3.9 Home/Premise Occupations

A. Purpose. The purposes of this section are to: 1. Encourage major business activities to be conducted in appropriate commercial zones. 2. Allow for home occupations that are compatible with the neighborhoods in which they are located as an accessory use. 3. To safeguard peace, quiet, and domestic tranquility within all residential neighborhoods within the Town, and to protect residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects of commercial uses being conducted in residential areas. 4. Provide a means to terminate home occupations if disruption of a residential neighborhood occurs. 5. To establish a class of businesses that is permitted in the home to engage in the business of child care, and other group child activities. B. Home/Premise Occupations License. A home occupation shall be conducted within the Town of Wallsburg only in zone districts where allowed by this Code and in compliance with the following provisions unless it has been determined to be a nonconforming use pursuant to this code. A license to conduct a home occupation shall be issued by the Town Clerk. In order to be issued a license, a home occupation must receive a recommendation for approval from the Town Planner pursuant to the following provisions or as a nonconforming use. C. Standards for Approval of all Home/Premise Occupations Licenses. The following standards shall be complied with in the operation of all home occupations at all times: 1. The home/premise occupation shall be an accessory use which is clearly secondary and incidental to the primary use of the dwelling unit for residential purposes. 2. The home/premise occupation shall not physically change or alter the external residential appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen, dining area, bathrooms, living room or all of the bedrooms. 3. The home/premise occupation shall not involve the use of any yard space for storage or display of supplies, inventory or equipment when such use is in conjunction with the sale or production of goods or services. 4. There shall be complete conformity with fire, building, plumbing, electrical and all other Town, county, state and federal codes. 5. The home/premise occupation shall not cause a demand for municipal, community or utility services that are substantially in excess of those usually and customarily provided for residential uses. 6. The home/premise occupation shall not be associated with or produce odor, smoke, dust, heat, fumes, light, glare, color, materials, construction, lightening, sounds, noises or vibrations or other nuisances, including interferences with radio and television reception or other adverse effects associated with its use as a business that may be discernable beyond the premises or unreasonably disturb the peace and quiet of the neighborhood. 7. No process can be used which is hazardous to public health, safety, morals or welfare. 8. The home/premise occupation shall not interfere or disrupt the peace, quiet and domestic tranquility of the neighborhood by creating excessive noise, excessive traffic, nuisance, fire hazard, safety hazard or other adverse effects of commercial uses. 9. Inspection during reasonable hours by Town officials may occur as necessary to assure compliance with these regulations. 10. All vehicles, including customer, client or business-related visitor vehicles must be provided off street parking at the location wherein the home occupation is being conducted. D. Qualifications. 1. No more than one (1) person (residing outside of the home) working a maximum of twenty (20) hours per week shall be engaged, volunteer or be employed on the premises. 2. Visitors, customers, vehicular traffic shall not exceed that normally and reasonably occurring for a residence in the neighborhood where the home occupation is located and shall be conducted so that the average neighbor will not be significantly impacted by its existence. In no case shall the home occupation exceed two (2) vehicular customers, and/or visits per hour, or six (6) per day, nor deliveries or pickups exceed more than one (1) per day. 3. The home occupation shall not generate or exceed eight (8) children at one time, associated with group child activities (e.g. dance schools, preschool, music classes, other care or instruction of children). This number shall include the licensee's own children if they are under eight (8) years of age and are under the care of the licensee at the time the home occupation is conducted. This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences. All child care facilities shall be permitted to provide outdoor play time as required by Federal, State, County or local laws governing such business activity. 4. The home/premise occupation may include the sale of commodities, however, direct sales from display shelves is not permitted at the dwelling. 5. Vehicles or equipment may not be used primarily for the purposes of advertising the home/premise occupation at the site. Vehicles or equipment displaying such advertising should not be visible from the public right-of-way. 6. The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to vehicles with a gross vehicle weight rating (GVWR) of fifteen thousand (15,000) pounds or less. 7. The home/premise occupation may utilize one unanimated, non-illuminated flat sign, for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling and may not have an area greater than six square feet. 8. No visitors in conjunction with the home/premise occupation (clients, patrons, students, pupils etc.) shall be permitted between the hours of 10:00 p.m. and 6:00 a.m. 9. The home occupation shall be carried on wholly within the principal building. The premise occupation may occur in an accessory building which is clearly subordinate to the dwelling. 10. No more than twenty-five percent (25%) of the total main floor area or upper living levels of the dwelling unit, nor, in the alternative more that fifty percent (50%) of the total floor area of any basement of the dwelling unit shall be utilized for the home occupation. No more than the equivalent of fifty percent (50%) of the total floor area of the main dwelling may be used in an accessory structure for a premise occupation. E. Conditional Use Permit Required, Certain types of occupations which have substantial impacts upon the residential character of the area when carried on in residential districts must be reviewed to determine if the use is appropriate and to impose requirements and conditions necessary for the protection of adjacent properties and the public health, safety and welfare. 1. The following uses are appropriate in a dwelling only if they are determined to be compatible with the neighborhood and with the public health, safety and general welfare and if conditions specific to that activity are developed after full Conditional Use review by the Planning Commission and compliance with §5.16(c) Standards, applicable Ordinance provisions and the additional regulations set forth hereafter. A. Any child day care home occupation that is expected to generate or exceed eight (8) children at any one time. i. A maximum of eleven (11) children is permitted at any one time. ii. This number shall include the licensee's and any employees' children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted. iii. This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby sitting exchanges and informal instructional activities for preschool-aged children) conducted within private residences. B. Any home/premise occupation that is expected to generate or exceed eight (8) children associated with group child activities (e.g. dance schools, preschool, music classes, other care or instruction of children) at any one time other than child day care. i. A maximum of twelve students/children generating separate vehicle trips is permitted at any one time. ii. A maximum twenty-four (24) students/children generating separate vehicle trips is permitted per day. iii. Additional students/children who do not generate separate vehicle trips may be permitted to a maximum of 12 students/children at any one time and two (2) sessions per day. Additional students/children will be permitted only if the total number of students/children generating separate vehicle trips does not exceed 24 per day. iv. The total number shall include the licensee's and any employees' children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted. v. This restriction shall not apply to those non-income producing child care activities (such as baby sitting cooperatives, baby sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences. C. Repair shops including welding, carpentry (use of three or more woodworking power equipment), sheet metal work, furniture manufacturing, upholstery and other such manufacturing. D. Any home/premise occupation using hazardous chemicals. E. Any home/premise occupation which will generate in excess of two (2) vehicular customers or visitors per hour or six (6) per day. A maximum of twelve (12) vehicular business associated visitors per day may be allowed under a conditional use permit. F. Any home/premise occupation proposing to employ or employing a person working more than twenty (20) hours per week or more than one employee (i.e. persons other than residents of the dwelling unit who are engaged, volunteer, or are employed on the premises of the home occupation). A maximum of one additional employee may be allowed under a conditional use permit. G. Any home/premise occupation which proposes to use or uses commercial-use vehicles in excess of one (1) ton. H. Any home/premise occupation involving or proposing to involve food or drink preparation, storage or catering. Such a home occupation will be considered for a conditional use permit only when it is authorized by the appropriate State or County department or agency. I. Any home/premise occupation which proposes or conducts business between the hours of 10:00 pm and 6:00 am. J. Any home/premise occupation that is referred to the Planning Commission by the Town Planner for purposes of holding a meeting for public comment and Planning Commission recommendation. 2. In addition to the Conditions established by the Planning Commission at the time of its review, all Conditional Use Home/Premise Occupations must comply with the following: A. The provisions of this code, concerning public hearing requirements. B. All Federal and State laws, standards, and codes that are applicable. B. Standards of Approval for all Home Occupations Licenses. C. All home occupations licensed under this section require an approved Conditional Use Permit and Home Occupation license prior to commencing business. D. The Planning Commission may establish additional conditions for the home/premise occupation use to mitigate its effects on the area or for the general health, safety and welfare.