All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable:
A.
The minimum lot size in the Shoreland Development Overlay District shall be the minimum size required in the underlying zoning district of Part 1, Zoning.
B.
The minimum lot size in the Stream Protection and Resource Protection Districts shall be three acres.
C.
The minimum shore frontage in all districts within the Shoreland Zone shall be as follows:
D.
Land below the normal high-water line of Sebago Lake or upland edge of a wetland, and land beneath roads serving more than two lots, shall not be included toward calculating minimum lot area.
E.
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
F.
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of Sebago Lake or upland edge of a wetland shall be equal to or greater than the shore frontage requirements for a lot with the proposed use.
G.
If more than one residential dwelling unit or more than one principal commercial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure.
H.
Clustered housing is permitted within the Shoreland Zone, provided that the overall dimensional requirements, including frontage and lot area per dwelling unit, are met. When determining whether dimensional requirements are met, only land area within the Shoreland Zone shall be considered.
A.
All new principal and accessory structures shall have a shore setback of at least 100 feet, horizontal distance, from the normal high-water line of Sebago Lake, and 75 feet from the normal high-water line of tributary streams or the upland edge of a wetland.
(1)
Shore setbacks from Sebago Lake or wetlands shall not take into account the reductions in shore setback resulting from stairways.
(2)
In addition, the Sebago Lake or wetland shore setback provision shall apply neither to structures which require direct access to the water as an operational necessity, such as piers, docks, retaining walls, and dams, nor to other functionally water-dependent uses.
B.
Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection and Stream Protection Districts shall not exceed 35 feet in height.
C.
The first-floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the one-hundred-year flood or the flood of record, or at least as high as required under Part 4, Floodplain Management. In the absence of the elevations of the one-hundred-year flood or the flood of record, soil types identified as recent floodplain soils shall be used to determine flood elevation for the purposes of this subsection. See definition of "recent floodplain soils" in Article V.
D.
The total area of all structures, parking lots and other nonvegetated surfaces, excluding natural beaches, above the normal high-water line within the Shoreland Zone shall not exceed 20% of the lot or a portion thereof located within the Shoreland Zone, including land area previously developed.
E.
Notwithstanding the requirements stated above, stairways or similar structures may be allowed, with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that all of the following conditions apply:
(1)
The structure is limited to a maximum of four feet in width.
(2)
The structure does not extend below or over the normal high-water line of Sebago Lake or upland edge of a wetland, unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(3)
The applicant demonstrates that no reasonable access alternative exists on the property.
F.
Cluster development permitted under Part 1, Zoning, § 10-1.13, may be permitted in the Shoreland Zone, provided that any reduced lot dimensions allowed are confined to areas of the development outside the Shoreland Zone. Under no circumstance shall the minimum lot sizes in § 10-3.16, Subsection A, be reduced within the Shoreland Zone.
For piers, docks, wharves, bridges, and other structures and uses extending over or beyond the normal high- water line of Sebago Lake or within a wetland, all of the following standards apply:
A.
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
B.
The location shall not interfere with existing developed or natural beach areas.
C.
The facility shall be located so as to minimize adverse effects on fisheries.
D.
The facility shall be no larger in dimension than necessary to carry out the activity and be consistent with the existing conditions, use, and character of the area.
E.
No new structure shall be built on, over, or abutting a pier, wharf, dock, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland unless the structure requires direct access to the water as an operational necessity.
F.
No existing structures built on, over, or abutting a pier, dock, wharf, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland shall be converted to residential dwelling units in any district.
G.
Except in the Shoreland Development Overlay District where the underlying zoning district is the Water-Oriented Commercial District, structures built on, over, or abutting a pier, wharf, dock, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock, or other structure.
H.
Permanent structures projecting into or over Sebago Lake shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock or other structure is not feasible, and unless a permit has been obtained from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
[Amended 10-9-2010 TM by Art. 11]
[Amended 10-9-2010 TM by Art. 11; 8-31-2019]
Campsites and camping are prohibited, except for temporary campsites, which are permitted as follows:
A.
Temporary placement of tents or recreational vehicles for camping by children or family members is permitted for no more than seven consecutive days, in conjunction with legal occupation of a permanent dwelling located on the same property.
B.
Individual private campsites are permitted during the period of construction of a permanent dwelling under a valid building permit, with one campsite permitted per building lot.
(1)
Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet from the normal high-water line of Sebago Lake, and 75 feet from the normal high-water of tributary streams or the upland edge of a wetland.
(2)
Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation, except for a gravel pad, and no structure(s), except canopies, shall be attached to the recreational vehicles.
(3)
The clearing of vegetation for the siting of the recreational vehicle, tent, or similar shelter shall be limited to 1,000 square feet, and shall be subject to all restrictions on cutting and clearing of vegetation contained in this Part 3.
(4)
A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Evidence of improper disposal of sewage may result in revocation of the building permit.
(5)
When a recreational vehicle, tent, or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules.
C.
No commercial campsites are allowed.
A.
The following new uses are prohibited within the Shoreland Zone:
Airports |
Animal husbandry |
Auto or other vehicle service and/or repair operations, including body shops |
Auto repair garages |
Auto service stations |
Auto washing facilities |
Campgrounds |
Cemeteries |
Chemical and bacteriological laboratories |
Commercial painting, wood preserving, and furniture stripping |
Commercial wood processing |
Dry-cleaning establishments |
Electronic circuit assembly |
Funeral homes |
Golf courses |
Junkyards |
Laundromats, unless connected to a sanitary sewer |
Metal plating, finishing, or polishing |
Mineral extraction |
Mobile home parks |
Motor vehicle sales |
Petroleum or petroleum products storage and/or sale, except storage on same property as use occurs and except for storage and sales associated with marinas |
Photographic processing |
Printing |
Public and private utilities |
Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with use by individual households or farms |
Timber harvesting |
B.
A use not contained in the above list is, nevertheless, not permitted in a Shoreland District unless it is stated as a permitted use for that district in Table 3.14-1, Land Uses in the Shoreland Zone.
A.
Parking areas shall meet the shoreline shore setback requirements for structures for the district in which such areas are located, with the following exceptions:
(1)
In the Shoreland Development Overlay District when the underlying zoning district is a Water-Oriented Commercial District, parking areas shall be set back at least 25 feet from the normal high-water line or the upland edge of a wetland.
(2)
In the Shoreland Development Overlay District when the underlying zoning district is not a Water-Oriented Commercial District, the shore setback requirement for parking areas serving public boat-launching facilities may be reduced to no less than 50 feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.
B.
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into Sebago Lake and, where feasible, to retain all runoff on-site.
C.
In determining the appropriate size of proposed parking facilities, the following shall apply:
The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts, and other related features.
A.
Roads and driveways shall be set back at least 100 feet from the normal highwater line of Sebago Lake, and 75 feet from the normal high-water line of tributary streams or the upland edge of a wetland unless no reasonable alternative exists, as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway shore setback requirement to no less than 50 feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of Sebago Lake. Such techniques may include but are not limited to the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of Sebago Lake, tributary stream, or wetland. On slopes of greater than 20%, the road and/or driveway shore setback shall be increased by 10 feet for each 5% increase in slope above 20%.
B.
Existing public roads may be expanded within the legal road right-of-way regardless of its shore setback from Sebago Lake.
C.
New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district. In such a situation, the road and/or driveway shall be set back as far as practicable from the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland.
D.
Road banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 10-3.29.
E.
Road grades shall be no greater than 10%, except for short segments of less than 200 feet.
F.
In order to prevent road surface drainage from directly entering Sebago Lake, roads shall be designed, constructed, and maintained to empty onto an unscarified buffer strip with a width of at least 50 feet plus two times the average slope between the outflow point of the ditch or culvert and the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland. Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
G.
Ditch relief (cross-drainage) culverts, drainage dips, and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
(1)
Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
Road Grade (percent) | Spacing (feet) |
|---|---|
0 to 2 | 250 |
3 to 5 | 200 to 135 |
6 to 10 | 100 to 80 |
11 to 15 | 80 to 60 |
16 to 20 | 60 to 45 |
21+ | 40 |
(2)
Drainage dips may be used in place of ditch relief culverts only where the road grade is 10% or less.
(3)
On road sections having slopes greater than 10%, ditch relief culverts shall be placed across the road at approximately a 30° angle downslope from a line perpendicular to the center line of the road.
(4)
Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
H.
Ditches, culverts, bridges, dips, water turnouts, and other stormwater runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
[Amended 8-31-2019]
Signs are specifically prohibited except as herein provided.
A.
Materials and maintenance. All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.
B.
Residential identification signs. In any district, a sign not exceeding four square feet in surface is permitted without a permit which announces the 911 designation number and/or the name of the street, owner, occupant, and/or house on which said sign is located. A sign that also announces the profession or home occupation of the occupant is also permitted but requires a permit as specified in Subsection E.
C.
Bulletin boards. A bulletin board not exceeding 24 square feet is permitted in connection with any public structure.
D.
Portable signs. Portable signs are permitted in the Water-Oriented Commercial District only, on a temporary basis, and with approval by the Town Manager of purpose, size, location and duration of placement.
E.
Temporary real estate signs.
(1)
Any display related to real estate for sale is limited to one 9-1/2-inch by thirteen-inch box suitable to contain letter-size information sheets related to the property for sale, except as follows:
(a)
A temporary sign identifying a property for which a scheduled "open house" marketing event is being conducted may be placed within the boundaries of the property for a period not to exceed 24 hours before the event, and must be removed immediately after the event.
(2)
Any sign or display related to the sale of real estate must be placed within the boundaries of the subject property.
(3)
All other signs or displays related to the sale of real estate are prohibited.
G.
Signs in disrepair. Any sign which is or becomes in disrepair shall be removed upon order of the municipal officers if not repaired after 30 days' written notice. Any new sign must conform to all regulations.
H.
Business signs. No permanent, fixed, business signs shall be permitted at any residential property.
I.
Signs related to trespassing and hunting shall be permitted on one's own property without restriction, except as provided under applicable state laws governing the posting of property, provided that no such sign shall exceed two square feet in area.
J.
Municipal signs and signs relating to public safety shall be permitted, consistent with this section.
K.
No sign shall extend higher than eight feet above the ground.
L.
Signs may be illuminated only by shielded, nonflashing lights.
A.
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural pre-development conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces, and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwater.
B.
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
A.
All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules ("rules") and the following:
[Amended 10-9-2010 TM by Art. 11]
(1)
Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 75 feet, horizontal distance, to the normal high-water line of a water body or the upland edge of a wetland; and
(2)
A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
B.
The minimum shore setback for new subsurface sewage disposal systems shall be no less than 100 horizontal feet from the normal high-water line of Sebago Lake. The minimum shore setback distances for new subsurface sewage disposal systems shall not be reduced by variance.
A.
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
B.
The installation of essential services is not permitted in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
C.
Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
[Added 10-9-2010 TM by Art. 11]
A.
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines, published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Act (7 M.R.S.A. §§ 4201 through 4209).
[Amended 10-9-2010 TM by Art. 11]
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of Sebago Lake or within 75 feet, horizontal distance, of other water bodies, tributary streams or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.
[Amended 10-9-2010 TM by Art. 11]
C.
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, or the spreading, disposal, or storage of manure within the Shoreland Zone, shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this Part 3. (Note: Assistance in preparing a soil and water conservation plan may be available through the local Soil and Water Conservation District Office.)
D.
There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water line of Sebago Lake; nor within 75 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this Part 3 and not in conformance with this provision may be maintained.
[Amended 10-9-2010 TM by Art. 11]
E.
After February 28, 1998, newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of Sebago Lake; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities may continue, provided that such grazing is conducted in accordance with a conservation plan.[1]
A.
Within a shoreland area zoned for resource protection abutting Sebago Lake, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere, in any Resource Protection District the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
B.
Except in areas as described in Subsection A above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high- water line of Sebago Lake and 75 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
[Amended 10-9-2010 TM by Art. 11]
(1)
There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forest canopy is not present) as measured from the outer limits of the tree crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created. Adjacent to Sebago Lake or a stream flowing to it, the width of the footpath shall be limited to six feet.
(2)
Cutting of trees.
(a)
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained. For the purposes of this section, a "well-distributed stand of trees and other vegetation" adjacent to Sebago Lake or a stream flowing to it shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot rectangle (1,250 square feet) as determined by the following rating system:
Tree at 4 1/2 Feet Above Ground Level (inches) | Points |
|---|---|
2 to <4 | 1 |
4 to <8 | 2 |
8 to <12 | 4 |
Greater than 12 | 8 |
Note: As an example, adjacent to Sebago Lake, if a 25-foot by 50-foot plot contains four trees between two inches and four inches in diameter, two trees between four inches and eight inches in diameter, three trees between eight inches and 12 inches in diameter, and two trees greater than 12 inches in diameter, the rating score is: (4x1) + (2x2) + (3x4) + (2x8) = 36 points. Thus, the 25-foot by 50-foot plot contains trees worth 36 points. Trees totaling 12 points (36-24=12) may be removed from the plot, provided that no cleared openings are created. |
(b)
Adjacent to tributary streams and wetlands, a "well-distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular area.
(c)
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground, may be removed in any ten-year period.
(3)
In order to protect water quality and wildlife habitat adjacent to Sebago Lake, and streams which flow to it, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described in Subsection B above.
(4)
Pruning of tree branches on the bottom 1/3 of the tree is permitted.
(5)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
C.
At distances greater than 100 feet, horizontal distance, from Sebago Lake and 75 feet, horizontal distance, from the normal high-water line of any tributary stream, or the upland edge of a wetland, except to allow for the development of permitted uses, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area. In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns, and sewage disposal areas, exceed in the aggregate 25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the Shoreland Development Overlay District where it overlies the Water-Oriented Commercial District.
[Amended 10-9-2010 TM by Art. 11]
E.
Fields which have reverted to primary shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.
A.
All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
[Amended 10-9-2010 TM by Art. 11]
B.
In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
C.
Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
D.
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time the work is started by use of riprap, sod, seed, and mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
(1)
Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine, or other suitable method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
E.
Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater, and shall be stabilized with vegetation or lined with rip-rap.
F.
For all soil-disturbing activities referred to in Subsection A above, except agriculture, erosion and sedimentation control plans shall be consistent with the standards of this subsection and, except where the standards of the subsection are more restrictive, the erosion and sedimentation control strategies contained in each erosion and sedimentation control plan shall be selected from the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, March 1991. This publication shall be available for public inspection at the Town Office.
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine registered professional engineers, Maine state-certified geologists, and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analyses of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body under M.R.S.A. Title 38, Waters and Navigation.
[Amended 10-9-2010 TM by Art. 11]
Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment. Such submittal shall be made at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
A home occupation, as defined in Article V, Definitions, and as permitted in districts of the Shoreland Zone according to Table 3.14-1, Land Uses in the Shoreland Zone, must comply with the following conditions:
A.
It must be an occupation or profession which is accessory to a residential use and customarily carried on in a dwelling unit, is carried on by a member of a family residing in the dwelling unit, is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and which conforms to the following conditions:
(1)
The occupation or profession shall be carried on wholly within the principal building.
(2)
Not more than two people outside the family shall be employed in the home occupation.
(3)
There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of Part 1, Zoning, § 10-1.29, Home occupation levels), no exterior storage of material, nor other exterior indication of the home occupation nor variation from the residential character of the principal building.
(4)
No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance shall be generated.
(5)
The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit.
B.
A home occupation shall include but not be limited to the following: art studio, dressmaking shop, hairdressing shop, teaching or tutoring facilities, office of a physician, dentist, optometrist, lawyer, engineer, architect, or accountant, office of a real estate broker or agent, and office of an insurance agent or broker. A home occupation shall not be interpreted to include the following: facilities for repair of motor vehicles and day-care center or babysitting service for more than six children at any one time.