§ 9.7. Home occupation.  


Latest version.
  • 9.7.1

    Residential Home Occupation. The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to: ensure the compatibility of home occupations with other uses permitted in the applicable districts; maintain and preserve the character of residential neighborhoods; and provide peace, quiet, and domestic tranquility within all residential neighborhoods within the district, in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effect of commercial uses being conducted in this district. Residential home occupations, where permitted, must meet the following special requirements:

    9.7.1.1

    A home occupation is subordinate to the use of a dwelling unit for residential purposes.

    9.7.1.2

    No more than one (1) home occupation shall be permitted within a single dwelling unit.

    9.7.1.3

    No more than 3 persons shall be employed in the conduct of a home occupation.

    9.7.1.4

    A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure.

    9.7.1.5

    A home occupation which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances is not be permitted.

    9.7.1.6

    No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off-street and other than in a front yard.

    9.7.1.7

    On the premises, retail sales are prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

    9.7.1.8

    There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

    9.7.1.9

    No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home. No business vehicles larger than a van, panel truck, or pick-up truck is permitted to park overnight on the premises. The number of business related vehicles is limited to 1.

    9.7.1.10

    Permitted residential home occupations:

    1.

    Architectural services.

    2.

    Art Studio (including photography).

    3.

    Consulting Services.

    4.

    Data Processing.

    5.

    Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, and Herbalife).

    6.

    Drafting and graphic services.

    7.

    Dressmaking, sewing, tailoring, contract sewing.

    8.

    Electronic assembly.

    9.

    Engineering service.

    10.

    Financial planning or investment services.

    11.

    Flower arranging.

    12.

    House cleaning service.

    13.

    Insurance sales or broker.

    14.

    Interior design.

    15.

    Locksmith.

    16.

    Real estate sales or broker.

    17.

    Tutoring.

    18.

    Writing, computer programming.

    19.

    Carpentry, cabinet makers.

    20.

    Contracting, masonry, electrical, plumbing or painting.

    21.

    Landscape or lawn maintenance

    22.

    Other similar uses as approved by the Board of Commissioners, upon recommendation by the Planning and Zoning Commission.

    9.7.1.11

    Prohibited residential home occupations:

    1.

    Ambulance service.

    2.

    Appliance repair.

    3.

    Automobile or boat repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home).

    4.

    Boarding house.

    5.

    Medical or dental office (nor any practice of physical or medical application, including chiropractors).

    6.

    Restaurants, food preparation.

    7.

    Tow truck services.

    8.

    Veterinary uses (including care, grooming or boarding).

    9.7.2

    Rural Home Occupation. Rural home occupations in the agricultural districts may be permitted under the provisions of this section. It is the intent of this section to ensure the compatibility of rural home occupations with other uses permitted in the applicable districts; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard.

    The purpose of rural home occupations are to provide a means for residents in the larger lot agricultural districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for the home occupation.

    Rural home occupations, where permitted, must meet the following special requirements:

    9.7.2.1

    The minimum lot size is five (5) acres. For lots less than five (5) acres, the home occupation is limited to the provision of § 9.7.1.10.

    9.7.2.2

    The rural home occupation must be clearly subordinate to the principal use of the parcel for dwelling and agricultural purposes and must not change the residential and agricultural character of the area.

    9.7.2.3

    The rural home occupation may be conducted within a dwelling or within an accessory building provided that all structures used are harmonious in appearance with the zoning district where the rural home occupation will locate.

    9.7.2.4

    One accessory building not exceeding the ground floor living area of the principal dwelling may be used in connection with the home occupation.

    9.7.2.5

    Unless otherwise determined by the Board of Commissioners, no sales of products or service not produced on the premises is permitted.

    9.7.2.6

    The existence of the rural home occupation must not be apparent outside the dwelling or accessory building in which the rural home occupation is conducted, except that one (1) display sign limited to 9 sq. ft. of sign area is permitted. The display sign added to all other signs on the parcel shall not exceed the maximum signage allowed in the district.

    9.7.2.7

    No outside storage of equipment or materials used in the conduct of the rural home occupation, other than trade vehicles, is permitted.

    9.7.2.8

    The rural home occupation is limited to employment of not more than three persons on the property.

    9.7.2.9

    No additional points of access to any street shall be permitted, unless necessary to provide safe and proper access to the proposed use.

    9.7.2.10

    The use has not been found likely to become a nuisance by reason of odor, dust, smoke, gas, vibrations, or may impose a hazard to health or property.

    9.7.2.11

    Modifications from the above requirements may be approved by the Board of Commissioners, upon recommendation by the Planning Commission, in individual cases if the modification is in accordance with the intent of the District.

    9.7.2.12

    Additional requirements or conditions may be added as deemed necessary to insure that the rural home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the county or in any way adversely affects the character of the area.

    9.7.2.13

    Permitted home occupations:

    1.

    All occupations permitted in the § 9.7.1.10.

    2.

    Appliance repair.

    3.

    Barber shops (limited to a one barber operation).

    4.

    Veterinary service other than boarding.

    5.

    Ceramics.

    6.

    Land clearing and grubbing

    7.

    House painter.

    8.

    Upholstery.

    9.

    Produce Stand.

    10.

    Taxidermy

    11.

    Other similar uses as approved by the Board of Commissioners, upon recommendation by the Planning and Zoning Board.

    9.7.2.14

    Expiration of Permit. A permit for home occupation shall expire under the following conditions:

    1.

    Whenever the applicant ceases to occupy the premises for which the home occupation was issued, no subsequent occupant of such premises shall engage in any home occupation until he/she shall has been issued a new permit after proper application.

    2.

    Whenever the holder of such a permit discontinues the home occupation for a period of six (6) consecutive months.