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The following proposes to maintain most of the current language for the majority of the
City with some ‘tweaks’ for clarification. Based on comments from some Old Town
residents, a Section 5.03.020.F has been proposed as an additional option that would
require a Special Use Permit in Old Town for businesses that have customers to the
site. Black indicates existing text, red indicates proposed text, gray indicates deleted
text, and teal indicates editor notes. Please keep in mind this reflects each of the
proposals from the group and all options will be presented to P&Z and Council and they
will make the final decisions.
Option 4 is a new proposal received on November 15, 2010, and those edits are shown
in blue text. For that option there is a companion changed needed to Chapter 3 to add
a new Home-Based Business Permit (Section 3.23), which is located at the end of this
section for your review.
5.03.020.E. Home Occupation-Based Business
Home Occupations–Based Businesses are permitted in accordance with Table 5.02.010 and
subject to the following standards and limitations below.
1. General
a. A Home Occupation–Based Business is that accessory use of a dwelling premise that
shall constitute all or some portion of the livelihood of a person or persons living in
the dwelling.
b. The Home Occupation-Based Business shall be clearly incidental to the residential
use of the dwelling and shall not change the essential residential character of the
dwelling or neighborhood or adversely affect the uses permitted in the District of
which it is a part.
c. Land uses that are addressed individually in the Use Chart of this Chapter are not
considered a home-based business for purposes of this Section. Examples of those
uses are: Group Homes, Family Day Cares, Bed and Breakfast and Garage Sales.
2. Home Occupation -Based Business Types
Home Occupations-Based Businesses are permitted subject to the occupation business
meeting the following provisions. These provisions are applicable to on-site activities
related to the Home-Based Business and are intended to be considered in relation to the
broad operation of the business.
a. The home-based business shall be conducted entirely within a dwelling or accessory
structure, or integral part thereof, and have no outside storage of any kind related to
the home occupation business;
b. The home-based business shall be clearly incidental and secondary to the principal
primary use of the dwelling premise;
c. The home-based business shall be conducted only by persons residing on the
premises (nonresident employees are not permitted);
Option 1 e. One non-illuminated identification sign is permitted provided the sign is mounted
(existing): flat on the exterior wall of the dwelling and has an area no greater than two (2)
square feet;
Option 2: e. No signage shall be allowed in connection with the Home-Based Business;
f. Deliveries by commercial vehicle occur only between are limited to the hours of 8
a.m. and to 6 p.m.; however, deliveries by a regular carrier such as USPS, UPS, and
FedEx may be delivered during their typical hours;
g. The home-based business shall create no disturbing or offensive noise, vibration,
smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking
problem;
Option 1 h. The home occupation based business shall not result in the off-street or on-street
(existing): parking of more than two (2) vehicles at any one time not owned by members of the
occupant family;
Option 2: h. Any on-street parking utilized by the business shall only be allowed along the
property line of the home-based business residence and as allowed by current City
code;
Option 3: h. On-street parking utilized by the business shall only be allowed along the property
line of the home-based business residence and as allowed by current City code. Off-
street parking is limited to existing paved areas and the business shall not result in
the increase of on-site parking areas;
Option 1
(existing): i. The home-based business shall involve no on-site retail sales or services;
Option 2: i. The home-based business shall involve no on-site retail sales or services. However, if
the activity is kept at a small scale (meaning generally one or two people conducting
the business or meeting with clients) and the business remains compliant with the
limitations of this Chapter, the following shall not be considered services:
(1) individual academic, music, dance, photography, art, hobby or similar instruction
or studio,
(2) seamstress or tailor,
(3) barber or beauty salon (one (1) chair),
(4) financial/investment counseling, accounting, bookkeeping, real estate office, or
similar office,
(5) individual massage, natural therapy or similar services,
5.03.020.F Option 1: Apply only to Old Town Overlay and apply Section 5.03.020.E
to the balance of the city
4. Special Use Permit Required: Prior to the establishment of a new Class II home-
based business a Special Use Permit, pursuant to Section 3.07, shall be required. If a
tenant makes the application they must do so with the authority of the property owner.
The following information shall be included in the application:
Option 4: 4. Home-Based Business Permit Required: Prior to the establishment of a Class
II home-based business, a Home-Based Business Permit shall be required, pursuant to
Section 3.23. If a tenant makes the application they must do so with the authority of the
property owner. The following information shall be included in the application:
Engineer
Director
Building
Forester
Official
Urban
HARC
Procedure
ZBA
P&Z
Dev
Planning and Zoning Commission
Administrative Plat X X
Preliminary Plat X X
Construction Plans X X
Final Plat X X
Plat Waiver X X
Site Plan X
Construction Plans X
Zoning Verification Letter X
Legal Lot Verification Letter X X
Temporary Use Permit X
Master Sign Plan X X
Certificate of Design Compliance X
Appeal of an Administrative Decision X
Variance X
Administrative Exception X
Special Exception X
Stormwater Permit X X
Driveway Permit X X
Sign Permit X X
Courthouse View Height Determination X
1. Comprehensive Plan Amendment
2. Rezoning (Zoning Map Amendment)
3. Historic District Designation
4. Special Use Permit
5. Preliminary Plat
6. Administrative Plat (Minor Plat or Amending Plat)
7. Site Plan
8. Master Sign Plan
9. Certificate of Design Compliance
10. Variance
11. Unified Development Code Text Amendment
12. Construction Plan
13. Final Plat
14. Planned Unit Development
15. Driveway Permit
16. Development Agreement
17. Special Exception
18. Plat Waiver
19. Home‐Based Business Permit