The following regulations set forth in this chapter shall govern the operation of all home occupations.

(Ord. 53 § 200-1 (part), 1978)

Home occupations as defined by this title shall be permitted in any residential structure in any residential zone or any other zone which permits dwellings if such home occupations fully satisfy the criteria set forth in this chapter.

(Ord. 175 § 1(C), 1982: Ord. 53 § 200-1, 1978)

Editor's Note: Ordinance 175 added a new section numbered 200-1 to Ordinance 53.

A.

Initiation. Applications for conditional home occupation permits may be initiated by the property owner or his designated representative.

B.

Applications, specifying the intended use, are submitted to the zoning enforcement officer.

C.

The zoning officer may request that the applicant provide such additional information and specifications as may be necessary to evaluate the application.

(Ord. 175 § 1(D), 1982: Ord. 53 § 200-2, 1978)

The following regulations shall govern the operation of all home occupations:

A.

A home occupation shall not be permitted if it violates any other section of this title;

B.

There shall be no structural alteration to accommodate the home occupation. Entrance to the space devoted to the occupation shall be from within the residence except where otherwise required by law;

C.

The use area for a home occupation, including all storage space, shall not occupy more than twenty-five percent of the total floor area of either the residence and/or any garage or accessory building. Garage or accessory buildings shall only be used in conjunction with the home occupation for storage or incidental activities directly related to the home occupation and in no case shall auto repair, auto painting or other auto related activities be permitted;

D.

Members of the family who reside on the premises and one employee in addition to members of the family involved in the home occupation and in any case no more than two persons in any dwelling unit shall be engaged in said occupation;

E.

There shall be no outside storage of materials, products, machinery, equipment or vehicles associated with said home occupation;

F.

There shall be no window display nor shall sample commodities be displayed;

G.

Commercial advertising, which includes but is not limited to advertising in:

(1)

the yellow pages in a telephone directory;

(2)

a newspaper;

(3)

professional journals;

(4)

trade journals or hobby journals, is restricted to those home occupations where such advertising will not generate any additional pedestrian or vehicular traffic, noise, or other impact on the residential areas in which they are located.

All other home occupations may advertise only in the classified section of the newspaper.

In all cases, only one nonluminous sign, not exceeding one square foot in area, bearing the name and occupation of the resident and placed flat against the residence is permitted;

H.

Sale of products produced or directly resulting from an approved home occupation may be permitted subject to the approval of a conditional use permit by the zoning board of adjustment, wherein it is clearly demonstrated and zoning board finds that such sales activities will not be detrimental to the residential character of the property in question or the surrounding residential neighborhood.

In approving the request for sales, the zoning board of adjustment may impose appropriate conditions necessary to mitigate impacts to the residential character of the neighborhood.

Home occupations involving mail order sales shall not require a conditional use permit, providing such activities comply with all other requirements of this title;

I.

No materials or mechanical equipment shall be used which will be detrimental to the residential use of said residence or surrounding residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor;

J.

Materials or commodities delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial motor vehicle or a trailer, or the parking of customer's automobiles in a manner or frequency causing disturbance or inconvenience to nearby residences or so as to necessitate a public parking lot shall be prima facie evidence that the occupation is a primary business and not a home occupation;

K.

There shall be only one vehicle used for commercial purposes related to the home occupation for each dwelling unit;

L.

Examples of uses which might normally satisfy the above criteria are: custom floristry; professional services; dressmakers; photographers; raising of tropical and similar fish; watch repairing; repair of small household appliances and hand carried radios and television sets; and similar uses. The following uses shall not be deemed home occupations: nursing homes; massage parlors; tea rooms; tourist homes; woodworking and cabinet shops; repairing of large household appliances (such as washers and stoves); furniture and cabinet size radios and television sets; and similar uses.

(Ord. 216 § 1(A), 1984; Ord. 175 § 1(E), 1982: Ord. 53 § 200-3, 1978)

Within seven days after the receipt of the application, the zoning officer shall:

A.

Deny the application and give the reason for denial, in writing, to the applicant; or

B.

Approve the application and issue a zoning compliance certificate with conditions specified thereon.

(Ord. 175 § 1(F), 1982: Ord. 53 § 200-4, 1978)

Appeals of the zoning officer's decision may be made to the Butte-Silver Bow zoning board of adjustment as outlined in Section 17.54.080, Right of appeal, of this title.

(Ord. 175 § 1(G), 1982: Ord. 53 § 200-5, 1978)

Any violation of the provisions of this chapter governing home occupations, may be cause for revocation of zoning compliance certificate after a hearing before the zoning board of adjustment.

(Ord. 175 § 1(H), 1982: Ord. 53 § 200-6, 1978)

Examples of uses which might normally satisfy the criteria set forth in this chapter are: barbers; custom floristry; beauticians; professional services; dressmakers; photographers; raising of tropical and similar fish; watch repairing; repair of small household appliances and hand-carried radios and television sets; and similar uses. The following uses shall not be deemed home occupations: nursing homes; massage parlors; tearooms; tourist homes; woodworking and cabinet shops; repairing of large household appliances (such as washers and stoves), furniture and cabinet size radios and television sets; and similar uses.

(Ord. 53 § 200-1(I), 1978)