The purposes of this Part
14 are to:
A. General purpose. Permit certain home occupations as
described herein which are incidental to the residential use of the
premises, are compatible with residential uses, are limited in extent,
degree and time, and do not detract from the residential character
and quality of the neighborhood, with the foregoing to be considered
and defined in the context of an evaluation of the tangible impact
of such occupations outside the confines of the residential dwelling
itself.
B. Incubator activities. Permit incubator or start-up
business activities within the context of a home occupation, as defined
herein, for later removal to an appropriate zone as the business grows
and succeeds beyond the limitations and restrictions appropriate for
a residential zone.
C. Residential zones. Protect residential areas from
any adverse impacts associated with home occupations and protect residential
property values.
D. Neighbors. Ensure that the health, safety and welfare
of neighbors and residents are protected and that their rights are
not compromised in any manner whatsoever by the operation of the particular
home occupation.
E. Criteria. Establish performance criteria and standards
for home occupations that will provide fair and equitable administration
and enforcement of this article.
As used in this article, the following terms
shall have the meanings indicated:
HOME OCCUPATION
Any activity conducted or engaged in by a person within the
residential dwelling occupied as his or her permanent residence as
a business, profession or service, for financial gain or as a nonprofit
service to the community. A home occupation is an accessory use to
the primary use of the property, which is residential. Home occupations
include home businesses, offices which do not fit the definition for
home offices contained herein and cottage industries. Home occupations
do not include:
A.
Garage sales, yard sales or home parties for
the purpose of the sale or distribution of goods or services, provided
that the collective total of all such sales and/or parties does not
exceed a total of four in any calendar year.
B.
Organized meetings of social, charitable, religious,
civic, political, community service or fraternal clubs or organizations.
C.
Care for infants or children on the premises.
HOME OFFICE
The use of a defined portion of a residential dwelling as
an office area by one or more members of the household residing on
the premises, for family, personal or other related activities such
as the following:
A.
Office activities such as are only incidental
to a business conducted at a separate location and such as telecommuting
performed as an employee, agent or contractor for an employer or principal
conducting business at a separate location if such activities do not
involve visitation by clients or customers and if there is no assertion
or representation that the residence address is a business address.
B.
Office activities as a volunteer in support
of a nonprofit community service, political or charitable organization
if such activities do not involve visitation by clients or customers
and if there is no assertion or representation that the residence
address is an address for such organization.
Those uses, such as the following, which by
the nature of the investment or operation have a pronounced tendency
once commenced, to rapidly increase and escalate beyond the limits
permitted and beyond the impacts to be reasonably anticipated from
home occupations and thereby impair the use and value of a residentially
zoned area for residential purposes and are more suited to professional,
business or agricultural districts, therefore, are prohibited: retail
merchandising, other than for seasonal items as provided in the preceding
section; boarding and breeding kennels for dogs and cats; the raising
of livestock for market; medical or dental records; funeral homes;
auto repair for other than a resident; the painting of vehicles, trailers
and boats of and for a person other than the resident; private schools
with organized classes for more than four students; carpentry, welding
or machine shops; equipment rental; massage parlors.
Any person, firm or corporation who shall knowingly violate any provision of this Part
14 shall, upon conviction, be subject to a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court. Each day that a violation exists shall constitute a separate and distinct offense.