The regulations of this Section are designed to protect and maintain the residential character of established neighborhoods while understanding the need of some citizens to use their place of residence for limited non-residential activities to produce or supplement personal or family income. 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 and is intended to protect the integrity of residential areas.

(Ord. 2004-2. Passed 12-13-04.)

   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 or accessory structure pursuant to the conditions defined herein. Any question of whether a particular use is permitted as a home occupation by the provisions of this Section shall be determined by the Zoning Administrator pursuant to his or her authority to interpret the provisions of this chapter.

(Ord. 2004-2. Passed 12-13-04.)

   An appeal to a determination made by the Zoning Administrator may be filed with the Board of Appeals in writing within 30 days of the decision. At the next regularly scheduled meeting, the Board of Appeals shall hear the evidence pertaining to the action from which the appeal was taken. The Board of Appeals shall render a decision within 45 days after the conclusion of said hearing and may reverse, affirm or modify the action of the Zoning Administrator.

(Ord. 2004-2. Passed 12-13-04.)

   A "home occupation" is a non-residential activity, business, profession, occupation or trade conducted for gain or support. Except as provided in Section 1287.07, a home occupation must be conducted entirely within a residential building or a structure accessory thereto and must be incidental and secondary to the use of such building for residential purposes. A home occupation cannot change the essential residential character of the buildings, property or neighborhood in which it is located.

(Ord. 2004-2. Passed 12-13-04.)

   In addition to any use limitations applicable in the district in which it is located, no home occupation shall be permitted unless it complies with the following criteria:

   (a)   Not more than one 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.

   (b)   The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted on the premises shall not exceed the performance standards described herein.

   (c)   Unless otherwise provided for herein, a home occupation shall be conducted entirely within the dwelling unit or an accessory building and shall not occupy more than 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.

   (d)   Unless otherwise provided herein, no alteration of the buildings or premises shall be made which changes the residential character and appearance thereof.

   (e)   Unless otherwise provided for herein, there shall be no outside operations, storage or display of products, materials, goods, supplies or equipment associated with the home occupation.

   (f)   Not more than one truck and no more than one trailer which will each individually fit within a standard parking space are permitted on the premises or on any adjacent residentially zoned area. The truck may not be a tow-truck. A home occupation shall not involve the use or storage of truck tractors, semi-trailers, pole-trailers or heavy equipment such as, but not limited to, fuel trucks, logging or construction trucks or equipment.

   (g)   Unless otherwise provided for herein, any need for parking generated by the home occupation shall be met off street and accommodated within the existing residential parking layout.

   (h)   The home occupation 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. Unless otherwise provide for herein, a home occupation shall not generate more than an average of one truck delivery per day.

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

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

   (k)   Unless otherwise provided for herein, no sign, other than one unlit sign not over four square feet in area attached flat against the building and displaying only the occupant's name, address and occupation, shall advertise the presence or conduct of the home occupation.

   (l)   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.

   (m)   The sale of merchandise shall be limited to products manufactured or substantially altered on the premises or to incidental supplies connected to a permitted home occupation (i.e. a beautician's sale of hair care products).

(Ord. 2004-2. Passed 12-13-04; Ord. 2008-1. Passed 2-11-08; Ord. 2008-5. Passed 8-11-08.)

   Home occupations are permitted in the following zoning districts: A-1, R-IA, R-1B, R-1C, R-1D, R-M1 and Town Center. Except as provided in Sections1287.07, 1287.08, and 1287.09 below, permitted home occupations include all occupations which meet the purposes, standards and requirements of Sections 1287.01 through 1287.06 and include, but are not necessarily limited to, the following list of examples:

   (a)   Private instruction to not more than four students at a time, except for occasional groups.

   (b)   Day care, with six or less children, subject to State of Michigan guidelines.

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

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

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

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

   (g)   Direct sale product distribution (Amway, Avon, Tupperware, etc.) provided that the primary function is not the wholesale or retail sale of goods on the premises.

   (h)   Typing and computing services.

   (i)   Mail-order and telephone sales.

   (j)   Office of an accountant, architect, engineer, lawyer, income tax preparer, minister, psychotherapist, counselor, consultant, tradesman, or similar professional.

   (k)   Repair of small appliances, office machines, cameras and similar items.

(Ord. 2004-2. Passed 12-13-04.)

   (a)   The seasonal sale of farm-direct trees, plants and produce is permitted subject to the following conditions:

      (1)   Only one temporary structure may be erected for this purpose (i.e. roadside stand, tent, etc.). No accessory structure shall be closer than ten feet to any abutting property or right-of-way line.

      (2)   Any product(s) for sale must be seasonal with availability limited to the specific harvest period, holiday or season that pertains to the item(s). The resale of items purchased off site is prohibited. In no case shall sales on a property exceed 90 days per calender year.

      (3)   A minimum lot size of 20,000 square feet is required for this activity. No more than 50% of the lot may be used for purposes of the home occupation.

      (4)   One temporary, free-standing, unlit sign not to exceed 4 square feet in area may be placed on the property to advertise the sales during the time the activity takes place.

      (5)   The property must be maintained in an orderly fashion at all times and all refuse or trash related to the activity must be removed on a daily basis. In no way can the property become unsightly as a result of the activity. All evidence of the use must be removed immediately upon the discontinuance of the activity.

      (6)   Any need for parking generated by the activity shall be met off street and accommodated in an area provided for that purpose.

      (7)   The hours of operation are limited from 8:00 a.m. to 8:00 p.m. All evidence of the activity (i.e. lighting) must discontinue by 8:00 p.m.

      (8)   Except for the provisions described in this section, all other performance standards listed in Section 1287.05 must be met at all times.

      (1)   The existing home occupation regulations of Section 1287.05, unless modified by this section, shall be applicable to the medical marihuana primary caregiver.

      (2)   A registered primary caregiver's marihuana growing operations shall be limited to the number of plants allowed by the Michigan Medical Marihuana Act.

      (3)   No signs or advertisements of any kind shall be permitted which are visible from the exterior of the property or structure utilized as a registered primary caregiver home occupation.

      (4)   A registered primary caregiver functioning as a home occupation from a dwelling shall not be located within a radius of 1,000 feet from any school, licensed day care center, licensed family or group day care home, church or drug rehabilitation facility.

      (5)   A registered primary caregiver functioning as a medical marihuana home occupation shall be the only person engaged in the conduct of that activity at that address.

      (6)   The use of a dwelling as a home occupation under this section shall be limited to 1 registered primary caregiver providing usable marihuana to not more than 5 qualifying patients; provided, however, that transfers of medical marihuana from the registered primary caregiver to his or her qualifying patient shall be accomplished only by the delivery of medical marihuana by the primary caregiver at the home of the qualifying patient.

      (7)   Marihuana growing facilities, which are part of a registered primary caregiver home occupation shall not generate light which is visible from the public right-of-way and may be subject to public safety inspections such as, but not limited to, mechanical, electrical and fire prevention inspections.

      (8)   All medical marihuana shall be contained within the dwelling within a secure, enclosed, locked facility, accessible only by the registered primary caregiver as required by the Michigan Medical Marihuana Act.

      (9)   A primary caregiver medical marihuana home occupation shall not be located in a multiple family dwelling as identified by these Codified Ordinances.

(Ord. 2004-2. Passed 12-13-04; Ord. 2010-8. Passed 2-14-11.)

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

   (a)   Nursing homes.

   (b)   Funeral homes, mortuaries and embalming establishments.

   (c)   Restaurants.

   (d)   Stables, kennels or veterinary hospitals.

   (e)   Tourist homes or the letting of rooming units.

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

   (g)   Clubs, including fraternities and sororities.

   (h)   Instruction of more than four students at a time except for occasional groups.

   (i)   Day care centers.

   (j)   Vehicle or boat repair, painting or body work.

   (k)   Construction equipment or materials storage.

   (l)   Equipment or vehicle rental.

   (m)   Sale of motor vehicles.

   (n)   Commercial parking lots.

   (o)   Major appliance repair.

   (p)   Any activity regulated by Special Use Permit in any zoning district.

(Ord. 2004-2. Passed 12-13-04.)

   The following activities shall not be classified as home occupations and are exempt from the provisions of this section.

   (a)   Garage/yard sales.

   (b)   Hobbies which do not result in payment to those engaged in such activity.

   (c)   Holiday craft sales.

   (d)   Fundraising sales.

(Ord. 2004-2. Passed 12-13-04.)