City of Twin Oaks, MO Supplemental Regulations in Residential Districts

[Ord. No. 22-20, 8-17-2022]

Purpose. The following requirements for Home-Based Businesses and Home-Based Work are enacted for the purpose of protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation, or traffic control, solid or hazardous waste, pollution, and noise control; ensuring that the business activity is compliant with City, State, and Federal law; and confirming that the business is paying applicable taxes.

Definitions. As used in this Chapter the following terms shall have the meanings indicated:

GOODS or SERVICES

Any merchandise, equipment, products, supplies, or materials or any labor performed in the interest or under the direction of others; specifically, the performance of some useful act or series of acts for the benefit of another, usually for a fee. Goods or services does not include real property or any interests therein.

HOME-BASED BUSINESS

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.

HOME-BASED WORK

Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

HOME OCCUPATION

A No Impact Home-Based Business.

NO IMPACT HOME-BASED BUSINESS

Any Home-Based Business or Home-Based Work where:

The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and

The activities of the business:

(1)

Are limited to the sale of lawful goods and services;

(2)

May involve having more than one (1) client on the property at one (1) time;

(3)

Do not cause a substantial increase in traffic through the residential area;

(4)

Do not violate the Residential Parking Requirements set forth in Section 400.390;

(5)

Occur inside the residential dwelling or in the yard of the residential dwelling;

(6)

Are not visible from the street; and

(7)

Do not violate the narrowly tailored regulations in Subsection (C), below.

Regulations To Safeguard The Residential Character Of The Dwelling And/Or Surrounding Neighborhood. To preserve the residential character of the residential building and protect against adverse effects on the character of the surrounding neighborhood, a Home Occupation may operate in the "A" or "B" Residence Districts, provided the Home Occupation:

Is:

Clearly incidental and secondary to the primary residential use of the dwelling unit; and

Does not occupy more than forty-nine percent (49%) of the floor area of the dwelling; and

Does not change the residential character of the residential building by altering or modifying the exterior of the dwelling so as to indicate the presence of a Home Occupation; and

Is operated such that the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and

Pays all applicable taxes and otherwise operates in compliance with applicable City, State, and Federal law; and

Is operated by a resident or residents of the dwelling unit; and

Does not adversely affect the character of the surrounding neighborhood by allowing or causing, for example: commercial or delivery vehicles used in connection with the Home Occupation are parked at or stored on the dwelling or visit the premises with a frequency of more than one (1) visit per day; a steady or concentrated visitation of clients to the dwelling; a substantial increase in traffic or on-street parking through the residential area; storage or the use of equipment that produces negative effects outside the home or accessory structure; or similar adverse impacts.

Home Occupations do not require a license nor any fee, but within sixty (60) days of establishing a Home Occupation the resident is asked to supply the City with:

A copy of their business's Missouri Tax I.D. number and, for Home Occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.), and

A written description of the Home Occupation, the percentage of the dwelling to be occupied by the Home Occupation, and the number of employees to be working at the Home Occupation who are not residents of the home.

At the same time, to help ensure the proposed Home Occupation complies with the requirements of this Subsection, the City shall supply the resident with a copy of this Subsection or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the Home Occupation complies with the foregoing requirements. Any change in the amount of floor area occupied by the Home Occupation as detailed in the original description, number of employees, or the type of Home Occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.

Nothing in this Section 400.270 shall be deemed to:

Prohibit mail order or telephone sales for Home Occupations;

Prohibit service by appointment within the home or accessory structure;

Prohibit or require structural modifications to the home or accessory structure;

Restrict the hours of operation for Home Occupations;

Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure; or

Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.