[Adopted 3-10-2016 by Ord. No. 612]
The regulations relating to the registration of certain home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been performed in the home. This article recognizes that when properly limited and regulated such activities can be performed in a residential structure without changing the character of either the neighborhood or the structure.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them as follows:
HOME OCCUPATION
A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
IMMEDIATE FAMILY
For the purpose of this article, spouse, mother, father, guardian, child, sister, brother, grandparent, grandchild, plus the various combinations of half, step, in-law and adopted relationships that can be derived from those named.
A home occupation, as defined in § 131-33, may be permitted so long as such business conforms to the following standards:
A. 
The home occupation use shall be clearly incidental and subordinate to the use of the premises for residential purposes;
B. 
No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling;
C. 
The home occupation shall be conducted entirely within the principal dwelling unit or within an accessory structure, and in no event shall such use be apparent from any public way. The area used for the home occupations shall not exceed 25% of the gross floor area of the residence;
D. 
There shall be no outdoor operations, storage or display of products, materials, goods, supplies or equipment associated with the home occupation;
E. 
Home occupations shall not be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located;
F. 
Deliveries shall not exceed those normally and reasonably occurring from a residence and shall not exceed more than an average of one truck delivery per day which shall only occur between the hours of 7:00 a.m. and 9:00 p.m., provided that no delivery shall be made via a combination vehicle (for example, a vehicle commonly known as a eighteen-wheeler);
G. 
Home occupations that attract customers or clients to the premises shall not be allowed under this article and must comply with the special exception use of a home occupation in accordance with Town of Elsmere Code Chapter 225 and/or home occupations that attract customers or clients to the premises shall be permitted and exempt from all other parking regulations provided that the frequency and consistency of traffic to and from the site in relation to the home occupation does not interfere with the community's comfort, safety, or enjoyment of the neighborhood around the subject property as a residential area or create a visual or traffic annoyance to persons of normal sensibilities such that a public nuisance is created. High-volume visits and traffic to and from the site during the hours of 8:00 a.m. until 7:00 p.m. is evidence that the home occupation is not indistinguishable from other dwellings and therefore creates a public nuisance in the residential neighborhood;
[Amended 6-9-2016 by Ord. No. 615]
H. 
No one may be employed in the home occupation other than members of the immediate family of the owner or primary person renting the property;
I. 
Home occupations do not include garage sales and yard sales;
J. 
If the property is being used solely as a mailing address for a professional license the owner(s) possesses, and no business is being conducted on the premises and no visitors, phone calls, or advertising is conducted on the premises, no fee will be required.
[Added 6-9-2016 by Ord. No. 615]
No home occupations shall operate within the corporate limits of the Town of Elsmere without first registering the home occupation with the Town and obtaining a home occupation permit by completing the registration form furnished by the Town Manager or his or her designee or such other person as the Council may hereafter designate and paying an annual registration fee in the sum of $50.
A. 
Application shall be made by the legal occupant of the residence. In such case in which application is not made by the legal property owner, the property owner shall submit an affidavit acknowledging the application for a home occupation;
B. 
Permits for a home occupation shall be granted to a designated person who resides at the residential address and are nontransferable from person to person or address to address. The address must be the applicant's primary residence;
C. 
The Town Manager may revoke any home occupation permit for noncompliance with any of the provisions of this chapter or if the property has been deemed a public nuisance. If the permit is revoked, such home occupation use shall be terminated immediately;
D. 
Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this article shall not be construed as an exemption from such regulations. Proof of compliance must be submitted at the time of application;
E. 
All annual home occupation registrations required by this article shall be for the period of November 1 of one year to October 31 of the next ensuing year;
F. 
Whenever a home occupation permit has been issued, the person(s) conducting business at the location shall not need to obtain a business license in order to conduct business at the permitted location.
A. 
Delinquency dates. All registration fees required by this article shall be deemed delinquent if not paid on or before the close of business on the first day of November of each year.
B. 
Penalties. Whenever the permit fee required by this article is not paid on or before the delinquency date, in addition to the permit fee a penalty equal to 50% of the amount of the permit fee shall be imposed and due immediately. Additionally, any permit fee and/or penalty required by this article which remains unpaid at the close of business on the first day of December of each year shall be treated as if the person required to obtain the permit had failed to obtain the licenses and therefore shall be subject to the penalties contained in § 131-36C and D of this article.
C. 
Failure to obtain license.
(1) 
Anyone required to register under this article who conducts business prior to obtaining the required home occupation permit shall be fined not less than $300 nor more than $500 and shall immediately cease and desist from conducting business until he/she has obtained the proper permit.
(2) 
Each day a person continues to conduct or engage in any business, profession, occupation or trade as a home occupation without a valid home occupation permit shall constitute and be a separate offense and punishable as such.
D. 
Criminal penalties. No person shall conduct or engage in any business, profession, occupation or trade as a home occupation as defined by or coming within the provisions of this article, without first obtaining a permit, as required by this article. No person having been permitted and being delinquent in the payment of the permit fee shall continue to conduct or engage in the business, profession, occupation or trade for which he or she may have been licensed without first removing such delinquency. Each day's operation, conducting or engaging in any business, profession, occupation or trade in violation of this article shall constitute and be a separate offense and punishable as such. The individuals composing any firm, partnership or association and each of them, and the president, managing officer and the directors and each or any of them of any corporation violating this article shall, for each and every offense, be deemed guilty of violating this article and shall be punishable as provided herein. Every person violating any provision of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof before a court of competent jurisdiction, besides being liable for the payment of said license fee, together with all penalties, shall forfeit and pay a fine of not less than $300 nor more than $500 for each such offense.
The provisions of this article shall become effective March 31, 2016. All existing home occupations are required to register within 60 days of the effective date of this article. The fee for the first home occupation registration period of March 31, 2016, through October 31, 2016, shall be $25.