The City of Helena's adopted growth policy recognizes the benefits to the community of allowing "home occupations" within residential neighborhoods, subject to specified limitations which render such occupations compatible with residential uses. The City hereby intends to further such purposes of said growth policy and to promote the public health, welfare and safety by means of this chapter. (Ord. 3097, 4-7-2008)

Home occupations are a permitted use in all districts and zones established by or described in this title. (Ord. 2359, 5-20-1985)

In addition to all other applicable provisions of this title, home occupations shall also be subject to the following:

   A.   Entrance to the space used for the home occupation shall be from within the residence or accessory buildings except when otherwise required by law or other applicable ordinance of the City.

   B.   No materials, equipment or articles shall be used, nor shall any activity be conducted, which will be detrimental to the residential use of the residence in which a home occupation is conducted or to surrounding residences, because of noise, vibration, smoke, dust, odor, interference with radio or television reception, interference with parking at or in front of surrounding residences, or because of any factor which might be reasonably expected to endanger life, health, physical safety or property.

   C.   A home occupation, including all necessary storage space utilized in conjunction with it, shall not occupy more than forty nine percent (49%) of the total habitable floor area of the residence plus one hundred percent (100%) of accessory buildings located on the premises. (Ord. 2359, 5-20-1985)

   D.   Only those persons who reside in the residence shall be engaged in any home occupation located in that residence or accessory buildings on the premises. (Ord. 2442, 6-1-1987)

   E.   Materials, merchandise, commodities or products shall not be delivered to or transported from the residence or accessory buildings in such bulk or quantity as to require delivery or transportation by a commercial motor carrier other than the United States Postal Service, United Parcel Service, or similar carrier. The parking of customers' automobiles shall not occur in a manner or frequency causing disturbance or inconvenience to nearby residents, or so as to necessitate a parking lot for such customers. Any delivery, transportation, parking, or related activity, in any manner contrary to the foregoing, shall be prima facie evidence that the use is a primary business and not a home occupation. (Ord. 2359, 5-20-1985)

   F.   Parking shall be provided for each residence used for a home occupation consistent with the applicable residential provisions of chapter 22 of this title. In the event the residential parking is nonconforming in the number of on site and/or paved parking spaces that can be provided, the home occupation permit previously issued may be revoked at the discretion of the Director of Building and Safety upon finding that any significant adverse impact to the neighborhood results from the lack of compliance with the parking requirement of this title. (Ord. 2686, 8-30-1993)

   G.   There shall be no window display of materials, merchandise, commodities, or products, nor shall samples of the same be displayed outside the residence, in regard to any home occupation conducted there.

   H.   Any signs placed upon the premises where a home occupation is conducted shall comply with the provisions of chapter 23 of this title. (Ord. 2359, 5-20-1985)

Any home occupation shall comply with business license requirements for the City of Helena. (Ord. 2359, 5-20-1985)

The following uses are prohibited as home occupations:

   A.   Medical marijuana dispensaries.

   B.   Medical marijuana grow operations. (Ord. 3255, 5-20-2019)