The purpose of this section is to establish guidelines for the establishment and operation of home occupation in the city. It is intended that the operation of these activities be compatible with the integrity of the surrounding area by not creating adverse impacts such as additional traffic, or noise.

(Ord. No. 97-3418, § 1, 1-5-98)

The goals of this section are:

(1)

To maintain the integrity of the city's residential neighborhoods.

(2)

To have strict and enforceable criteria for the establishment and operation of home occupations in residential neighborhoods in the city.

(3)

To make adequate provisions to allow for home occupations in the city.

(Ord. No. 97-3418, § 1, 1-5-98)

(a)

Usage. For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

(1)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense.

(2)

Words used in the plural number include the singular.

(3)

The word "herein" means "in these regulations."

(4)

The word "regulations" or "these regulations" mean "Chapter 25 of the Code of the City of Decatur, Alabama."

(5)

The word "person" includes a corporation, a partnership, an incorporated association of persons such as a club, or any other legal entity.

(6)

The word "shall" is always mandatory.

(7)

The word "may" is always discretionary.

(8)

The words "building" or "structure" includes any part thereof.

(9)

The words "used" or "occupied" as applied to any land or building shall be construed to include the word "intended, arranged, or designed to be used or occupied."

(b)

Terms defined.

(1)

Home occupations: Any use conducted in a residential zoning district (including but not limited to PRD, R-1, R-2, R-3, R-4, R-4.0, R-5, R-5.0, R-6, including the districts with the historic designation, et.) other than those permitted uses enumerated in section 25-10, section 25-10.1, section 25-10.2, section 25-10.3, section 25-10.5 and section 25-10.6 of the Code of Decatur, and subject further to the following restrictions:

a.

The use is customarily conducted entirely within the principal building (dwelling unit).

b.

The use is carried on by the inhabitants of the principal structure and no others.

c.

The use is clearly incidental and secondary to the use of the permitted dwelling for residential purposes.

d.

The appearance of the dwelling shall not be altered by the home occupation within the dwelling.

e.

The home occupation shall not be conducted in a manner which would cause the dwelling to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or emission of sounds or vibrations that carry beyond the premises as regulated by the sound ordinance in section 7-281 of the Code of Decatur.

f.

Examples of home occupations include, but are not limited to the following:

1.

Artists and sculptors;

2.

Authors and composers;

3.

Home crafts for off-site sales;

4.

Office of sole proprietor business, including professionals;

5.

Individual tutoring;

6.

Music lessons for individual instruction; and

7.

Computer services;

(2)

Commercial common carriers: Those commercial delivery services which commonly deliver packages to residential and or small businesses. Commercial common carriers habitually use the front door and do not carry freight in excess of one hundred fifty (150) pounds.

(Ord. No. 97-3418, § 1, 1-5-98)

Home occupations shall be a use permitted subject to verification of zoning district by the building department, applicant signature on home occupation questionnaire and the obtaining of a city business privilege license from the revenue department. The building department may approve or deny the use permitted in any residential zoning district subject to their review based on the criteria found in this section.

(Ord. No. 97-3418, § 1, 1-5-98; Ord. No. 22-4491, § 1, 3-7-22)

(a)

The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of residentially zoned property for residential purposes. Therefore the uses specified below shall not be home occupations:

(1)

Minor or major auto repair;

(2)

Barber shop, beauty shop, hair, and nail salon;

(3)

Carpentry work;

(4)

Dance instruction;

(5)

Dental offices;

(6)

Medical offices;

(7)

Painting of vehicles, trailers, or boats;

(8)

Photo developing, and photo studios;

(9)

Private schools with organized classes;

(10)

Television repair;

(11)

Upholstering;

(12)

Massage parlors;

(13)

Small engine repairs;

(14)

Welding shop;

(15)

Funeral chapel or home;

(16)

Gift shops;

(17)

Rental businesses;

(18)

Catering; and

(19)

Other uses similar to those enumerated in this listing.

(Ord. No. 97-3418, § 1, 1-5-98)

(a)

There shall be no more than one (1) room of the residential dwelling used for the home occupation, and the home occupation shall be conducted entirely in the residential dwelling.

(b)

No home occupation shall be permitted in any accessory building.

(c)

There shall be no advertising, signage, display, or other evidence of the home occupation on the residential lot or structure.

(d)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products.

(e)

There shall be no storage or display of goods visible from outside the structure where the home occupation is licensed.

(f)

There shall be no highly explosive or combustible material used or stored on the premises.

(g)

There shall be no activity allowed that would interfere with radio or television or other communicative signal in the area.

(h)

There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property boundaries.

(i)

There shall be no more than one (1) party, for the purchase of merchandise sales in association with a home occupation, conducted in each three (3) successive months in any calendar year.

(j)

There shall be no deliveries from suppliers made to the premises except that commercial common carrier deliveries shall be permitted.

(Ord. No. 97-3418, § 1, 1-5-98)

Home occupation procedure: The granting of a home occupation permit by the building department may be obtained by submitting an application to the building director of the city on forms provided by them and providing such information as may be necessary for a determination that the request complies in all respects to the terms of this section.

(1)

Zoning verification required: The building director will examine the zoning map to determine that the address of the home occupation provided by the applicant is located in the appropriate zoning district.

(2)

Home occupation questionnaire required: The building director will provide a questionnaire containing all listed requirements of a home occupation to be filled out and signed by the applicant verifying that all requirements have been met.

(3)

Application fee required: A nonrefundable fifty dollars ($50.00) application fee is required to be collected from the applicant by the building director.

(4)

City business privilege license required: The applicant shall obtain a city business privilege license from the revenue department only after obtaining a home occupation permit from the building department, and application fee has been paid.

(5)

Home occupations nontransferable: All home occupations are personal to the applicant and as such are nontransferable to another location, subject to provisions of this section.

(Ord. No. 97-3418, § 1, 1-5-98; Ord. No. 22-4491, § 2, 3-7-22)

(a)

Any grant of a permit or approval for a home occupation shall be deemed a privilege and requires the continual compliance with all rules, regulations, and conditions applied to the permit or approval. At any time after the granting of same, the building department or revenue department may revoke a previously granted permit or approval upon being presented with evidence of potential violation of the previously granted permit or approval.

(b)

No entity receiving a permit of approval for a home occupation shall receive thereby any property right or other interest in such approval or permit.

(c)

Should a previously granted permit or approval be revoked, the permit holder shall be allowed sixty (60) days to close the home occupation.

(Ord. No. 97-3418, § 1, 1-5-98; Ord. No. 22-4491, § 3, 3-7-22)