12 [Signs allowed without a Permit]. At time of adoption of this amendment (9/02) sign size is limited to one wall sign not exceeding 3 square feet.
6. Traffic and parking associated with the use shall not be detrimental to the neighborhood or create congestion on the street where the home occupation is located.
7. Handmade items, foodstuffs, and crafts made on the premises may be offered for sale.
8. Professional services such as offices of an accountant, architect, beautician, engineer, lawyer, or medical practitioner shall be permitted provided other requirements of home occupations are met
9. No goods, products or commodities bought or secured for the express purpose of resale shall be sold at retail or wholesale on the premises. Catalog and electronic business orders may be received for goods, products or commodities bought or secured for the express purpose of resale at retail and wholesale when the products are received and shipped from the premises to fulfill catalog or electronic business orders.
10. No machinery that causes noises or interference with radio or television reception shall be permitted.
11. No hazardous materials as defined in Section 2, may be manufactured, stored, processed or disposed of on the premises.
12. No equipment or process shall be used in connection with the home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable off-site.
13. Vehicles used primarily as passenger vehicles shall be permitted in connection with the home occupation. Only one commercially licensed vehicle shall be allowed. This vehicle may not exceed 1-ton capacity.
14. Any home occupation use permits that were granted prior to the adoption of this ordinance shall remain valid.
B. On properties zoned Rural District (RD) containing at least 10 contiguous acres receiving a Minor Special Use Permit from the Board of Adjustment, all of the provisions of Item A of this Subsection shall apply except as modified as follows:
1. Only family members residing on the premises and three nonresident employees shall engage in the home occupation.
2. The home occupation shall be clearly incidental to the primary use as a residence. The total square footage devoted to the home occupation, shall not exceed 25% of the floor area of the livable portion of the dwelling or 1,250 square feet, whichever is less. Internal alterations or construction modifications not customary in dwellings shall be prohibited.
3. An accessory building or an accessory dwelling may be used for all or a portion of the floor area of the home occupation but the combined total square footage devoted to the home occupation whether located in the dwelling, an accessory building, an accessory dwelling, or a combination thereof, may not exceed the limits described in Item B.2 of this subsection. The accessory building may not be located closer to the front property line than the closest side of the primary dwelling to the front property line; nor closer to the side property line than the closest side of the dwelling to the side property line or 100 feet, whichever is a lesser distance, and not closer than 75 feet to the rear property line.
4. The Board of Adjustment may deny the minor use permit when the home occupation would be detrimental to adjacent properties or may add any conditions or safeguards to the permit it feels necessary in order to protect the health and welfare of citizens.
5. Any home occupations utilizing the provisions of Section B shall cease operations if the parcel size is reduced to less than 10 acres.

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