§ 60-109. Home occupations; professional home offices.
(a)
Intent.
(1)
The intent of this section is to provide a means to accommodate a small family home-based business or professional home office without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. In general, home occupations shall be so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. Such occupation is incidental to the use of the premises for the residential purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
(2)
The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use may qualify as a home or professional home office occupation. This section recognizes that compatibility may vary by zoning district and that certain uses may be incompatible in residential zones, but due to custom, types of permitted use, and arrangement of land uses may be compatible in agricultural districts.
(b)
Restrictions on residential district home occupations. Home occupations and professional home offices are a permitted use in all residential districts, subject to the requirements of the district in which the use is located and the following requirements:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit. Use of accessory buildings for the home occupation is prohibited.
(2)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with residential district sign regulations.
(6)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
No stock in trade is kept or sold except that which is made in connection with such occupation.
(8)
The types and number of equipment or machinery may be restricted by the town board.
(9)
No mechanical equipment shall be used other than such as is permissible purely for domestic purposes.
(10)
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
(11)
No more than two people outside the family shall be employed in the home occupation.
(12)
The use shall not generate pedestrian or vehicular traffic above that normally associated with a residential district.
(c)
Home occupations prohibited in residential districts. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond their limits permitted for home occupations in a residential district and thereby impair the use and value of residentially zoned areas for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations in residential districts:
(1)
Appliance repair.
(2)
Automobile or motor vehicle repair (minor or major).
(3)
Metal fabrication.
(4)
Painting of automobiles, trailers or other vehicles.
(5)
Tire repair.
(6)
Welding.
(d)
Home occupations permitted in residential districts as conditional uses. The following uses may be allowed as a conditional use, provided that the town board may require certain limitations and conditions:
(1)
Barbershops and beauty shops.
(2)
Dance studios.
(3)
Music lesson studios.
(4)
Photographic studios.
(e)
Home occupations in A-1 or A-2 Agricultural Districts of five acres or less; standards.
(1)
Such occupations are incidental to the use of the premises for the agricultural purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
(2)
No article is sold or offered for sale on the premises except that is produced by such occupation.
(3)
No mechanical equipment is used other than such as is permissible purely for domestic purposes.
(4)
Not more than two people outside the family shall be employed in the home occupation.
(5)
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
(6)
No more than one accessory building may be used for the home occupation, providing that the area occupied by the home occupation in the accessory building shall not exceed the gross first floor area of the residence.
(7)
There shall be no outside storage of any kind related to the home occupation.
(8)
The use shall not generate pedestrian or vehicular traffic beyond that normal to the agricultural district.
(9)
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or other hazard greater or more frequent than that usually experienced in an average agricultural occupancy in the district in question in normal circumstances wherein no home occupation exists.
(10)
No sign shall be allowed other than those permitted in the Agricultural/Low Density District.
(Code 2006, § 13-1-72)