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<br />on-site sales; no on-site parking of com-
<br />mercial vehicles; and no more than three
<br />client contacts in the home per week. This
<br />does not include on-site manufacturing,
<br />warehousing, and sales, or home occupa-
<br />tions which employ anyone not related by
<br />blood or marriage to the business owner,
<br />or who does not reside on the premises.
<br />
<br />2. Home crafts. Creating or manufacturing an
<br />item, including, but not limited to, dress-
<br />making, knitting, the manufacture of
<br />crafts, woodworking, drawing, painting,
<br />and sculpting. This does not include those
<br />home occupations which employ more
<br />than one person not related by blood or
<br />marriage to the business owner, orwho
<br />does not reside on the premises. No more
<br />than three client contacts in the home per
<br />week are permitted.
<br />
<br />3. In.home sales ond service. A home occupa-
<br />tion that does not meet the definition of
<br />"office in the home" or "home crafts" but
<br />does not include those home occupations
<br />that employ more than one person not
<br />related by blood or marriage to the business,
<br />owner, or who does not reside on the prem-
<br />ises.
<br />
<br />4. Home-based business. Any home occupa-
<br />tion th.'lt"employs more than one person
<br />not related by blood or marriage to the
<br />business' owner or who does not reside on
<br />the premises.
<br />
<br />Some municipalities choose to list the
<br />types of business uses that do not qualify for
<br />home occupation status 'in the jurisdiction. For
<br />example, the ordinance for the City of
<br />Deephaven, Minnesota, provides the following
<br />prohibited home occupations: service, repair,
<br />or painting of any motorized vehicle, includ-
<br />ing, but not limited to, motor vehicles, trailers,
<br />boats, personal watercraft, recreation vehi-
<br />cles, and snowmobiles; dispatch centers;
<br />medical or dental clinics: rental businesses;
<br />contracting, excavating, welding, or machine
<br />shops; commercial kennels and veterinary
<br />clinics; tow truck services; the sale, lease,
<br />trade, or other transfer of firearms or ammuni-
<br />tion; sale or use of hazardous materials in
<br />excess of consumer quantities packaged for
<br />consumption by individual households for
<br />personal care or household use: and any
<br />other Use of residential property deemed
<br />detrimental or inconsistent with the residen-
<br />tial character of the neighborhood.
<br />
<br />58
<br />
<br />METHODS OF REGUI.ATING HOME
<br />OCCUPATiONS
<br />While zoning ordinances may allow a limited
<br />number of home occupations as-of-right in
<br />specific districts, this approach does not
<br />appropriately balance quality-of-Iife consider-
<br />ations for all district residents. Some home
<br />occupations leave neighbors unaware that the
<br />residence contains a business. Other uses
<br />may attract cars and delivery trucks and could
<br />involve signage on residential property that
<br />could raise legitimate neighborhood con-
<br />cerns. Other municipalities may deal with
<br />home occupations by considering requests on
<br />a case-by-case basis through the zoning vari-
<br />ance process. The granting of use variances
<br />for home occupations may not meet statutory
<br />and common law, tests for this type of relief.
<br />Preferably, municipalities should allow home-
<br />based business uses through performance
<br />standards.
<br />
<br />In Ames, Iowa, the special use permit
<br />application lists the regulations and asks that
<br />the applicant explain in writing how the pro-
<br />posed home occupation use meets those
<br />standards. Doing so educates applicants,
<br />arguably promoting greater compliance.
<br />Some municipalities separate home
<br />occupations by categories, whereby one cate-
<br />gory requires special use permit review, but
<br />another does not. For example, the Town of
<br />Princetown, New York, designates minor and
<br />major home occupations. It appears from the
<br />list (doctors, artists, lawyers, plumbers, and
<br />instructors of dance, music, or art) that minor
<br />occupations attract small amounts of traffic
<br />while major occupations attract greater num-
<br />bers of people at one time. Major home occu-
<br />pations, such as repair shops, offices of doc-
<br />tors who see patients, and hair salons, may
<br />create a nuisance or alter the residential
<br />appearance of the neighborhood. Focusing on
<br />
<br />
<br />Spedal use permits-standards and
<br />requirements. As-of-right means that as long as
<br />the business meets all specified limitations the
<br />applicant will receive the requested permit.
<br />Special use penmits (sometimes referred to as
<br />special exceptions) grant those uses generally
<br />compatibie with other uses in the district. To be
<br />certain, the board adds another layer of criteria
<br />for review. Review discretion in these cases
<br />remains limited to the criteria set forth in the
<br />zoning ordinance.
<br />
<br />these differences. the town established differ-
<br />ent standards of review for each category_
<br />Perfarmance standards. Zoning can
<br />effectively manage the surge in home-based
<br />businesses by developing performance stan-
<br />dards to regulate home occupations. Munici-
<br />palities can employ a variety of standards to
<br />accomplish local goals and reduce the
<br />amount of litigation. Some municipalities reg-
<br />ulate zoning by limiting negative effects such
<br />as signage; traffic; number of employees;
<br />
<br />ZONINGPnAG,c;: 9.06
<br />AMERICAN PlANNING ASSOCIATION I page 4
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