[Ord. No. 2302 §4, 2-8-1999]
The City's residential zoning districts (Estate, Suburban Estate, Suburban Medium, and Suburban Low) are intended to protect and preserve the residential character of the City. In order to promote peace, quiet, and freedom from excessive noise, increased traffic, nuisance, fire hazard, hazardous materials and other possible adverse effects of commercial uses being conducted in the City's residential zoning districts, all home occupations must comply with the criteria in the Use Limitations. (See Title IV, Section 405.365, Section 405.465, and Section 405.080)
[Ord. No. 2302 §4, 2-8-1999]
As used in this Article the following terms shall have these
prescribed meanings:
A room or group of rooms, providing or intended to provide
living quarters for not more than one (1) family.
One (1) or more persons related by blood, marriage, adoption
or guardianship, or not more than three (3) persons not so related,
occupying a dwelling unit and living as a single housekeeping unit.
An accessory use, including any business, commercial activity,
or service for a financial consideration, conducted by members of
the family residing on the premises of the dwelling unit.
See Section 605.020 Definitions.
[Ord. No. 2302 §4, 2-8-1999]
A.
In addition
to any other use limitations applicable to the district in which the
home occupation is located, no home occupation shall be permitted
in a dwelling unit or accessory building unless it complies with the
following criteria:
1.
The
home occupation use shall be clearly incidental and secondary to the
use of the dwelling and accessory buildings and shall not change the
character of the dwelling or accessory buildings.
2.
No more
than seven hundred fifty (750) square feet of the gross floor area
of the dwelling unit (excluding basement or cellar) may be used in
association with any home occupation.
3.
There
shall be no indication from the exteriors of the dwelling unit or
accessory buildings that the unit or buildings are being used for
any purpose other than a dwelling or accessory building.
4.
Each
home occupation conducted at a dwelling unit or accessory building
may have a maximum of the equivalent of one (1) full-time employee
on site who is not a family member.
5.
Except
for certain occupations involving the sale of products through occasional
home parties or gatherings (such as for, but not necessarily limited
to, kitchen ware or cosmetics or for the sales of salesperson's samples),
only goods or commodities that are manufactured or created in the
dwelling may be sold, provided, or displayed on the premises as a
part of the home occupation. Alterations or corrections made on the
premises to items sold at a related business location, if the home
occupation is an adjunct use, shall be permitted. Party-based sales
occupations as referenced hereinabove are otherwise included within
and subject to this Article. Party-based sales events and sales of
salesperson's samples shall be limited to one (1) per any calendar
year.
6.
There
shall be no exterior storage of equipment or material used in the
home occupation, unless stored within an enclosed garage or other
accessory building that meets City standards and gives no exterior
appearance of being for any use other than residential.
7.
Except
for certain occupations involving the sale of products through occasional
home parties or gatherings as referenced in subparagraph (5) above,
services or products shall not be offered to the general public at
the dwelling or accessory buildings.
8.
Normal
word of mouth or business card advertising shall not be considered
offers to the general public.
9.
General
directory listing or media advertising or signs of any kind using
the home address for the home occupation shall not be permitted.
10.
Mechanical
equipment or any processes that would create offensive noise, vibration,
smoke, dust, fumes, odor, heat, or glare, detectable to the normal
senses beyond the premises, or that would create electrical emissions
interfering with the operation of electronic equipment beyond the
premises, shall not be permitted.
11.
A
commercial vehicle may be parked on private property of a home occupation
only while services are being provided or goods are being picked up
or delivered. Commercial deliveries and pickups shall be limited to
one (1) per day.
12.
Commercial
vehicles owned, leased, utilized or in the custody of the occupant
of the premises of the home occupation shall be enclosed in a garage.
13.
Storage
of hazardous materials other than those normally used for purely domestic,
household, or business office purposes shall not be permitted.
14.
The
home occupation use shall not create additional noise, traffic, or
other possible adverse effects of commercial uses being conducted
in residential areas on or near the premises that are not normal for
residential use.
15.
The
home occupation use shall not create a nuisance to neighbors.
16.
Accessory
buildings may be used for home occupation activities.
17.
If
the home occupation employs persons who work at locations other than
the dwelling unit, the location of the dwelling unit may not be used
as an assembly or meeting point for the employees who work at other
sites.
[Ord. No. 2302 §4, 2-8-1999]
A.
Permitted
home occupations shall not in any event be deemed to include:
1.
Dancing
schools.
2.
Funeral
homes.
3.
Nursery
schools and child or adult daycare centers, for greater than three
(3) persons.
4.
Restaurants
or other food or beverage services.
5.
Kennels,
animal hospitals, veterinary services or commercial stables of any
kind.
6.
Medical
or dental offices or clinics.
7.
Tourist
home, bed and breakfast, or rooming house.
8.
Metal
or motor vehicle repair or service.
9.
Firearms
or weapons sales.
10.
Motor
vehicle repair or service.
11.
Massage
services.
[Ord. No. 2302 §4, 2-8-1999]
A.
The following
home occupations also do not require a license:
1.
Incidental
business activities of a member of a family residing at the premises
of a dwelling unit who has a primary place of business in another
location not in a dwelling unit in the City of Town and Country. Such
incidental activities are phone calls, paper work, research, study,
and the occasional contact with clients or customers.
B.
Prohibited
home occupations are not limited to those listed in this Section.
The City of Town and Country reserves the right to review homeowners'
compliance with this Article, and may prohibit other proposed home
occupations in its discretion in keeping with the intent and provisions
of this Article and the interests of the City of Town and Country
and its inhabitants.
