Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. The standards in this division are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(2006 Code, sec. 86-901; Ordinance 04-05-610, sec. 46.1, adopted 5/17/04)
(a) 
Home occupations shall be permitted as an accessory use in single-family and two-family residential zoning districts (i.e., AG, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA and MH) provided that they comply with all restrictions herein, and shall be a "no-impact home-based business" as defined in Texas Local Government Code, Section 229.902.
(b) 
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street.
(c) 
Such home occupation use shall be incidental and secondary to the use of the premises for residential purposes.
(d) 
On-street parking for employees, customers, or other business operations shall not exceed two vehicles at any one time. All on-site parking shall be provided via an approved surface in accordance with this ordinance.
(e) 
All parking of commercial vehicles shall be in conformance with Chapter 20 of the Murphy Code of Ordinances. Parking of commercial vehicles overnight on the street shall not be permitted.
(f) 
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district. This shall be calculated as follows: The total number of business related trips to a residential property during a 24-hour period shall not exceed a number equivalent to 100% of the average number of trips generated by the particular home type defined by the Institute of Transportation Engineers (ITE) Trip Generation Manual. For example, if the ITE Manual states a certain type of residence should generate an average of 14 trips per day, the total number of business-related trips should not exceed 14 per day. Furthermore, the business shall not require more than two deliveries per week by large trucks or vehicles with a rated capacity in excess of 1 1/2 tons, according to the manufacturer’s classification.
(g) 
The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district, and shall not be discernable from the property boundaries where the use occurs. No equipment or activity shall be seen from the street, except for the coming and going of employees, customers, or deliveries.
(h) 
The home occupation shall not house chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.
(i) 
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means.
(j) 
The home occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.
(2006 Code, sec. 86-902; Ordinance 04-05-610, sec. 46.2, adopted 5/17/04; Ordinance 25-11-1400 adopted 11/18/2025)
Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.
(2006 Code, sec. 86-903; Ordinance 04-05-610, sec. 46.3, adopted 5/17/04)
Subject to the provisions of section 30.07.142, home occupations may include the following uses:
(1) 
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;
(2) 
Author, artist or sculptor;
(3) 
Dressmaker, seamstress or tailor;
(4) 
Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;
(5) 
Individual tutoring and home schooling;
(6) 
Millinery;
(7) 
Office facility of a minister, rabbi, priest or other clergyman;
(8) 
Home crafts, such as rug weaving, model making, etc.;
(9) 
Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
(10) 
Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
(11) 
Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;
(12) 
Registered family homes (see definition in section 30.01.006), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children;
(13) 
Barbershop/beauty salon or manicure studio, provided that not more than one customer is served at a time;
(14) 
Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time; and
(15) 
Bed and breakfast facility (see definition in section 30.01.006), provided that no more than five guests are accommodated/served at a time.
(2006 Code, sec. 86-904; Ordinance 04-05-610, sec. 46.4, adopted 5/17/04)
Home occupations shall not, in any event, be deemed to include the following uses:
(1) 
Animal hospitals or clinics, commercial stables, or kennels;
(2) 
Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;
(3) 
Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
(4) 
Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;
(5) 
Office facility for a doctor, dentist, veterinarian or other medical-related profession;
(6) 
On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;
(7) 
Commercial clothing laundering or cleaning;
(8) 
Mortuaries or funeral homes;
(9) 
Trailer, vehicle, tool or equipment rentals, sales or leasing;
(10) 
Repair shops or services, except as specifically provided in section 30.07.144;
(11) 
Drapery or furniture upholstery shops;
(12) 
Antique, gift or specialty shops;
(13) 
Repair shops for any items having internal combustion engines; and
(14) 
Any use that would be defined by the building code as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.
(2006 Code, sec. 86-905; Ordinance 04-05-610, sec. 46.5, adopted 5/17/04)
Any use that is not either expressly allowed nor expressly prohibited by sections 30.07.144 and 30.07.145, respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the city council, subsequent to an affirmative recommendation by the planning and zoning commission.
(2006 Code, sec. 86-906; Ordinance 04-05-610, sec. 46.6, adopted 5/17/04)
(a) 
Any home occupation that was legally in existence as of May 27, 2004, and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of article 30.02, division 2 of this chapter, provided that the owner/proprietor of such home occupation register his business with the city within 90 days of May 27, 2004, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to May 27, 2004, the effective date of the ordinance from which this chapter is derived, shall be required upon registration.
(b) 
Any home occupation that was legally in existence as of May 27, 2004, and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in subsection (a) of this section.
(2006 Code, sec. 86-907; Ordinance 04-05-610, sec. 46.7, adopted 5/17/04)