Chapter 10.26 - Home Occupations


City Code :: Elwood Town Ordinance :: Chapter 10.26 - Home Occupations

CHAPTER 10.26

HOME OCCUPATIONS REGULATIONS 
 

Sections: 
 

10.26.010 Purpose

10.26.020 Minor Home Occupation Standards

10.26.030 Major Home Occupation Standards 
 
 

    10.26.010 Purpose  
     

The purpose of this chapter is to encourage the majority of business activities to be conducted within appropriate commercial zones. Business activities may be conducted within a residence on a limited basis if such activities comply with standards of this section. All home occupations shall be secondary and incidental to the residential use. The use should be conducted so that neighbors, under normal conditions, would not be aware of its existence. 

10.26.020 Minor Home Occupation Standards  
 

A minor home occupation  is an activity carried out for gain by a resident and conducted entirely within the residents home as a incidental use.  A minor home occupation shall not be allowed unless it meets the following standards:  
 

  1. A home occupation shall not be permitted that changes the outside appearance of the dwelling.
  2. The home occupation may include the sale of commodities, however, the direct sales from display shelves are not allowed at the dwelling and products should be delivered to customers. Retail sales of products and services are allowed at the home with a maximum of two customers per hour.
  3. The area of the home devoted to the home occupation and/or storage of stock in trade shall not occupy more than 50 percent of the area of any one floor.
  4. The home occupation shall not involve the use of any yard space or activity outside of the residence, except where the use or activity is of the type that is customarily found with a residential use and where said use or activity does not adversely impact the residential nature of the neighborhood. Open storage in and storage or use of a garage is not allowed except for appropriate vehicle storage.
  5. Advertising signs shall conform to the Section 10.23 and shall be attached to the dwelling, except for minimum mailbox identification. Window displays or exterior evidence, is not allowed, except for signage limited to a non-illuminated identification sign six (6) square feet or less in size advertising the home occupation.
  6. Off-street parking for the residents must be preserved in addition to any commercial vehicles used for the home occupation. 
  7. The home occupation shall not allow employees coming to the home other than those living in the dwelling.
  8. The home occupation shall not produce traffic volumes exceeding that produced by the dwelling unit by more than 10 average daily trips or a maximum of 20 trips during any 24-hour period,
  9. Explosive or combustible materials shall not be stored for a home occupation. The home occupation shall not unreasonably disturb the peace and quiet of the neighborhood including, but not limited to, interference of radio, television or other electronic reception by reason of design, materials, construction, lighting, odor, dust, sounds, noise, vibrations, vehicles, parking and general operation of the business.
  10. Promotional meetings for the purpose of selling merchandise or taking orders shall not be held more than once per month.
  11. Garage, basement, yard or other similar sales shall not be allowed more than four times each year, and each sale shall not last more than 72 hours.
  12. All home occupation shall be conducted only between the hours of 6 a.m. and 10:00 p.m.
  13. There shall be complete conformity with all Federal , State and County codes and regulations, including business license regulations. Periodic inspections, as required by these codes, will be made as required by the type of home occupation.
  14. Home occupation licenses may be reviewed and revoked upon valid unresolved complaint. Inspections by County may occur as necessary to assure conformance with these regulations.
  15. Handicap persons can obtain a waiver through the Zoning Administrator to allow such persons to become self-sufficient.
  16. Home occupations which meet the above standards shall be defined as minor home occupations. Permitted minor home occupations include, but are not necessarily limited to, the following:
 
    1. Artist, authors, architectural services
    2. Barber shops and beauty shops
    3. Consulting services, craft sales
    4. Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction, provided the number of students is limited to two at a time
    5. Direct sales distribution
    6. Data processing, computer programming
    7. Home crafts
    8. Garden produce
    9. Janitorial
    10. Insurance sales or broker, interior design
    11. Mail order (not including retail sales from site)
    12. Real estate sales or broker
    13. Sales representative
 

10.26.030  Major Home Occupation Standards  
 

A Major Home Occupation is an activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the residents dwelling, or conducted on the same lot as the residents dwelling. A Major Home Occupations shall meet the standards listed in Section 10.26.020 as a minimum.  The Planning Commission may allow as a conditional use increases in intensity of a home occupation, as follows:  
 

  1. May allow for the conduct of the Home Occupation and the storage of required materials and supplies in an accessory structure.
  2. The number of customers or patrons coming to the home may range up to ten (10) per hour, provided sufficient off-street parking is provided and the use does not adversely affect the neighborhood.
  3. May have up to, but not exceeding, six (6) employees, including the owner.