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CHAPTER 155: ZONING Page 3 of 4 <br />(i) No home occupation shall -be conducted between the hours of 10:00 p.m. and 7:00 a.m. <br />unless the occupation is contained entirely within the principal building and will not require any <br />on -street parking facilities. <br />(2) Requirements permitted home occupations. The following restrictions shall apply to <br />permitted home occupations: <br />(a) No person other than those who constantly reside on the premises shall be employed. <br />(b) All permitted home occupations shall be conducted entirely within the principal <br />dwelling and may not be conducted in attached or detached accessory buildings. <br />(c) Permitted home occupations shall not create a parking demand in excess of that which <br />can be accommodated in an existing driveway. <br />(d) Examples of permitted home occupations include: art studios, dressmaking, <br />secretarial services, professional offices, teaching with musical, dancing, and other instructions <br />which consist of no more than one pupil at a time, and a day care facility, not serving more than <br />12 children, as licensed by state statutes. <br />(e) The permitted home occupation shall not involve any manufacturing which requires <br />equipment other than found in a dwelling; teaching which customarily consists of more than one <br />pupil at a time; or over-the-counter sale of merchandise produced off the premises, except for <br />those brand name products that are not marketed and sold in a wholesale or retail outlet. <br />(3) Requirements —special home occupations. The following restrictions shall apply to <br />special home occupations: <br />(a) No person other than a resident shall conduct the home occupation, except where the <br />applicant can satisfactorily prove unusual or unique conditions or need for non-residential <br />assistance and that this exception would not compromise the intent of this chapter. <br />(b) All special home occupations shall be conducted entirely within the principal dwelling <br />and may not be conducted in accessory buildings. <br />(c) Examples of special home occupations include: barber and beauty services, <br />photography studios, group lessons, saw sharpening, small appliance, small engine repair, and <br />the like. <br />(d) The home occupation may involve any of the following: stock -in -trade incidental to <br />the performance of the service, repair or manufacturing which requires equipment other than <br />customarily found in a home, the teaching with musical, dancing, and other instruction of more <br />than one pupil at a time. <br />(e) Special home occupations may be allowed to accommodate their parking demand <br />through utilization of on -street parking. In such cases where on -street parking facilities are <br />necessary, however, the City Council shall maintain the right to establish the maximum number <br />of on -street spaces permitted and increase or decrease that maximum number when and where <br />changing conditions require additional review. <br />(E) Nonconforming uses. Existing home occupations lawfully existing on the date of this <br />chapter may continue as nonconforming uses. They shall, however, be required to obtain <br />permits for their continued operation. Any existing home occupation that is discontinued for a <br />http://wvvw.amlegal.com/alpscripts/get-content.aspx <br />12/9/2013 <br />