19.08.03 Performance Standards

Proposed Home Occupations must be in compliance with the following performance standards to ensure that adverse impacts to others are minimized and that the residential characteristics are preserved. Home Occupations are to be clearly incidental and secondary to the residential use of the property. All Home Occupations may be allowed if approved and in compliance with the terms of this Chapter and may be revoked if these performance standards are not maintained. Performance standards include: 1. Dwelling Type. a. Class 1, 2, and 3 Home Occupations are permitted in any single or multi-family dwelling, or an accessory building to such a dwelling. 2. Floor Area. A Home Occupation shall not occupy or use more than 40 percent of the finished square footage of the dwelling at any given time. 3. Prohibited Uses. Restaurants, or any uses in Section 19.04. that are permitted uses solely in the Heavy Commercial, Office Warehouse, and/or Industrial Zones, are prohibited as Home Occupations. 4. Building and Fire Codes. A Home Occupation, including Home Occupations located in accessory buildings, shall comply with all applicable building and fire codes. For example, if a Home Occupation is located in a garage, approval for occupancy must be given by the Building Official and Fire Marshall. 5. Employees. Home Occupations may have no more than two on-premise employees who are not members of the resident family or household. Off-street parking is to be made available and used by an non-resident employees. 6. Parking. Home Occupations shall provide adequate off-street parking as required by Chapter 19.09. Further, Home Occupations may not be located in required parking spaces (whether covered or uncovered) under Chapter 19.09. 7. Commercial Equipment. Trailers, or equipment used in the operation of occupation, may not be parked on site, unless parked in the home’s garage or other solid structure to shield the equipment from view or parked behind the front façade of the dwelling and behind a solid fence 6 feet in height. Corner street side yards shall not be used to park a home occupation trailer or non-passenger vehicle. 8. Commercial Vehicles. All commercial vehicles used in the operation of occupation shall be parked in off-street parking. Home occupations shall be limited to a maximum gross vehicle weight rating of seventeen thousand five hundred (17,500) pounds. No more than one commercial vehicle shall be permitted in connection with any home occupation. 9. Outdoor Storage. Outdoor storage associated with a Home Occupation shall be subject to the same performance standards governing other outdoor storage on residential lots. 10. Outdoor Activity. Outdoor activity may occur for a Home Occupation so long as the activity takes place in a fenced area and does not create an unreasonable disturbance to neighboring properties. 11. Signs. A Home Occupation may display a sign not exceeding the size permitted for permanent signage in Section 19.18. The design and placement of a proposed sign must receive approval per Chapter 19.18. Signs that in any manner are electronic, electric, lighted, or back-lit are strictly prohibited. 12. Hours of Operation. Class 2 and 3 Home Occupations shall operate only between 7:00 A.M. and 10:00 P.M., except for pre-schools or day care which may operate from 6:00 a.m. to 10:00 p.m. 13. Hazardous Materials. No Home Occupation shall generate hazardous wastes or materials that increase the danger of fire, or cause fumes or odors that may be objectionable to neighboring residents. 14. Exterior Appearance. No Home Occupation shall alter the exterior of the home to differ from the colors, materials, construction, or lighting of the home before it was used as a Home Occupation. 15. Retail Sales. Service related Home Occupation may conduct incidental retail sales provided that the sales do not increase traffic or violate any other performance standard. 16. Capacity. a. Class 2 Home Occupations shall not exceed eight patrons, customers, clients, deliveries, or students at any one time, and shall not exceed 16 patrons, customers, clients, deliveries, or students in one day. b. Class 3 Home Occupations shall not exceed ten patrons, customers, clients, deliveries, or students at any one time, and shall not exceed 40 patrons, customers, clients, deliveries, or students in one day. 17. Traffic and Utilities Use. a. Class 1 Home Occupations shall not generate traffic or increase the demand for utilities that exceeds those normally associated with residential uses. b. Class 2 and 3 Home Occupations shall provide parking and traffic plans to ensure traffic increases are minimal and appropriately mitigated. Traffic and parking for the Home Occupation shall not impede access to neighboring driveways. Traffic plans shall demonstrate how pick-up and drop-off will occur. For example, a preschool may require parents to stagger pick-up and drop-off times to reduce the number of cars present at any one time. 18. Business License. A business license is required for all Home Occupations as allowable per State Code. A business that is operated only occasionally, and by an individual who is under 19 years old, shall not require a business license or Home Occupation permit. 19. Additional Home Occupations. More than one Home Occupation is allowed for each lot or parcel if the combined Home Occupations meet all requirements of this Chapter as if all were one Home Occupation.