3.11.1 Preamble or Objective

(a) This ordinance establishes the criteria for home occupations based on the impact the business will have on the integrity and character of the neighborhood. It will apply to residential, residential agricultural, and agricultural zones in Amalga Town. Agricultural activities (as defined in Definition Usage 2.5 of this code) are not home occupations; therefore, this ordinance does not apply to them. (b) A home occupation is any full or part time occupation or business conducted within a dwelling or one accessory structure, or both, by a resident of the property. (c) A home occupation is a lawful and permitted use if it complies with the definitions and guidelines outlined in this ordinance, if it does not meet these guidelines, the resident may apply for a conditional use permit. (d) A home occupation requires a business license from the town. Before a business license can be issued the resident must first apply for a home occupation permit. An application for a home occupation permit shall be applied for and reviewed by the Amalga Planning and Zoning Commission. Validity of this permit is contingent on possession of a town of Amalga business license. [Revised 9 January 2008] 3.11.2 Appearance. There shall be no exterior evidence that a building is being used for any purpose other than a dwelling or an accessory structure, excluding one permissible sign. [see 3.11.3] 3.11.3 Signs. In all cases, there shall be no advertising of said home occupation on the property except by a small unlit sign no larger than 1 foot by 2 feet. The sign is to be attached to the main dwelling or accessory building. 3.11.4 Activity. There shall be no vehicular congestion, noise, vibration, glare, fumes, odor, electrical interference, or other such condition created by said occupation(s) that alters the character of the neighborhood, or that has any observable impact upon any location outside the principal structure or accessory structure where said occupation(s) is/are conducted. 3.11.5 Operator. The business must be conducted by a full-time resident of the property. Non-residents may be employed in the home occupation, if the business does not violate conditions of section 3.11.4. 3.11.6 Non-Conforming use. Home occupations lawfully existing on the effective date of this ordinance [3.11 Home Occupations], but do not comply with the provisions of this ordinance, may continue as nonconforming uses; however, they shall be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 90 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this ordinance. 3.11.7 Parking. Parking for employees or customers is the complete responsibility of the full time resident of the property. Such parking must be off the public right-of-way. 3.11.8 Number of Occupations. More than one home occupation may be conducted on the premises; however, the combined business-related impact of all home occupations shall be considered when evaluating the terms of this ordinance. 3.11.9 Severability. The several sections of this ordinance [Home Occupations 3.11] are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Terms in any other section of the Amalga Town Land Management and Development Code in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. 3.11.10 Transferability. Home occupation Permits shall not run with the land and shall not be transferable. The permit will terminate when the applicant no longer resides in the dwelling unit. 3.11.11 Enforcement. This ordinance provides the definitions of compliance and is meant to be used for reactive enforcement. It is the responsibility of surrounding homeowners to bring objectionable activities to the attention of the planning and zoning commission or homeowners association for determination and enforcement. In the event covenants applicable to the property preclude the home occupation, the covenants shall supercede. 3.11.12 Inspection. The town hereby reserves the right upon issuing any home occupation permit or license to inspect the premises in which the occupation is being conducted. The inspection will be conducted during normal business hours, or by appointment, to insure compliance with the provisions of this ordinance or any conditions additionally imposed. 3.11.13 Non-Compliance. The commission may revoke a permit if it is determined that the applicant has misrepresented the description of the business activities of the home occupation enterprise, or if the home occupation is in violation of zoning law (See Violations in Section 6.8 of this code.).