Home Occupation Permit

 

HOME OCCUPATION ORDINANCE

Home Occupation: Any occupation or profession for gain or support, carried on as an accessory use in a dwelling unit by a member or members of the household residing on the premises. (Ordinance 2016-02-009). The home occupation must meet the following limitations:

TYPE A.  A home-based occupation that has minimal impact on the property and surroundings beyond the scope of residential use, involving only the occupants of the subject dwelling and resulting in only incidental traffic associated with the occupation. Such home occupations may include, but at not limited to, private consulting, non-retail based arts and crafts studios, internet-based business, and telecommunication-based commuting. Type A Home Occupations do not require a Certificate of Occupancy or Conditional Use Permit. They are permitted with the following criteria:

  1. Employees. There are no persons, other than members of the household residing in the dwelling unit, engaged in the home occupation; and
  2. Signage. There are no signs on the premises identifying the home occupation other than a nameplate, not more than three square feet in area, only permitted as a wall-mounted sign and not internally illuminated; and
  3. Exterior Visibility. The occupation is wholly operated and contained within the dwelling; and there is no activity, construction, or display which would indicate from the exterior of the building or dwelling unit that the building or dwelling unit is being used for any purpose other than residential, except for the signage provisions set forth in Section V-12.A.2. No materials or equipment are stored outside the dwelling unit or visible from a public right-of-way; and
  4. Vehicles and Customer Visits. No more than two commercial or business vehicles used in conjunction with the home occupation may be on the premises at any one time and no more than five vehicle visits per day; and
  5. Parking. No more than two commercial or business vehicles, trucks or trailers used in conjunction with the home occupation may be parked on the premises or on an abutting street; and
  6. Equipment. No mechanical or electronic equipment is used which creates objectionable noise, odors, or electronic impulses, or otherwise create a nuisance discernible beyond the property lines of the premises.

TYPE B.  A home-based occupation that exceeds the limitations of a Type A Home Occupation and involves a minor amount of traffic from individuals not residing in the household. Such activity may involve scheduled visits with outside clients or customers and employ up to two individuals not residing in the household. Type B Home Occupations may include, but are not limited to, music lessons, professional consultations, and personal services such as clothing alterations or shoe repair. Type B Home Occupations shall require approval by the Zoning Administrator and the issuance of a Certificate of Occupancy. The following restrictions and conditions shall apply to Type B Home Occupations:

  1. Employees. No more than two persons, other than members of the household residing in the dwelling unit, are engaged by the home occupation; and
  2. Vehicles and Parking. No more than two commercial or business vehicles, trucks, or trailers used in conjunction with the home occupation may be parked on the premises of on an abutting street at any time. Up to two (2) additional off-street parking spaces may be required by the Zoning Administrator to accommodate commercial vehicles. The off-street parking requirement may be waived or reduced with approval from the Zoning Administrator based upon demand generated by the use, location of the home occupation, and on-street parking supply; and
  3. Customer/Client Visits. No more than 10 visits per day from customers, clients, or home deliveries are permitted, with no more than three visitors present at any given time. Day Care Homes shall be allowed a total of up to five children or dependent adults to be cared for on the premises at any time, which shall not be counted in the limit of customer/client visits; and
  4. Exterior Visibility. The occupation is wholly contained within the dwelling and there is no activity, construction, or display which would indicate form the exterior of the building or dwelling unit that the building or dwelling unit is being used for any purpose other than residential, except for the signage provisions set forth in Section V-12.B.5. No outdoor storage of materials or equipment visible from a public right-of-way is permitted; and
  5. Signage. There are no other signs other than a nameplate, not more than three square feet in area, only permitted as a wall-mounted sign and not internally illuminated; and
  6. Nuisance. The occupation does not or will not constitute a violation of any nuisance code; and
  7. Vehicle Storage. There is no exterior storage of vehicles other than those owned by members of the household residing on the premises; and
  8. Other. The Zoning Administrator shall identify and impose other conditions on the Home Occupation as determined by the specifics of the application in order to meet the intentions of this Ordinance and to protect the health, safety and general welfare of the City of Urbana.

TYPE C. A home-based occupation that may have an impact on the property beyond that associated with Home Occupation Types A and B or which exceeds the number of employees or daily visitors set forth in Section V-12.B, shall be required to obtain a Conditional Use Permit, in accordance with the procedures and criteria set forth in Section VII-2 of the Home Occupation Ordinance. Type C Home Occupations may include, but are not limited to, light assembly and packaging for internet sales, on-site sales of limited goods and services, greenhouses and plant sales, bicycle repair and sales, minor home auto repairs, group-based classes or instruction, or other occupations involving a higher volume of customers or clients than permitted under Type or B. 

PROHIBITED HOME OCCUPATIONS. Any activity which may use hazardous materials, or which otherwise may pose a hazard or nuisance to surrounding properties, shall be prohibited. Such uses may include, but are not limited to, exterminators, chemical-based lawn care, dry cleaning and medical diagnostic laboratories.

VEHICLE REPAIR. A home occupation involving vehicle repair shall be permitted as a home occupation only if subject vehicle(s) are repaired inside a garage and no inoperable vehicles are stored outside. Any vehicle to be repaired may not queue outside of the garage. Additionally, the garage must meet all applicable building and fire safety codes, and any such work may not violate any of the City’s nuisance codes and ordinances. Only minor automobile repairs as defined in Article II are permitted. Additionally, no major automobile repairs as defined in the Ordinance are permitted as a home-based occupation.

NUMBER OF HOME OCCUPATION PERMITS. More than one home occupation at a single premise may be permitted provided that the cumulative number of total employees and visitors do not exceed the restrictions set forth in Section V-12.B.

CERTIFICATES OF OCCUPANCY. Certificates of Occupancy for home occupations issued prior to February 1, 2016 not meeting the conditions of Section V-12.B shall be considered legally nonconforming.

SALE OF FIREARMS. The sale of firearms as a home occupation shall require approval of a site security plan by the Urbana Police Chief, or designee, with renewal every three years in compliance with Section VII-5.D.

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Created on: Friday, December 27, 2013 - 10:47
- Author - TeriA
- Contributors: SukiR