Home Occupations-Based Businesses The following proposes to maintain most of the current language for the majority of the City with some ‘tweaks’ for clarification. Based on comments from some Old Town residents, a Section 5.03.020.F has been proposed as an add on option that would require a Special Use Permit in Old Town for businesses that have customers to the site. Black indicates existing text, red indicates proposed text, gray indicates deleted text, and teal indicates editor notes. Please keep in mind this reflects each of the proposals from the group and all options will be presented to P&Z and Council and they will make the final decisions. 5.03.020.E. Home Occupation-Based Business Home Occupations–Based Businesses are permitted in accordance with Table 5.02.010 and subject to the following standards and limitations below. 1. General a. A Home Occupation–Based Business is that accessory use of a dwelling premise that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. b. The Home Occupation-Based Business shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or neighborhood or adversely affect the uses permitted in the District of which it is a part. c. Land uses that are addressed individually in the Use Chart of this Chapter are not considered a home-based business for purposes of this Section. Examples of those uses are: Group Homes, Family Day Cares, Bed and Breakfast and Garage Sales. 2. Home Occupation -Based Business Types Home Occupations-Based Businesses are permitted subject to the occupation business meeting the following provisions. These provisions are applicable to on-site activities related to the Home-Based Business and are intended to be considered in relation to the broad operation of the business. a. The home-based business shall be conducted entirely within a dwelling or accessory structure, or integral part thereof, and have no outside storage of any kind related to the home occupation business; b. The home-based business shall be clearly incidental and secondary to the principal use of the dwelling premise; c. The home-based business shall be conducted only by persons residing on the premises (nonresident employees are not permitted); d. The home-based business shall Does not affect the residential character of the dwelling or accessory structures nor cause the dwelling or accessory structures to be extended; Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 1 of 7 Option 1 e. One non-illuminated identification sign is permitted provided the sign is mounted (existing): flat on the exterior wall of the dwelling and has an area no greater than two (2) square feet; Option 2: e. No signage shall be allowed in connection with the Home-Based Business; f. Deliveries by commercial vehicle occur only between are limited to the hours of 8 a.m. and to 6 p.m.; however, deliveries by a regular carrier such as USPS, UPS, and FedEx may be delivered during their typical hours; g. The home-based business shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problem; Option 1 h. The home occupation based business shall not result in the off-street or on-street (existing): parking of more than two (2) vehicles at any one time not owned by members of the occupant family; Option 2: h. Any on-street parking utilized by the business shall only be allowed along the property line of the home-based business residence and as allowed by current City code; Option 3: h. On-street parking utilized by the business shall only be allowed along the property line of the home-based business residence and as allowed by current City code. Off- street parking is limited to existing paved areas and the business shall not result in the increase of on-site parking areas; Option 1 (existing): i. The home-based business shall involve no on-site retail sales or services; Option 2: i. The home-based business shall involve no on-site retail sales or services. However, if the activity is kept at a small scale (meaning generally one or two people conducting the business or meeting with clients) and the business remains compliant with the limitations of this Chapter, the following shall not be considered services: i. individual academic, music, dance, photography, art, hobby or similar instruction or studio, ii. seamstress or tailor, iii. barber or beauty salon (one (1) chair), iv. financial/investment counseling, accounting, bookkeeping, real estate office, or similar office, v. individual massage, natural therapy or similar services, vi. counseling in an office setting, and Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 2 of 7 vii. other similar low impact uses as determined by the Director; j. The home-based business shall not have a retail store-front. Retail sales are limited to: i. incidental sales of merchandise related to a service provided by the home-based business, ii. direct sales product distribution (Amway, Tupperware, Avon, etc.), iii. sales via phone, internet or mail, and iv. custom products created by the business; j. The business shall be conducted by appointment or prearrangement only with no drop-in customers of any kind allowed; and k. There shall be a clearly visible street address posted or displayed on the premises. 5.03.020.F Option 1: Apply only to Old Town Overlay and apply Section 5.03.020.E to the balance of the city 5.03.020.F Option 2: If 5.03.020.F is approved, apply to entire city 5.03.020.F. Home-Based Businesses in the Old Town Overlay District Home-Based Businesses located in the Old Town Overlay District are permitted in accordance with Table 5.02.010 and subject to the business meeting the provisions, standards and limitations below. 1. Use Limitations. Following businesses, occupations or activities are specifically prohibited: a. Retail, wholesale or warehouse activities. No retail sales shall occur on the premises. b. Vehicle repair, servicing, painting, detailing or towing if vehicle is dispatched from premise or brought to premise or stored or parked in area. c. Engine or similar repair shop. d. Kennel or veterinary or animal grooming services. e. Repair of large appliances. f. Medical or dental services or offices. g. Tanning or nail salons. h. Barber or beauty salons. i. Welding or machining activities. j. Large scale carpentry, cabinet making or upholstery services. k. Any other use that is not incidental to and/or compatible with residential activities. 2. All Home-Based Business in the Old Town Overlay District shall meet all of the following standards and provisions: Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 3 of 7 a. The business activity shall be incidental and secondary to the principal residential use of property. b. The business activity shall be conducted entirely within a dwelling or an existing enclosed accessory structure. No outdoor storage of any kind related to the home- based business shall be allowed. c. An area no larger than twenty-five (25%) percent of the total first floor area of the dwelling unit or a maximum of 500 square feet maybe used in connection with a home-based business. The home-based business shall not require internal or external alterations or construction features or installation of equipment or machinery not customary to a residential dwelling. d. No alteration of the residential appearance of the premises or extension of the premises to accommodate the home-based business is allowed. e. Only residents of the dwelling shall be employed in the home-based business. Non- resident employees shall not be permitted. f. There shall be no signs permitted, no evidence on the exterior of any structure or anything visible from the exterior of the premises that indicates a home-based business exists on the property. g. There shall be no advertising of the address of the home-based business that results in attracting persons to the premises. h. Deliveries by commercial vehicle shall occur only between the hours of 8 a.m. and 7 p.m. and exclusive of tractor trailers and other large heavy commercial vehicles. However, deliveries by a regular carrier such as USPS, UPS, and FedEx may be during their typical hours. i. No equipment or process shall be used which creates detectable noise, vibration, smoke, dust, odors, fumes, heat, glare, electro-magnetic field, electrical or radio or television interference beyond the property boundaries. j. The business shall not operate at such hours or in such a manner as to disturb neighbors or alter the residential character of the premises. k. No hazardous materials other than those commonly found within a residence shall be used or stored on the site. Such materials and equipment shall be limited to quantities that do not constitute a fire, health or safety hazard. l. The business does not involve the use or storage of heavy vehicles or equipment at levels that exceed those permitted by the zoning district or City codes. m. No generation of solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood. 3. Class I and Class II Home-Based Business Standards a. Class I: All Class I home-based businesses shall meet the criteria noted in paragraph 2 above and shall not be open to any customers or clients for business purposes on premises. b. Class II: All Class II home-based businesses shall meet the criteria noted above in paragraph 2 and are allowed to have clients, customers or students on-premise for business purposes subject to the following limitations: Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 4 of 7 i. The business shall be conducted by appointment or prearrangement only with no drop-in customers of any kind allowed. ii. Shall not generate off-street or on-street parking of more than two (2) vehicles at any one time that are not owned by the resident or family members. No parking spaces shall be added to the premises for the home- based business. iii. Limited to a maximum of two (2) students at a time for tutoring or individual instruction, including the number of persons waiting on the property to receive instruction. iv. Limited to a maximum of three (3) clients or customers at any one time. v. Shall not generate more than ten (10) ADT per day of customer related vehicular traffic. vi. Shall not be open to customers, clients or students earlier than 8:00 a.m. nor later than 9:00p.m. vii. There shall be a clearly visible street address posted or displayed on the premises. viii. The City Council may add additional conditions. 4. Special Use Permit Required: Prior to the establishment of a new Class II home- based business a Special Use Permit, pursuant to Section 3.07, shall be required. If a tenant makes the application they must do so with the authority of the property owner. The following information shall be included in the application: a. A complete description of the proposed business operation and activities and how it meets the minimum standards set forth above and including the amount and location of floor space occupied by the business; b. Provisions for storage of materials, if applicable; c. Number and type of vehicles used by the business, if applicable; d. Days and hours of operation; e. Average and maximum number of customers, clients or students per day and per week; f. Average and maximum number of deliveries per day and per week; and g. Availability of on-street and 0ff-street parking. 5. Inspections Permitted. As part of the Special Use Permit process, the premises to be used for a home business may be inspected by the Department prior to any approval or registration of a home business. Home-based businesses applicants shall allow a reasonable inspection of the premises by the Director or designee to determine compliance with this Section. 6. Special Use Permits Limited. Special Use Permits for Home-Based Businesses are limited as follows: a. Special Use Permits for Home-Based Businesses shall be granted to the owner or tenant who resides at the residential address. Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 5 of 7 b. Special Use Permits for home businesses are not transferable from person to person or from address to address and shall only apply to the individual identified in Subsection i above, except as noted in Subsection iii below. c. Should a home business permit holder move to a new location, the existing Special Use Permit shall be automatically terminated, except that, in the case of death, disability or divorce, the surviving or former spouse or child residing at the same address may continue the permit upon written notice to and written acknowledgement from the Department. 7. Existing Home-Based Businesses. a. A home-based business in existence prior to (effective date of ordinance) shall be required to be registered with the Planning and Development Department no later than December 31, 2010 to demonstrate compliance with this ordinance or to provide proof that it was a legally non-conforming home-based business that met the prior Code requirements. If it does not meet the qualifications to be a home-based business the business operation at the residential premise shall cease. However, the business owner may make an application for a Special Use Permit if they believe that their business meets the intent of with these provisions. b. Failure to Register. Failure to register as required in Subsection 3.b above shall be deemed abandonment of any legal nonconforming or grandfathered right to operate a home-based business regardless of actual intent. Thereafter, that home-based business will be required to obtain a Special Use Permit and treated as though it were a new home-based business. 8. Home-Based Business Enforcement If Code Enforcement receives a complaint regarding a home-based business, it shall be the responsibility of the operator of the business to demonstrate compliance with the above stated limitations and this Code. 9. Code Compliance Home-based businesses shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this Section shall not be construed as an exemption from such regulations. Applicant’s should confirm that their homeowners association and/or property owner permit home businesses, as the City may not be aware of these restrictions and does not enforce these private agreements. Section 16.02 Definitions ADT (Average daily trips). The average number of vehicles or pedestrians passing a specific point in a 24 hour period; normally measured throughout a year. ADT is the standard measurement for vehicle traffic load on a section of road, and the basis for most decisions regarding transportation planning. Home-Based Business. An occupation or business activity which results in a product or service for financial gain and is conducted in whole or part in the dwelling unit or accessory building and is clearly an accessory or incidental use and subordinate to the residential use of the dwelling unit. Telecommuting from a persons’ regular place of employment is not a home- Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 6 of 7 based business. Home-based business may also be called home occupations. Home-based businesses exclude uses that are otherwise addressed in Chapter 5, such as Bed and Breakfasts. Home Occupation. An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, and which is clearly incidental and secondary to the use of the premises for residential purposes, pursuant to Section 5.02.020 of this Code. Telecommuting. A work arrangement in which employees enjoy flexibility in working location, where the daily commute to a central place of work is replaced by telecommunication links that may be from home or other location off-site from the primary work location. Draft Date: 11/14/2010 Last printed 11/14/2010 8:56:00 PM Page 7 of 7
"Home Based Web Business"