The purpose of this chapter is to prevent unfair competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. (Ord. 1988-12, 12-19-1988)

Subject to the nonconforming use provisions of this ordinance, all occupations conducted in the home shall comply with the provisions of this chapter. This chapter shall not be construed, however, to apply to home occupations accessory to farming. (Ord. 1988-12, 12-19-1988)

   A.   Permitted Home Occupation: Any permitted home occupation, as defined in this chapter, shall be a permitted accessory use without requiring the issuance of a city license provided they comply with the performance standards of subsections 1600.4A and B of this chapter.

   B.   Special Home Occupation: Any home occupation which does not meet the specific requirements for a permitted home occupation, as defined in this chapter, shall require a special home occupation license. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee as established in section 3-1-3 of the city code. If the administrator denies a special home occupation license to an applicant, the applicant may appeal the decision to the city council, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license.

   C.   Declaration Of Conditions: The zoning administrator may impose such conditions of the granting of a special home occupation license as may be necessary to carry out the purpose and provisions of this chapter.

   D.   Effect Of License: A special home occupation license may be issued for a period of one year, after which the license may be renewed for periods of up to three (3) years each. Each application for license renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation license.

   E.   Lapse Of Special Home Occupation License By Nonuse: Whenever, within one year after granting a license, the use as permitted by the license shall not have been initiated, then such license shall become null and void unless a petition for extension of time in which to complete the work has been granted by the council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original license. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the planning commission for a recommendation and to the council for a decision.

   F.   Reconsideration: Whenever an application for a license has been considered and denied by the council, a similar application for a license affecting substantially the same property shall not be considered again by the planning commission or council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four- fifths (4/5) vote of the entire city council.

   G.   Reiteration Of License: An applicant shall not have a vested right to a license renewal by reason of having obtained a previous license. In applying for and accepting a license, the license holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the license and that a license renewal will not be needed to amortize the investment. Each application for the renewal of a license will be reviewed without taking into consideration that a previous license has been granted. The previous granting or renewal of a license shall not constitute a precedent or basis for the renewal of a license. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2014-03, 2-3-2014; Ord. 2017-01, 1-3-2017)

All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions:

   A.   General Provisions:

      1.   No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

      2.   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

      3.   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

      4.   No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

      5.   There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

      6.   The home occupation shall meet all applicable fire and building codes 1 .

      7.   There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of the city code relating to signs 2 .

      8.   All home occupations shall comply with all Albertville city regulations.

      9.   No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. unless said occupation is contained entirely within the principal building and will not require any on street parking facilities.

      10.   Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parking closer than fifteen feet (15') from the curb line or edge of paved surface.

   B.   Requirements; Permitted Home Occupation:

      1.   No person other than those who customarily reside on the premises shall be employed.

      2.   All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building.

      3.   Permitted home occupations include, and are limited to: art studio, dressmaking, secretarial services, state licensed daycare facilities serving fourteen (14) or fewer persons, foster care, professional offices and teaching with musical, dancing and other instructions which consists of no more than one pupil at a time, and similar uses.

      4.   The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a home; teaching which customarily consists of more than one pupil at a time; over the counter sale of merchandise produced off the premises.

   C.   Requirements; Special Home Occupation:

      1.   No person, other than a resident, shall conduct the special home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent of this ordinance.

      2.   Examples of special home occupations include: barber and beauty services, state licensed daycare facilities serving fourteen (14) or fewer persons with two (2) or more employees, photography studio, group lessons, saw sharpening, small appliances and small engine repair and the like.

      3.   The special home occupation may involve any of the following: stock in trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time.

      4.   Special home occupations may be allowed to accommodate their parking demand through utilization of on street parking. In such case where on street parking facilities are necessary, however, the council shall maintain the right to establish the maximum number of on street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2014-03, 2-3-2014)

Existing home occupations lawfully existing on the effective date hereof may continue as nonconforming uses. They shall, however, be required to obtain licenses for their continued operation. Any existing home occupation that is discontinued for a period of more than one hundred eighty (180) days, or is in violation of the provisions of this ordinance under which it was initially established, shall be brought into conformity with the provisions of this chapter. (Ord. 1988-12, 12-19-1988)

The city hereby reserves the right upon issuing any home occupation license to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-1700