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.
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.