For the purposes of this chapter, the following
terms and words are herewith defined as follows:
An occupation, profession, use or activity which:
Is conducted or carried on entirely within a
dwelling or garage, barn or other accessory building located on the
same lot as the said dwelling is situated,
Is conducted or carried on only by a member
or members of the family who permanently reside in such dwelling;
provided, however, that not more than one person who does not permanently
reside in such dwelling may be employed to assist in the conduct of
such home occupation,
Is clearly incidental and secondary to the use
of such dwelling for residential purposes,
If conducted or carried on within a dwelling,
is conducted or carried on within a maximum of 50% of the gross floor
area of such dwelling,
Does not require any special construction or
structural alteration, visible to the general public, of the dwelling,
garage, barn or other accessory building within which the home occupation
is conducted or carried on,
Does not produce, create or allow any visible
exterior evidence of the conduct or carrying on of such home occupation,
other than a home occupation sign as permitted pursuant to § 450-34B(1)
of this chapter,
Does not generate any significant increase in
traffic and does not create any significant demand for off-street
parking,
Has exterior lighting sources designed and located
so as to produce minimal glare on adjacent properties and streets,
Does not create or produce any fire hazard,
safety hazard, water pollution, erosion, increased surface water runoff
onto abutting properties, odors, vibration, or unreasonable noises
which cause public inconvenience, annoyance or alarm.
A.
Each of the following occupations, professions, uses and activities may be approved by the Town Building and Code Inspector and a home occupation permit may be issued therefor, provided that the occupation, profession, use or activity meets and complies with all of the conditions and criteria set forth in the definition of the term home occupation (as defined in § 450-102 of this chapter) and meets and complies with all other applicable provisions of this chapter:
(1)
Accountant's office.
(2)
Artist, sculptress, art studio or art services.
(3)
Appliance repair.
(4)
Appraisal services.
(5)
Architectural services.
(6)
Authors, musicians and composers.
(7)
Baby sitting services, not exceeding three children
at any one time.
(8)
Bait service.
(9)
Barber or beauty services.
(10)
Bed-and-breakfast.
(11)
Carpentry work.
(12)
Catering services.
(13)
Computer consulting or sales.
(14)
Computer programming.
(15)
Consulting services.
(16)
Contracting, masonry, plumbing or painting services.
(17)
Dance instruction.
(18)
Data processing.
(19)
Dental technician with laboratory.
(20)
Dentist's office.
(21)
Direct sale product distribution (such as Amway,
Avon, Jaffra, Tupperware or Herbalife).
(22)
Medical doctor's office.
(23)
Drafting and graphic services.
(24)
Engineering services.
(25)
Financial planning or investment services.
(26)
Flower arranging.
(27)
Food preservation and home cooking for sale.
(28)
Furniture restoration.
(29)
Gardening, landscaping or maintenance services.
(30)
Gift shop.
(31)
Helium balloons services.
(32)
Home crafts (including ceramics with a kiln
not exceeding six cubic feet in size).
(33)
House cleaning services.
(34)
House painting services.
(35)
Insurance sales.
(36)
Interior design.
(37)
Jewelry making or jeweler sales and services.
(38)
Laundry or ironing services.
(39)
Lawyer's office.
(40)
Locksmith services.
(41)
Mail order services (not including retail sales
from the lot).
(42)
Massage parlor.
(43)
Medical or dental office.
(44)
Millinery services.
(45)
Music instruction.
(46)
Notary public services.
(47)
Office of a minister, priest, rabbi or other
member of the clergy.
(48)
Photo developing.
(49)
Photographic studio.
(50)
Preschool or day-care services, not exceeding
three children at any one time.
(51)
Printing service.
(52)
Professional office.
(53)
Real estate sales.
(54)
Sales representative.
(55)
Security services, security systems services
or auto systems services.
(56)
Skin care services products and services such
as Mary Kay.
(57)
Tailoring, dressmaking, and sewing services.
(58)
Tax preparation.
(59)
Teacher's office.
(60)
Telephone answering services.
(61)
Telephone solicitation.
(62)
Television and other electrical repair service.
(63)
Tutoring services.
(64)
Wallpapering services.
(65)
Watch repair services.
(66)
Word processing services.
No person shall conduct or carry on a home occupation
without having first applied for and obtained a home occupation permit
therefor from the Town Building and Code Inspector. No such home occupation
permit shall be issued by the Town Building and Code Inspector where
the proposed home occupation would be in violation of any provision
of this chapter.
The Town Building and Code Inspector shall develop an application form for a home occupation permit and submit same for approval by the Town Board of the Town of Maine. Such form shall contain a provision stating that by applying for the home occupation permit, the applicant expressly authorizes the Town Building and Code Inspector to enter the premises of the applicant, on reasonable notice and in the presence of applicant, to determine whether the premises will be (and, after the home occupation permit has been issued, to determine whether the premises continue to be) in compliance with the provisions of Article XV of this chapter.
A.
If, upon review of an application for a home occupation
permit, the Town Building and Code Inspector determines that the proposed
home occupation is on the Home Occupation Approved List and meets
all of the relevant conditions and criteria set forth in this chapter,
the Town Building and Code Inspector shall proceed to issue a home
occupation permit to the applicant upon payment of the required fee.
B.
Prior to issuing such a home occupation permit, the
Town Building and Code Inspector shall send a written notice to:
C.
Such written notice:
(1)
Shall advise such owners of land(s) that an application
for a home occupation permit has been filed,
(2)
Shall contain details about the application, the location
of the proposed home occupation, and the specific home occupation
for which an application has been filed,
(3)
Shall advise such owners of land(s) that if they have
any comments, concerns or objections relating to such application,
they should respond orally or in writing to the Town Building and
Code Inspector within 10 days from the date such written notice is
mailed by the Town Building and Code Inspector, and
(4)
Shall further advise such owners of land(s) that the
Town Building and Code Inspector will take such comments, concerns
and objections into account but shall not be bound by them as the
application is processed.
If, upon review of an application for a home
occupation permit, the Town Building and Code Inspector determines
that the proposed home occupation is not on the Home Occupation Approved
List, the Town Building and Code Inspector shall advise the applicant
that the proposed home occupation is subject to site plan review and
approval by the Town of Maine Planning Board and that no home occupation
permit can be issued unless and until the Town of Maine Planning Board
approves a site plan for the proposed home occupation.
If, upon review of an application for a home
occupation permit, the Town Building and Code Inspector determines
that the proposed home occupation is not on the Home Occupation Approved
List or does not meet all of the relevant conditions and criteria
set forth in this chapter, he shall refrain from issuing a home occupation
permit.
Any applicant for a home occupation permit whose
application is denied by the Town Building and Code Inspector on the
ground that the proposed home occupation is not on the Home Occupation
Approved List may submit to the Town of Maine Planning Board an application
for site plan review and approval as to the proposed home occupation.
If the Town of Maine Planning Board determines that the proposed home
occupation meets all of the relevant conditions and criteria set forth
in this chapter and if the Town of Maine Planning Board approves the
site plan for the proposed home occupation, the Town Building and
Code Inspector shall issue a home occupation permit for the proposed
home occupation. Any such home occupation permit shall contain, and
be subject to, any conditions imposed by the Town of Maine Planning
Board in the course of approving the site plan therefor. In order
for the Town of Maine Planning Board to approve a site plan for a
proposed home occupation, the Town of Maine Planning Board must find
that proposed home occupation meets all of the relevant conditions
and criteria set forth in this chapter and will not alter the essential
character of the neighborhood or have any adverse effect or impact
on the physical or environmental conditions in the neighborhood.
All applications to the Town of Maine Planning Board for site plan review and approval with reference to a home occupation shall be subject to, and shall comply with, the provisions of Article IX, Site Plan Review, of this chapter.
The fee for a home occupation permit for a home
occupation on the Home Occupation Approved List shall be in the amount
to be set and established from time to time by resolution of the Town
Board of the Town of Maine, except that in the case of an application
which requires site plan review and approval by the Town Planning
Board, the fee for the home occupation permit shall be in the amount
to be set and established from time to time by resolution of the Town
Board of the Town of Maine.
In no event shall any person to whom a home
occupation permit has been issued:
A.
Allow any persons to come to or visit the subject
lot between the hours of 9:00 p.m. and 8:00 a.m. on Mondays, Tuesdays,
Wednesdays, Thursdays, Fridays or Saturdays for any activities related
to the home occupation,
B.
Allow any delivery vehicles to come to or enter upon
the subject lot for any activities related to the home occupation
on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays or Saturdays
except between the hours of 8:00 a.m. and 8:00 p.m.,
C.
Allow any persons to come to or visit the subject
lot on Sundays except between the hours of 12:00 noon and 6:00 p.m.
for any activities related to the home occupation, or
D.
Allow any delivery vehicles to come to or enter upon
the subject lot for any activities related to the home occupation
on any Sunday.
A person to whom a home occupation permit has been issued may (in accordance with the provisions of § 450-67 of this chapter) apply for a permit for one home occupation sign, as authorized by the provisions of § 450-63B(1) of this chapter.
