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0709 Major Home Occupation 2012CITY OF CHUBBUCK, IDAHO ORDINANCE NO. � V AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 18.12.030 (G) OF THE CHUBBUCK MUNICIPAL CODE TO ALLOW A MAJOR HOME OCCUPATION TO HAVE UP TO ONE EMPLOYEE THAT IS NOT AN INHABITANT OF THE DWELLING; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 18.12 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Section 18.12.030 (G). Section 18.12.030 (G) of the Chubbuck Municipal Code is amended to read as follows: G. Home Occupations: 1. Minor Home Occupations: The following regulations shall apply to all minor home occupations: a. The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others. b. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises. c. No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation. d. There shall be no advertising, display, or other indications of a home occupation on the premises. e. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks are not allowed, but a person may pick up an order placed earlier as described above. f. No storage or display of goods shall be visible from outside the structure. g. No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. Ordinance - Page 1 Chubbuck 122711 home occ ord.wpd h. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. i. Parties for the purpose of selling merchandise or taking orders shall not be held more than four (4) times each month. j. A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated. k. No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed. 1. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than seventy two (72) consecutive hours. in. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation. n. Permitted minor home occupations, providing the above regulations are met, include, but are not necessarily limited to, the following: (1) Artists and sculptors; (2) Authors and composers; (3) Home crafts for sale off site; (4) Office facility of a salesman, sales representative or manufacturer's representative or professional provided that no transactions are made in person on the premises; (5) Individual tutoring; (6) Catering, preserving and cooking for sale off site; (7) Individual instrument instruction provided that no instrument may be amplified; and (8) Telephone solicitation work. o. The uses specified below shall not be permitted as minor home occupations: (1) All uses prohibited as major home occupations; (2) Minor or major auto repair; (3) Barbershop; (4) Carpentry work; (5) Dance instruction; (6) Dental offices; Ordinance - Page 2 chubbuck 122711 home occ ord.wpd (7) Medical offices; (8) Painting of vehicles, trailers or boats; (9) Photo developing or photo studios; (10) Private schools with organized classes; (11) Television repair; (12) Upholstering; (13) Beauty parlors; (14) Small engine repairs; (15) Welding shop; (16) Other similar uses; and (17) Any use which changes or may change the character of the neighborhood. 2. Major Home Occupations: The following regulations shall apply to all major home occupations: a. The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no more than one (1) employee that is not an inhabitant of the dwelling hers. Notwithstanding this restriction, a daycare provider operating as a home occupation under this chapter, in addition to one employ may use a licensed daycare employee or licensed volunteer that is not an inhabitant of the home on a temporary basis when the daycare provider must be absent from the home. "Temporary", as used herein, shall be for not more than fourteen (14) consecutive days. b. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations. c. No more than twenty five percent (25%) of the floor area of the dwelling may be used for the home occupation. d. There shall be no signs present on the property except for one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal structure. e. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations; for example, a single chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site. Ordinance - Page 3 chubbuck 122711 home occ ord.wpd f. There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. g. No significant traffic shall be generated by such home occupation. Any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in subsection I of this section and shall not be located in a required front yard. h. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation. i. Parties for the purpose of selling merchandise or taking orders shall not be held more often than four (4) times each month. j. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than once each month, and each sale shall not last more than seventy two (72) consecutive hours. k. Permitted major home occupations, provided the above regulations are met, shall include, but are not necessarily limited to, the following: (1) Any use allowed as a minor home occupation; (2) Single chair beauty parlors and barbershops; (3) Photo developing and photo studios; (4) Organized classes with up to six (6) students at one time; (5) Television and other electrical repairs excluding major appliances such as refrigerators or storage; (6) Small engine repairs, excluding major automobiles, motorcycles and snowmobiles; (7) Upholstering; (8) Dressmaking; (9) Woodworking excluding cabinetmaking; (10) Trained massage therapists; and (11) Daycare. 1. The uses specified below shall not be permitted as home occupations: (1) Minor or major auto repair, painting of vehicles, trailers or boats; (2) Funeral chapel or home; (3) Gift shop; Ordinance - Page 4 chubbuck 122711 home occ ord.wpd (4) Medical or dental clinic; (5) Rental businesses; (6) Catering; (7) Massage parlors; (8) Welding or machine shops; and (9) Any use which changes or tends to change the character of the neighborhood. in. A trained massage therapist as used in subsection G2k of this section shall meet the following requirements: (1) Successfully complete a course of training at a massage therapy school that is either approved or certified by the state of Idaho. (2) Have completed a minimum of three hundred (300) hours of training in massage therapy. (3) Have in force at all times an insurance for professional misconduct (commonly known as malpractice insurance) with a minimum liability limit of not less than one hundred thousand dollars ($100,000.00). Proof of insurance shall be provided to the city upon application for a permitted home occupation and shall be provided at any time by request of the city or when requested by a city official. (4) The certificate of completion of course training shall be displayed in a conspicuous place at the place of business at all times. 3. Permit Procedures For Major Home Occupations: a. Any person applying for a permit for a major home occupation shall make application as set forth in this title; provided, however, that person shall, on an application form provided by the city, list the names and addresses of all owners of record and known occupants of property within the external boundaries of the land being considered and, from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street. b. If all of the above described owners or occupants sign applicant's application for a major home occupation permit, then said permit shall be granted. If any occupant or owner of record refuses to sign, then applicant shall be required to seek the issuance of a conditional use permit for the major home occupation. Ordinance - Page 5 chubbuck 122711 home occ ord.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of Pervc`i , 2012. WN S ven M. England, M40ir ATTEST: Pic �41_14 4111t ex �tl Richard Morgan,1 Clerk Ordinance - Page 6 chubbuck 122711 home occ ord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 NT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 LAMOFAX: (208) 232-5962 JACK N RO NES THOMAS J. BISONHOLME-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 December 27, 2011 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed is an original of the home occupation ordinance I've forwarded to Paul to put on the January land use agenda for discussion to allow a home occupation to have up to one employee that's not an inhabitant of the premises. Sincerely, Thomas J. Holmes TJH/ah chubbuck122711.12.wpd Enclosure cc Paul Andrus Steve Smart