§ 3-9-74. Home occupations.

(a)

Purpose and intent. Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. It is the intent of this section to allow the operation of home occupations as an accessory to the primary use in any residential dwelling unit and to regulate them so that a neighbor, under normal circumstances, will not be disturbed or inconvenienced. The following regulations are intended to allow residents to engage in a minor or major home occupation while ensuring that it does not become a detriment to the character and livability of the surrounding area.

(b)

General conditions for home occupations. The following conditions must be met and complied with by all operators of any home occupation.

(1)

Home occupations shall be subordinate to the allowed principal residential use.

(2)

Home occupations shall be conducted only by a resident of the principal dwelling unit.

(3)

No more than twenty (20) percent of the gross floor area of a dwelling unit may be devoted to a home occupation.

(4)

The principal use of the dwelling unit shall at all times during the conduct of the home occupation remain residential.

(5)

Retail sales shall not be conducted on the premises, except via the internet, phone and mail.

(6)

No more than one (1) nonilluminated wall sign, not exceeding two (2) square feet in area, may be attached to the building. This sign must be on or next to the entrance.

(7)

There shall be no exterior indication that the dwelling is being used for any purpose other than a residence, other than an allowed sign. Examples of prohibited alterations include, but are not limited to, construction of parking lots, paving of required yards, or adding commercial-like lighting.

(8)

There shall be no outside storage of materials used in connection with the home occupation.

(9)

No equipment shall be used in connection with a home occupation which creates noise, vibration, glare, fumes, odors, electrical interference, or requires the storage of hazardous substances which are not typically incidental to a residential use.

(10)

Deliveries or pick-ups of items associated with home occupations shall generally be between the hours of 8:00 a.m. to 8:00 p.m.

(11)

Any operator of a home occupation must obtain, and keep current for as long as the home occupation is in operation, a business tax receipt from the Charlotte County Tax Collector, also known as the "local business tax receipt".

(12)

The following uses shall be prohibited from being operated as a home occupation.

a.

Any type of repair, assembly, or storage of vehicles or equipment (such as automobiles, motorcycles, marine engines, golf carts, lawn equipment or chain saws), or of large appliances, such as washing machines, dryers, and refrigerators, or any other work related to motor vehicles.

b.

Any business where employees come to the site to be dispatched to other locations.

(c)

Minor home occupations.

(1)

Minor home occupations include, but are not limited to, internet sales, professional or paraprofessional services, consulting, home-made crafting, artist studios, and home offices.

(2)

A minor home occupation is allowed without the need for a special exception provided it complies with all of the general conditions established above as well as all of the following conditions.

a.

The minor home occupation shall register with the county.

b.

No customers or clients may come to the home at any one (1) time.

c.

Employees from outside the home are prohibited.

(d)

Major home occupations.

(1)

Major home occupations include, but are not limited to, beauty or barber shops, professional or paraprofessional services, consulting, animal grooming, and home offices.

(2)

A major home occupation may be allowed as a special exception use provided it complies with all of the general conditions established above as well as all of the following conditions and any conditions that may be added by the BZA.

a.

No more than two (2) customers or clients may visit the home at any one (1) time.

b.

Customers or clients may visit the home for purposes related to the home occupation between the hours of 8:00 a.m. and 8:00 p.m., unless different hours of operation are set by the special exception.

c.

In addition to residents of the home employed in the home occupation, the board of zoning appeals may approve additional employees from outside of the home.

d.

Additional off-street parking spaces may be required by the BZA.

e.

The granting of a special exception to conduct a major home occupation shall be automatically conditioned upon continued compliance with all the requirements of this section. Failure of the operator to meet these requirements shall empower the BZA to revoke the special exception after notice and a public hearing.

f.

The approval of a special exception for a major home occupation shall expire upon termination of the home occupation or a change in residency, whichever occurs first.

(3)

Riding lessons in RE zoning district.

a.

The property must be located in the rural service area.

b.

No more than five (5) students at a time are receiving riding instructions.

c.

Shall also conform subsections (d)(2)b.—f.

d.

An accessory tack shop may be permitted.

(Ord. No. 2014-072, § 1(Exh. A), 11-25-14)