Kimberling City City Zoning Code
ARTICLE VII
Home Occupations
Section 400.1400 Permitted In Residential Districts, When.
[Ord. No. 526, 8-17-2022]
No-impact home-based businesses shall be permitted in all residential districts and in accordance subject to the restrictions and limitations of this Chapter. No other business may be operated in a residence at any time. The term "home occupation" when used in this Code shall be interpreted to mean "home-based business."
Section 400.1410 Definitions.
[Ord. No. 526, 8-17-2022]
As used in this Chapter, the following terms shall have the meanings provided below:
Any merchandise, equipment, products, supplies, or materials.
A business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
A home-based business that:
Is engaged in the sale of lawful goods and services; and
Does not cause a substantial increase in traffic through the residential area; and
The activities of the business are not visible from any public street; and
Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located; and
Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the Department of Health to inspect the business during normal business hours or at any other time that the business is operating.
Section 400.1420 Restrictions And Limitations.
[Ord. No. 526, 8-17-2022]
A.
A no-impact home-based business must be incidental and subordinate to the principal residential use of the premises and shall not include more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit, not including the floor space of any permitted accessory building used by the business. This provision shall not be interpreted as allowing an accessory building, accepted by the usual permitting process for accessory buildings.
B.
The owner or operator of the no-impact home-based business must be an owner or tenant of the residence and must reside at the residence.
C.
The owner or operator of the no-impact home-based business may employ others to work in the no-impact home-based business.
D.
The home occupation may be conducted in an existing detached accessory building that existed at the time this Chapter was adopted. A new accessory building shall not be constructed to house a home occupation.
E.
Outdoor storage of materials or equipment used in the home occupation shall not be permitted.
F.
Alterations to the exterior of the principal residential building shall not be made which change the character of the residence.
G.
One (1) sign, compliant with the sign code provisions for home-based businesses will be allowed. Signs must be properly maintained.
H.
The owner or operator must provide adequate parking for the no-impact home-based business. Parking for the no-impact home-based business may include the driveway or garage of the residence or a paved parking area located behind the front plane of the residence. Adequate parking may also include parking on the street so long as:
1.
Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.
2.
If the owner, operator, family members of the owner or operator, employees, clients, or customers routinely park in other locations on the street(s) adjoining the residence, the business shall not be considered a no-impact home-based business. For the purposes of this Section, the term "routinely" shall mean more than twice in a given seven-day period.
I.
The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time.
Section 400.1430 Licenses And Permits.
[Ord. No. 526, 8-17-2022]
A.
No permit shall be required to operate a no-impact home-based business, however, a business operating in a residence shall be presumed not to qualify as a no-impact home-based business unless the owner or tenant provides an affidavit, on a form approved by the City Clerk, stating that the business in question is qualified. No fee shall be charged for the filing of such an affidavit. The affidavit shall contain, at a minimum, the following:
1.
The name of the owner or tenant.
2.
The address of the residence.
3.
The general nature of the business, including whether the business is subject to health inspections. If the business is subject to health inspections the affidavit must have consent for inspections attached.
4.
The maximum occupancy of the residence and a statement that the maximum occupancy will not be exceeded. It shall be the duty of the affiant to obtain this number from the Fire Department and provide proof of the same with his or her affidavit.
5.
That the business qualifies as a no-impact home-based business.
6.
A statement that the affiant is familiar with the provisions of this Chapter and will comply with the same.
B.
No-impact home-based businesses and other home occupations shall be required to have a business license.
C.
Businesses operated in a residence, which do not qualify as a no-impact home-based business must have a conditional use permit from the Planning and Zoning Commission.
Section 400.1440 Penalties.
[Ord. No. 526, 8-17-2022]
Any person who operates a business in violation of this Article shall, upon conviction, be subject to a fine of not less than one hundred dollars ($100.00) and up to ninety (90) days in jail, or both. Each day of violation shall be considered a separate offense .