Sec. 78-80.5

The home-based business must be conducted by an occupant of the dwelling that houses the business.

The total number of arrivals for the purpose of making deliveries to or shipments from the home-based business shall not exceed four per day for dwelling units located on public streets and three per day for dwelling units located on private streets. Deliveries shall occur between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. This section shall not apply to deliveries unrelated to the home-based business.

The home-based business including storage of equipment, goods, supplies, and property shall be conducted entirely within an enclosed building.

The part of the dwelling unit used for the home-based business shall be open for inspection by representatives of the town upon reasonable notice by the town to the occupants of the dwelling unit.

No home-based business conducted in an accessory building shall exceed 400 square feet, which area shall be included in the maximum square footage allowed in this section.

The number of children permitted in a home-based childcare or daycare business shall be limited as follows: a. Single-family detached dwelling: No more than seven children per day enrolled in the home-based childcare center or daycare center in a single-family detached dwelling shall be on the site, in addition to any children living in the home. b. Townhouse, rental residential townhouse, two-family dwelling: No more than five children per day enrolled in the home-based childcare center or daycare center in a townhouse dwelling, rental townhouse residential development dwelling, or two-family dwelling shall be on the site, in addition to any children living in the home. c. Multi-family or quadraplex dwelling: No more than five children per day enrolled in the home-based childcare center or daycare center in a multi-family dwelling or quadraplex dwelling shall be on site, in addition to any children living in the home.

A home-based business shall occupy no more than 33 percent of the floor area of the principal dwelling, up to a total maximum floor area of 1,000 square feet on any one property inclusive of floor area used in accessory structures. No home-based business conducted in an accessory building shall exceed 400 square feet, which area shall be included in the maximum square footage allowed in this section.

up to a total maximum floor area of 1,000 square feet on any one property inclusive of floor area used in accessory structures.

The home-based business shall not cause or create noise; vibration; smoke; radiation; dust; odor; heat; glare; visible or audible interference in radio or television receivers; or fluctuations in line voltage that is perceptible across the property line or unit limits of the dwelling unit that serves as the site of the home-based business.

The home-based business shall not cause an increase over normal residential use in the volume of solid waste disposal or frequency of refuse collection at the dwelling unit that is the site of the home-based business.

Between the hours of 8:00 a.m. and 9:00 p.m., the number of nonresident employees and visitors, other than delivery persons allowed by paragraph (8) above, shall be limited at any one time to the following: a. Up to two nonresident employees or associates of the home-based business; b. Up to three customers or clients are allowed at the site for no more than two consecutive hours per day; c. No more than four arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period.

Between the hours of 6:00 a.m. and 9:00 p.m. the number of nonresident employees and customers, other than delivery persons allowed by section 78-80.5(a)(8), shall be limited at any one time to the following: a. One nonresident employee or associate of the home-based business; b. Up to seven customers or clients are allowed at the site per day for a single-family detached dwelling; up to five customers or clients are allowed at the site per day for a townhouse dwelling, rental townhouse residential development dwelling or two-family dwelling; or up to five customers or clients are allowed at the site per day for a multi-family dwelling or quadraplex dwelling; c. No more than 15 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a single-family detached dwelling. No more than 11 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a townhouse dwelling, rental townhouse residential development dwelling, or a two-family dwelling. No more than 11 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a multi-family dwelling or quadraplex dwelling.

A home-based childcare or daycare business shall provide a play area that meets the following provisions: a. Seventy-five square feet of outdoor play area must be provided on-site per child enrolled in the childcare or daycare business. b. Outdoor play area must be enclosed by a fence with a minimum height of four feet unless applicant can demonstrate that the area provides adequate protection from traffic, neighboring yards or other hazards. c. Outdoor play area must be shown on a plat to scale submitted at the time of application for the permit. d. The requirement for an on-site outdoor play area may be waived when the applicant can demonstrate the home care service is located within 1,000 feet of an existing suitable play area, such as a park or play lot. The play area must be public or owned by the homeowners' association to which the residence belongs.

The town council may approve by special exception a business conducted in a residential unit or in an accessory building or both when the use would not be consistent with the standards set forth in this section. The town council may impose conditions to assure that the business shall as nearly as practicable conform to the purposes of this section. Any such business use approved by a special exception shall be deemed a home-based business under this section, which shall apply to such home-based business with necessary changes. In addition, any special exception for a home-based childcare or daycare center shall be limited as follows: a. The town council may not ordain that a special exception for a home based childcare center or daycare center shall run with the land. b. No more than 12 children per day enrolled in any home-based childcare center or daycare center shall be on the site excluding any children living in the home.

No home-based business shall be instituted or maintained until a zoning inspection permit is approved pursuant to section 78-155.7, zoning inspection permit.

Parking of commercial vehicles associated with the home-based business shall comply with the standards of section 78-100.9(b)(5), limitations on parking in residential districts.

Accessory structures shall not be used for home-based businesses unless expressly included in the application for the zoning inspection permit.

A home-based business use may be conducted within a dwelling unit only so long as the home-based business use remains incidental and secondary to the use of the dwelling unit as a place of residence.

A home-based business may consist of any lawful business except a business that involves: a. The on-site storage or presence of explosives; hazardous materials, hazardous substances, or hazardous waste; toxic substances; firearms; or any substance or activity that is determined to constitute a threat to the public health or safety of the town... b. The on-site provision of any service to clients or customers other than by appointment; c. The on-site sale of any goods, services, items, or property other than by appointment; d. An on-site restaurant, carry-out service, or any business involving preparation of food, except for on-site preparation of food in a single-family detached or attached dwellings when the business transports the food to an off-site location for sale; e. On-site servicing, repair or painting of motor or other vehicles, or any motorized equipment excluding small household appliances and personal computers; f. An animal hospital, kennel, or any other business involving the on-site care or feeding of animals; g. A boarding house or inn, or the like; h. A mortuary or funeral home, or the like; i. A delivery service by which goods or other property to be delivered are stored or brought on-site, excluding a business that involves the purchase, processing, and then delivery of goods or other property in a manner consistent with this section; j. A welding or machine shop or a pipe fitting operation, or the like; k. Rental of on-site equipment, on-site goods, or on-site property, or the like; l. Rental, use, dispatch, sale, or lease of a hearse, ambulance, wrecker or tow truck, taxi or limousine, only when such vehicle is brought to the site or to the vicinity of the site of the home-based business, with the exception that an individual may operate a taxi, or a standard passenger vehicle for hire as a home-based business, provided that only one such taxi or standard passenger vehicle may be present at or in the vicinity of the subject dwelling unit; m. A nursing home or the like; n. A small-scale alcohol production facility; or o. Similar uses.