Within the R-1, R-2, R-3 and MUN Districts, home occupations may be established in a lawfully existing residential dwelling, subject to the following conditions:
A. A home occupation that will be administered or conducted without customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use, shall be considered a "no-impact home-based business." Such uses shall be permitted by right and do not require a zoning permit, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community. The business or commercial activity must satisfy the following requirements:
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood, and all business activities shall conform with performance standards contained in
Article XIX: Performance Standards.
(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with the residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
B. A home occupation that does not meet all the requirements of a no-impact home-based business may only be established by special exception granted by the Zoning Hearing Board. Such home occupations with impact may only deviate from the requirements to establish a no-impact home-based business in the following manner:
(1) A barbershop or beauty shop shall not include any nonresident employees, and all other home occupations with impact shall be limited to one nonresident employee. Where more than one home occupation with impact is proposed within a residential dwelling, there shall be no more than one employee for the sum of all home occupations.
(2) Sale of retail goods may not involve any display of goods visible outside of the dwelling.
(3) Changes to the outside appearance of the home are limited to provision of required off-street parking, in accordance with
Article XXIV: Off-street Parking of this chapter, erection of signs by special exception, in accordance with
Article XXV: Signs of this chapter, and means of egress lighting, in accordance with
Chapter 70: Building Construction and Safety Standards.
(4) Any sewage discharge which deviates from the volume or type which is normally associated with a residential use shall be permitted if the residential property is served by a public sewer system, subject to approval and conditions imposed by the authority having jurisdiction over the sewer system.
(5) The business activity may not occupy more than 25% of the gross floor area of the dwelling. Where more than one home occupation with impact is proposed within a residential dwelling, the total floor area used for all such uses shall be contained within the twenty-five-percent limit specified herein.
(6) Bed-and-breakfast establishments meeting the following criteria shall be considered home occupations:
(a) Sleeping accommodations shall be located only within the principal dwelling and shall be limited to no more than five rooms for rent, with a total size not to exceed 35% or 1,250 square feet of the dwelling, whichever is less.
(b) No more than 10 adult guests may be accommodated at any one time. The length of stay per guest is limited to 15 consecutive days.
(c) Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment.
(d) No more than one bed-and-breakfast establishment is permitted per lot.
C. Applicants for a special exception to establish a home occupation shall demonstrate compliance with all applicable provisions of
§ 220-165A and
§ 220-165B and
§ 220-269D.