(a)

A home occupation is permitted as an accessory use of a dwelling unit in residential zoning districts and its operation and employees are limited to members of the resident family only or one member of the resident family and one non-resident. For purposes of this article only, "resident" is defined as any person who is a member of the family residing in the dwelling unit, takes substantially all of his overnight lodging at the dwelling unit, stores substantially all his personal belongings in the dwelling unit, and uses the address of the premises as his address for legal purposes such as voter registration, and payment of personal property taxes.

(b)

Purpose. The purpose of the home occupation regulations and performance standards are:

(1)

To establish criteria for operation of home occupations in dwelling units within the residential districts;

(2)

To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied;

(3)

To ensure that such home occupations are compatible with, and do not have a deleterious effect on, adjacent and nearby residential properties and uses;

(4)

To ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;

(5)

To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals under certain specified standards, conditions and criteria;

(6)

To enable the fair and consistent enforcement of these home occupation regulations; and

(7)

To promote and protect the public health, safety and general welfare.

(c)

The following are limitations on home occupations:

(1)

The smaller of 25 percent or 500 square feet of the gross floor area of a dwelling unit may be used for activities devoted to the home occupation. Use of the dwelling unit as a home occupation shall clearly be incidental and subordinate to its use for residential purposes.

(2)

Accessory buildings and structures may not be used for the home occupation.

(3)

There shall be no signs identifying the home occupation, nor shall there be any storage, display or activity associated with the home occupation visible outside the structure. Products, samples, or merchandise associated with the home occupation may be stored within the area of the dwelling unit designated for the home occupation, as specified in subsection (a).

(4)

No product, sample, or merchandise shall be sold, nor shall marketing based on samples be accomplished, in the dwelling unit. Sales by telephone of merchandise, products, or samples to be distributed from another location are permitted.

(5)

Said uses are excluded: Auto repair or similar operations, restaurants, keeping of animals, funeral homes, retail or wholesale shops, motel type establishments, taxi services, or any other occupation found incompatible with the intent of this resolution.

(6)

Resident participants in a home occupation must have the appropriate occupational registration and licensing, including business licenses.

(7)

No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive. No traffic shall be generated in greater volumes than would normally be expected in the neighborhood.

(8)

No more than two clients or patrons are allowed on the premises at the same time in conjunction with the home occupation. Individual instruction on a one-on-one basis shall be permitted. No assembly or group instruction in connection with the home occupation shall be permitted (except for persons in care at a family day care home, as defined in section 80-4).

(9)

Vehicles kept on site in association with the home occupation shall be used by residents only.

(10)

No delivery or pick-up services, including courier services, which would occur at a frequency of more than once daily, are permitted. The transporting of goods by truck is prohibited. Incoming vehicles related to the home occupation shall be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(11)

Home occupations must exclude the use of instruments, machinery, equipment, or processes that create sound, noise, vibration, glare, fumes or odors that are detectable to the normal senses beyond the dwelling unit. Any equipment or process which creates visual or audible interference in any radio or television receiver or causes fluctuation in electrical line voltage off the premises, is prohibited.

(12)

Family day care homes are prohibited within multifamily dwelling units.

(13)

Family day care homes shall provide outdoor play areas as required by state law, but such areas shall be limited to side or rear yards outside the minimum yard area, and shall not occupy any yard adjoining a street.

(14)

Family day care homes shall be located at least 1,000 feet in all directions from any other family day care home operated as a home occupation.

(15)

An individual who is required to register pursuant to O.C.G.A. § 42-1-12 et al. (Georgia Sexual Offender Registration Statutes) shall not reside, be employed, volunteer, or loiter within 1,000 feet of any family day care home. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the family day care home.

(16)

Family day care home hours of operation shall be limited to Monday through Saturday from 6:00 a.m. to 7:00 p.m.

(17)

Family day care home operators shall have a current, certified copy of the operator's state family day care home registration which shall be filed with the business license application and renewals.

(18)

No home occupation shall be operated so as to create or cause a nuisance.

(19)

No more than two home occupations shall be permitted in a single dwelling unit. When two home occupations are in a single dwelling unit, the smaller of 25 percent or 750 square feet of the gross floor area of a dwelling unit may be used for activities devoted to the home occupations.

(20)

A sexually oriented business, as defined in chapter 5, Sexually oriented businesses, shall not be permitted to be conducted as a home occupation.

(21)

When there is one permitted home occupation in a dwelling unit, no more than two residents or one resident and one non-resident shall be engaged in such home occupation(s). When there are two permitted home occupations in a dwelling unit, no more than one resident shall be engaged in each home occupation.

(22)

Day care centers are not home occupations and are regulated by article IV administrative permits and use permits.

(23)

No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be used or stored on the premises.

(24)

There shall be no group instruction, assembly or activity. No more than two clients or patrons are allowed on the premises at the same time in conjunction with the home occupation (except for persons in care at a family day care).

(25)

Prohibited home occupations. The following uses are expressly prohibited as home occupations:

a.

Auto repair or similar operations.

b.

Any type of painting, repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, marine engines, lawn mowers, chainsaws and other small engines) or large appliances (such as washing machines, dryers and refrigerators) or any other work related to automobiles and their parts.

c.

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations.

d.

Taxi services.

e.

Tow truck services.

f.

Equipment or supply rental businesses.

g.

Special event facility.

h.

Medical examinations or treatment.

i.

Restaurants or food service.

j.

Funeral homes.

k.

Retail or wholesale shops.

l.

Commercial or catering kitchen (except a cottage food operator authorized under state law).

m.

Outdoor amenities rentals.

n.

Accessory building or structure rentals.

o.

Swimming pool rentals.

p.

Junk and salvage operations.

q.

Taxidermists.

r.

Keeping of animals, animal care, grooming or boarding businesses.

s.

Any use involving the rental, sale, use or storage of vehicles.

t.

Short-term rentals are not permitted as home occupations.

u.

Any other occupation found incompatible with the intent of this section.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2024-01, § 1, 1-22-2024)