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Atlantic City, NJ

§ 163-67. Home occupations.

1. Purpose. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.

2. Authorization. Except as otherwise expressly provided or limited in this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation by the provisions of this section shall be determined by the Land Use Administrator pursuant to his authority to interpret the provisions of this chapter.

3. Definition. A "home occupation" is a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

4. Certificate of land use compliance required. No home occupation shall be established or maintained unless a certificate of land use compliance evidencing the compliance of such home occupation with the provisions of this section and other applicable provisions of this chapter shall have first been issued in accordance with Part 6, Article XXXVI, of this chapter.

5. Use limitations. In addition to all of the use limitations applicable in the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

   (1) Not more than one (1) person who is not a resident on the premises shall be employed, and then only as a clerical assistant.

   (2) No more than twenty-five percent (25%) or four hundred (400) square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.

   (3) No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.

   (4) No stock-in-trade shall be displayed or sold on the premises.

   (5) The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.

   (6) There shall be no outdoor storage of equipment or materials used in the home occupation.

   (7) Not more than one (1) vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times.

   (8) No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

   (9) No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

   (10) No sign, other than one (1) unlighted sign not over one (1) square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.

6. Particular home occupations permitted. Except as provided in Subsection G below, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through E of this section and, in particular, include, but are not necessarily limited to, the following list of examples:

   (1) Providing instruction to not more than two (2) students at a time, except for occasional groups.

   (2) Day care of not more than six (6) nonresident children.

   (3) Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.

   (4) Consultation or emergency treatment by a doctor or a dentist, but not the general practice of his profession.

   (5) Office facilities for ministers, priests and rabbis.

   (6) Office facilities for salesmen, sales representatives and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.

   (7) Studio of an artist, photographer, craftsman, writer, composer or similar person.

   (8) Shop of a beautician, barber, hair stylist, dressmaker, tailor or similar person.

   (9) Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.

   (10) The lettering for hire by a resident owner of rooming units for residential use for a total of not more than two (2) persons.

7. Particular occupations prohibited. Permitted home occupationsshall not, in any event, be deemed to include:

   (1) Nursing homes.

   (2) Funeral homes, mortuaries and embalming establishments.

   (3) Restaurants.

   (4) Stables, kennels or veterinary hospitals.

   (5) Tourist homes or the letting of more than two (2) rooming units.

   (6) Clinics, hospitals or the general practice of medicine or dentistry.

   (7) Clubs, including fraternities and sororities.

   (8) Instruction of more than two (2) students at a time except for occasional groups.

   (9) Day care for more than six (6) nonresident children.

   (10) Retail or wholesale businesses of any kind involving transactions on the premises.

Marshall, PA

§ 208-205. General requirements; restrictions.

The township shall have the right to inspect the home occupation and determine if the occupation is adhering to the requirements thereof. The home occupation shall meet the following requirements:

1. All proposed home occupation uses, including the expansion or replacement of an existing use or structure, shall conform to the performance standards below, as well as all other applicable laws and regulations of the county, state and federal government.

   (1) The home occupation and its associated structures shall conform to all applicable standards for the zoning district.

   (2) Home occupations shall be conducted entirely within the residence or within an accessory structure. The area used for the home occupation shall not exceed twenty-five percent (25%) of the gross floor area of the residence.

   (3) The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as to produce noise, dust, vibration, glare, smoke or smell, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located.

   (4) No use shall require internal or external construction features or the use of electrical, mechanical or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.

   (5) No outside storage of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed.

   (6) Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of home occupation. Items shall not be purchased off-site for resale.

   (7) To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.

   (8) The home occupation shall not employ more than one (1) nonresident employee.

   (9) Any need for parking generated by the home occupation shall be off-street and in the side or rear yard of the structure. The Zoning Officer shall determine the number of parking spaces required based on the parking provisions of this chapter.

   (10) No commercial vehicle shall be used in connection with the home occupation for delivery of goods to or from the premises, nor parked on the property. This provision does not preclude the delivery of mail or packages by the Postal Service or by private or public shipping and courier services. Home occupations shall not generate more than an average of one (1) truck delivery per day.

   (11) No more than one (1) home occupation per residence shall be allowed and it must be conducted by the occupant.

   (12) Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwelling units.

2. The following uses are not appropriate as home occupations and are not permitted:

   (1) Vehicle or boat repair or painting.

   (2) Construction equipment or materials storage.

   (3) Equipment or vehicle rental.

   (4) Furniture sales.

   (5) Funeral director, mortuary or undertaker.

   (6) Glazier's or painter's shop.

   (7) Heating, plumbing or air-conditioning services.

   (8) Laboratory or taxidermy shop.

   (9) Medical or dental clinic.

   (10) Private club.

   (11) Restaurant.

3. The following is a nonexhaustive list of uses which may be conducted as home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the Zoning Officer.

   (1) Art, handicraft, music, writing, photography or similar studios.

   (2) Direct sale product distribution (Amway, Avon, Tupperware, etc.).

   (3) Dressmaker, seamstress, tailor.

   (4) Hair cutting and styling.

   (5) Home typing or computing services.

   (6) Mail-order sales.

   (7) Nonprincipal offices of physician, dentist, veterinarian, insurance agent, real estate or similar professions which typically serves several clients on a daily basis.

   (8) Offices of accountant, architect, engineer, surveyor, land planner, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, personal consultant, tradesman or similar professional which typically serves several clients on a daily basis.

   (9) Repair of small appliances, small engines and limited machining of small parts, office machines, cameras and similar small items.

   (10) Sale of produce and seasonal trees (roadside stands subject to further provisions).

   (11) Telephone sales and order-taking.

   (12) Tutor.

   (13) Day care, subject to Pennsylvania Department of Public Welfare guidelines.

Penn Yan, NY

§ 202-56. Home occupation. [Amended 7-16-1996 by L.L. No. 4-1996]

A home occupation, as defined in this chapter, may be permitted, provided that such use is not specifically prohibited. Such use shall conform to the following standards, which shall be minimum requirements:

1. No more than twenty-five percent (25%) of the total floor area of a dwelling unit or five hundred (500) square feet, whichever is the lesser, may be used for such use.

2. The use shall be carried on wholly within the enclosed walls of the dwelling unit or an accessory building.

3. There shall be no external evidence of such use except for one (1) sign not exceeding two (2) square feet in area mounted flush with and on the front facade of the dwelling unit. No stock, merchandise, equipment or displays of any kind shall be visible outside the dwelling unit or accessory building.

4. No external structural alterations which are not customary to a residential building shall be allowed.

5. The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.

6. Use that involves primarily catalog sales or order processing and which does not involve volumes of stock or merchandise being distributed at the site may be deemed a home occupation, subject to the provisions hereof, provided that such use meets the intent of all standards set forth herein.

7. Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use.

8. The following uses and other uses similar in character shall not be considered to meet the intent of this section:

   (1) Vehicle engine repair.

   (2) Vehicle body work.

   (3) Veterinary hospital; kennel.

   (4) Bar and restaurant.

   (5) Any use that is not permitted in a Type 5 (wood frame) building construction under the New York State Uniform Fire Prevention and Building Code.

Millinocket, MA

~125-54. Home occupations. [Amended 8-4-1994 by Ord. No. 4-94]

1. Purposes. The purposes of these home occupation provisions are in recognition of:

   (1) The need to protect market value of existing residential properties;

   (2) The need to guarantee existing residential property owners freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects from commercial-type activities being conducted in residential areas;

   (3) The need of some citizens to use their place of residence for limited commercial type activities to produce or supplement personal or family income;

   (4) The fact that certain limited home occupational uses can be useful to both the community as well as the residential-proprietor;

   (5) The fact that the nature of the investment or operation of some activities have a pronounced tendency once started to rapidly increase beyond the limits permitted and thereby impair the use and value of residentially zoned areas for residential purposes; and

   (6) The town's obligation to protect the integrity of its residential areas from activities which detract from the residential character of a neighborhood and infringe upon the rights of neighborhood residents.

2. General limitations. Uses permitted as home occupations shall be limited as follows:

   (1) Uses that are limited in extent;

   (2) Uses that are clearly incidental and subordinate to the use of the premises for residential purposes;

   (3) Uses that do not substantially change the appearance or condition of the residence or accessory structure;

   (4) Uses that are compatible with neighboring residential uses; and

   (5) Do not detract from the residential character of the neighborhood.

3. Definitions. As used in this section, the following terms shall have the meanings indicated:

   HOME OCCUPATION -- Any use of a legally existing residential property which is consistent with the limitations established in Subsection B above and which is in compliance with the performance standards established in Subsection D below. Uses which are not consistent with the limitations established in Subsection B above and/or which are not in compliance with the performance standards established in Subsection D below shall not be registered as a home occupation or be issued a permit as a home occupation. Such activities shall be considered by definition either a conforming or a nonconforming commercial activity.

4. Performance standards. In any legally existing dwelling unit or accessory structure, home occupations may be conducted, provided that they are in compliance with the applicable requirements of Article VIII and the following performance standards:

   (1) Number allowed per residential unit. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one (1) home occupation.

   (2) Appearance. In no way shall the appearance of theresidential structure or the premises be altered by a home occupation, and in no way shall the home occupation be conducted such that the structure or premises differs from its residential character by the use of colors, materials, premises layout, construction or lighting.

   (3) Garage sales and yard sales. Home occupations do not include garage sales and yard sales.

   (4) Home occupations involving classes or instruction. If the home occupation is the type in which classes or instruction is given, there shall be no more than four (4) students or pupils in the dwelling unit or on the premises at any one (1) time, provided that the Planning Board may grant specific conditional approval of a reasonable number of additional students if it is found that the additional students will not generate additional motor vehicle traffic. This requirement limiting class size shall not be construed to prohibit occasional exceptions for events such as recitals, demonstrations and other similar gatherings.

   (5) Retail sales limited. Retail sales, on premises, shall be prohibited except for the retail sales of merchandise, products, supplies or goods produced or fabricated on the premises as a result of the home occupation, provided that incidental retail sales may be made in connection with other permitted home occupations. (Examples: a single-chair beauty parlor would be allowed to sell combs, hair spray and other miscellaneous items to customers. A dressmaker would be permitted to sell only clothing produced or fabricated on site and would not be allowed to purchase stocks of dresses for sale to the general public on-site.)

   (6) Number of employees.

   (a) Not more than one (1) person other than members of the immediate family permanently residing on the premises shall be employed, on a full-time or part-time basis, in the home occupation, except that the Planning Board may grant specific conditional approval of up to two (2) additional persons to be employed on a part-time basis for periods not to exceed three (3) months if it is found that the additional persons will not generate additional motor vehicle traffic.

   (b) Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities carried on off the premises, may have more employees if they are not employed on the premises.

   (7) Space/floor area devoted to home occupation. A home occupation shall be conducted only within the dwelling unit or an accessory building and shall not occupy more than fifty percent (50%) of the combined total floor area of the dwelling unit and accessory buildings on the premises, excluding any unenclosed areas such as decks and open porches, etc.

   (8) Outdoor display and storage. There shall be no outside operations, storage or display of products, materials, goods, supplies or equipment associated with the home occupation without the specific conditional approval of the Planning Board based upon a determination that such out-of-doors operation can be accomplished without adverse impact to adjoining properties and the traveling public, except that samples of goods sold or job-related materials may be carried in vehicles used for business purposes.

   (9) Off-street parking. The home occupation shall not require more than two (2) on-street parking spaces, for clients or customers, in addition to the off-street parking spaces available to the residence. The two (2) on-street spaces shall be limited to parking within the street frontage of the residence.

   (10) Home deliveries.

   (a) Home occupations shall not involve the use or storage of tractor trailers, semi-trucks or heavy equipment such as fuel trucks, logging or construction trucks or equipment.

   (b) Deliveries shall not exceed those normally and reasonably occurring from a residence and shall not include more than an average of four (4) deliveries of products or materials per day.

   (c) At any one (1) time only one (1) commercial vehicle associated with the activities of the home occupation may be parked on-street near the premises for more than one (1) consecutive hour.

   (11) Signs.

   (a) There shall be no signs related to the home occupation present on the property, except one (1) flush-mounted wall sign, not over three (3) square feet in area, indicating only the address and occupant's name and occupation.

   (b) The Planning Board may grant specific conditional approval of larger signs and non-flush-mounted signs upon a determination that a sign would not detract from the essential residential appearance of the particular dwelling and is consistent with the character of the zone in which it is located.

   (c) Flush-mounted wall signs in existence prior to January 1, 1993, shall be considered as a legally existing nonconforming sign and shall not be used as a basis for not registering a use as a home occupation.

   (12) Adverse impacts.

   (a) A home occupation shall not be permitted to produce any offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines shall constitute a violation of the terms of this provision.

   (b) Home occupations which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors or other circumstances shall not be approved.

   (13) Hours of operation. In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 9:00 p.m.

5. Administrative procedures.

   (1) Registration required. All home occupations established, operated or maintained in the Town of Millinocket are required to register with the Code Enforcement Officer, as follows:

   (a) Existing home occupations. Within six (6) months of the effective date of this provision all existing home occupations are required to register.

   (b) Registration forms. Applications to register a home occupation shall be on forms provided by the Code Enforcement Officer.

   (c) Registration limited. Uses which do not meet the definition of a home occupation, as provided in Subsection C above, shall not be registered as a home occupation.

   (d) Failure to register. A failure to register as required in Subsection E(1)(a) above shall be deemed abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, that home occupation will be required to obtain a permit and treated as though it were a new home occupation.

   (2) Permits required. Prior to the establishment of a new home occupation after the effective date of this provision, the owner of the residential property shall apply for a permit from the Code Enforcement Officer pursuant to § 125-93F.

   (a) Application forms. Applications for a home occupation permit shall be on forms provided by the Code Enforcement Officer.

   (b) Permits limited. Permits for home occupations are limited as follows:

   [1] Permits for home occupations shall be granted to a designated person who resides at the residential address.

   [2] Permits for home occupations are not transferable from person to person or from address to address.

   [3] Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, the surviving spouse or child residing at the same address may continue the permit upon notice to and written authorization from the Code Enforcement Officer.

   [4] In cases where an application is considered not to be in compliance with the home occupation performance standards, the application will be denied.

   (c) Revocation of a permit. The Code Enforcement Officer may revoke any home occupation permit for noncompliance with the criteria set forth in this Part 2. If the permit is revoked, such home occupation use shall be terminated.

   (d) Compliance with other applicable statutes and standards. Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.

   (e) Inspections.

   [1] Initial inspection. The premises to be used for a home occupation shall be inspected by the Code Enforcement Officer prior to any approval or registration of a home occupation permit.

   [2] Compliance inspections. Home occupation applicants shall permit a reasonable inspection of the premises by the Code Enforcement Officer or designee to determine compliance with this Part 2.

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