110.1. Intent and Purpose. The City of Kingsland recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the city believes that the need to protect the integrity of its residential areas is of paramount concern. A "home occupation" permit is the method used to allow and to regulate nonresidential activity within the City's residential districts.

Traditionally, in zoning, certain occupational uses termed "home occupations" have been allowed in dwelling units. Such uses have been allowed largely on the basis that such uses are incidental to the use of the premises as a residence, and that the nature of home occupational uses is such that they are compatible with or even "belong" in the home. It is recognized by this city that certain limited home occupational uses can be useful to both the general community as well as the resident-proprietor. Also recognized is the difficulty of writing an ordinance dealing with home occupations in a "middle-of-the-road" fashion, which is neither discriminatory nor arbitrary, which is the intent of Article XI.

Home occupations, regardless of classification, shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, radio-activity or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure. Home occupations shall not be a fire hazard, nor shall the home occupation cause or create excessive traffic.

With the above in mind, it is the intent and purpose of this Section to provide for certain types of home occupations within residential districts and which:

(1)

Are incidental to the use of the premises as a residence;

(2)

Are compatible with residential uses;

(3)

Are limited in extent; and

(4)

Do not detract from the residential character of the neighborhood.

110.2. Classification. It is further the intent of the City of Kingsland to classify "Home Occupations" as follows:

(1)

Home Office;

(2)

Home Occupation; and

(3)

Residential Business.

110.3. Classifications with Definitions.

1. HOME OFFICE: A "Home Office" means an office use conducted entirely within a dwelling which is carried on by the occupant thereof and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. There will be no changes which would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other than residential purposes. The office will be restricted to no more than one room of the dwelling and cannot exceed more than three hundred (300) square feet in area. Such office uses shall be limited to routine office clerical or bookkeeping procedures which can be conducted within a residence. Home offices shall not include any business which involves the sale, manufacture or repair of merchandise on the premises or the storage of inventory, raw materials or other materials to be used in the business. Home offices shall also not include any business requiring access by the public including but not limited to customers, clients or vendors. No outside storage or display including signs is permitted and no one other than family members who reside in the premises may be employed in the office. "Home Offices" also include, but are not limited to, any business in which the occupant of the home requires the use of his/her telephone for setting up appointments for "outside of the home" businesses, such as house cleaning services, pet sitting services, telephone solicitations, or any other business in which the occupant of the home may engage in outside of the home and which does not require equipment to be stored at the residence (ladders, paint, wood, etc.). Approval may be made by the Director of Community Planning and Development, upon review and approval by the City Manager; denial will be based on Planning Commission recommendation and City Council approval.

2. HOME OCCUPATION: A "Home Occupation" means an occupation or profession conducted entirely within a dwelling and which is carried on by an occupant thereof and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. There is no access by the public. A home occupation is designed to be less restrictive than a home office but more restrictive than a residential business in regard to access by the public, size, visibility, number of employees and type of business. Certain conditions are placed on "home occupations" which are set out in Section 110.4 hereof. Planning Commission recommendation and City Council approval are required.

3. RESIDENTIAL BUSINESS: A "Residential Business" means an occupation or profession conducted within a dwelling, and which is carried on by an occupant thereof and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The business may require access by the public. The residential business is designed to be less restrictive than a home office or home occupation in regard to access by the public, size, visibility, number of employees and types of business. Certain conditions are placed on "Residential Businesses" which are set out in Section 110.5 hereof. Planning Commission recommendation and City Council approval are required.

110.4. Special Conditions.

1. "Home Office" - See Section 110.4.(2)

2. "Home Occupations" shall meet the following conditions:

a) If the applicant is not the owner of the property, a letter from the property owner must be attached to the application giving permission for the applicant to conduct a home occupation in the premises.

b) Home occupations shall not include the repair and/or maintenance of motor vehicles, manufacturing or any other use which will create noise, noxious odors or any hazard that may endanger the health, safety or welfare of the neighborhood.

c) Home occupations shall not allow customers or the public to come to the premises.

d) The occupation or profession must be conducted entirely within the dwelling.

e) The dwelling must be the bona fide residence of the principal practitioner at the time of the application and the home occupation shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business and has a current business license.

f) Home occupations shall be limited to no more than twenty-five percent (25%) of the total heated floor area of the residence, or five hundred (500) square feet, whichever is less. The size of the home occupation shall be specified at the time of the application.

g) The portion of the residence in which the business is conducted shall be completely enclosed in a manner that the business is not visible from the surrounding property.

h) No other employees other than family members residing on the premises shall be permitted.

i) There shall be no exterior evidence of a business being conducted on the premises. No outside storage or display shall be allowed.

j) No more than one home occupation or residential business is allowed in a residence at one time.

k) One business vehicle used exclusively by the resident is permitted. The vehicle shall be no larger in size than a pick-up truck, panel truck or van and is limited in size to a one-ton carrying capacity. The vehicle may have reasonable business identification (signs) on it when it is parked at the premises and will not have any equipment used in the business left on the vehicle in a manner that can be seen from the surrounding property.

l) Any pickups from and deliveries to the site in regard to the business shall be restricted to vehicles having no more than two axles and shall be restricted to no more than two pickups or deliveries per day. Such pickups and/or deliveries, if any, are to be during daylight hours.

110.5 "Residential Businesses" shall meet the following requirements:

1) If the applicant is not the owner of the property, a letter from the property owner must be attached to the application giving permission for the applicant to conduct a resident business in the premises.

2) Residential businesses shall not include the repair and/or maintenance of motor vehicles or boats, nor shall it include manufacturing or any other use which will create noise, noxious odors or any hazard that may endanger the health, safety or welfare of the neighborhood.

3) The residential business shall not involve group instruction or group assembly of people on the premises, with the exception of "daycare centers" and "home parties" for products such as Tupperware, AmWay, Mary Kay Cosmetics, etc. Such "home parties" are to be limited to no more than one (1) "home party" per week.

4) The occupation or profession must be conducted entirely within the dwelling.

5) The dwelling must be the bona fide residence of the principal practitioner at the time of the application and, if approved, the residential business shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business and has a current business license.

6) Residential businesses shall be limited to no more than thirty-five percent of the total heated floor area of the residence. The proposed size of the residential business shall be specified at the time of application.

7) Any additions or alterations to the residence which will be used for the residential business must be of an architectural style in keeping with the surrounding residential development.

8) The portion of the residence in which the business is conducted shall be completely enclosed in a manner that the business is not visible from the surrounding property.

9) Only one employee in excess of family members residing on the premises shall be permitted. For uses where no customers or clients are coming to the site, the number of employees permitted at any one time may be increased to two.

10) Property on which the residential business is proposed must have frontage on a public road.

11) Parking for customers/clients must be provided on site so as not to interfere with the neighboring property in any way, the location of parking to be recommended/approved by the Planning Commission and City Council.

12) No outside storage or display shall be allowed.

13) Days and operation requiring access by the public, customers and/or clients shall be Monday through Saturday, daylight hours only, with the exception of "home parties" referred to in Section C, sub-paragraph 3, hereof.

14) No more than one home occupation or residential business is allowed in a residence at one time.

15) The principal practitioner will be permitted to park one commercial vehicle in the approved parking area. The commercial vehicle is limited to a passenger car, a van or a light truck (up to one ton).

16) Any utility trailer needed for the orderly operation of the business must be specifically requested and recommended/approved by the Planning Commission and City Council. The request must include the proposed use and size of the trailer.

17) Pickups from and deliveries to the site in regard to the business shall be restricted to vehicles having no more than two axles and shall be restricted to no more than two pickups or deliveries per day. The pickups and deliveries are restricted to daylight hours only.

18) No article or service shall be sold or offered for sale except as may be manufactured or assembled by members of the immediate family residing on the premises, or their employees. Manufactured items are limited to items manufactured within the home (crafts, clothing, etc.) or to the dwelling's garage (such as items made from wood).

19) The Planning Commission and/or City Council may place any reasonable conditions on the application deemed necessary to insure the orderly operation of the proposed business and its compatibility with the surrounding properties.

110.6. Permit Fees.

1) "Home Offices" - requires a permit fee of $50.00.

2) "Home Occupations" - requires a permit fee of $50.00.

3) "Residential Businesses" - requires a permit fee of $50.00.

110.7. Notification to Neighboring Properties.

1) "Home Occupation" and "Residential Business" must give notification to neighboring properties within 200 feet of the dwelling in which the business will be operated. The Director of Planning and Community Development is to send out such notifications at least ten (10) days prior to the application going before the Planning Commission. "Home Office" applications forwarded to the Planning Commission must give same notification.

110.8. Posting of Property. A "Home Office" or "Home Occupation" does not require posting of the property. A "Residential Business" must post a sign in a conspicuous place in the front yard of the dwelling no less than 10 days prior to the application going before the Planning Commission. Such sign to be posted will be furnished by the Director of Planning and Community Development to the applicant. The sign will be no less than 24"×32" in size and of a bright color with bold black lettering. The Director of Planning and Community Development will complete the sign by stating the purpose of the posting together with the time, date and place of the Planning Commission meeting.

110.9 Signs and Advertising. There shall be no signs allowed for any home office, home occupation or residential business within the City of Kingsland. No advertisement shall be placed in any media (T.V., radio, newspapers, etc.) containing the address of the property.

110.10 Manufacture and/or Sale of Firearms/Explosives. The manufacturing of firearms will not be allowed under any home occupation classification. No product may be manufactured which contain explosive materials, including but not limited to bullets. Online sales of firearms and ammunition will only be allowed in the "Home Occupation" classification.

110.11 Affidavits for Each Classification. Each applicant must complete and sign an Affidavit for the particular home occupation/business he/she is applying for. An example of the Affidavit for each classification is attached hereto and made a part hereof. {Affidavits are available in the office of the Director of Planning and Community Development and not attached as stated}

110.12 Permits and Procedure.

1) "Residential Business": The application, when completed and received by the Director of Planning and Community Development, will be put on the Planning Commission Agenda for the appropriate meeting. The Agenda must be published once a week in the legal section of the local newspaper, beginning no less than 15 days prior to the meeting in which the application will be heard. Recommendation for approval or denial will be made by the Planning Commission at that meeting. It will then go before the City Council for final approval or denial at the next meeting of the City Council following the Planning Commission's recommendation.

Once a home occupation permit has been issued for any of the above home occupations, the Director of Planning and Community Development will advise the City's "business license department" so a business license may be issued upon receipt of a completed application for that license. When the business license is issued it is to state on that license that a "Home Office", "Home Occupation" or a "Residential Business" permit has been issued.

110.13 Permit Renewals and/or Expirations.

1) A "Home Office" permit will remain in effect for as long as the applicant resides at the address given on the application and the type of home office stated on the application does not change. Should the home office applicant move to a different location, or the type of business changes from that stated on the application, the home office permit shall be automatically terminated. However, in the event of death of the applicant, should a surviving spouse or child residing at the same address desire to continue the home office occupation, written notice to that effect shall be given to the Director of Planning and Community Development, who may authorize continuation of that permit.

2) A "Home Occupation" permit shall remain in effect for as long as the applicant resides at the address given on the application and the type of home occupation stated on the application does not change. If the Community Planning & Development Director receives complaints regarding the home occupation, the applicant holding the license shall be required to renew his license prior to December 31 of the calendar year, or the Director may take immediate action as set out below. However, if the applicant moves from the address given on the application or the type of home occupation changes from that stated on the application, the home business permit shall be automatically terminated.

3) A "Residential Business" permit shall remain in effect for as long as the applicant resides at the address given on the application and the type of residential business stated on the application does not change. If the Community Planning & Development Director receives complaints regarding the residential business, the applicant holding the license shall be required to renew his license prior to December 31 of the calendar year, or the Director may take immediate action as set out below. However, if the applicant moves from the address given on the application or the type of home occupation changes from that stated on the application, the home business permit shall be automatically terminated.

Any of the above home occupation permits will be automatically terminated if the conditions set out in this Section 110 are not complied with, and after an investigation by the Director of Planning and Community Development and/or the Code Enforcement Officer into the alleged non-compliance. The applicant will then be notified by the Director of Planning and Community Development and/or Code Enforcement Office as to the findings of the investigation and the status of the permit.

110.14 Appeal Process. If an applicant or a neighbor of an applicant is in disagreement with a decision made by the Planning Commission, the complainant should submit a written complaint of appeal within fourteen (14) days of the decision in question to the Director of Planning and Community Development, who will review and investigate the complaint. It will then be handled as follows:

2) Should the complaint be against a decision made by the Planning Commission, it will be submitted by the Director of Planning and Community Development to the City Clerk for placement on the next available Council Meeting. A decision by City Council will be made within 30 days from its receipt of the appeal. Once a decision has been reached, the Director of Planning and Community Development will notify the complainant by certified mail return receipt requested of the decision made.

110.15 Use Allowed in Each Classification.

1) "HOME OFFICE" - Uses allowed in the home office classification are, but not necessarily limited to, the following, none of which may have clients coming to the residence:

Routine office clerical procedures (secretarial - typing, word processing, etc.)

Routine bookkeeping services

Telephone answering service

Any business outside of the home where the telephone is required for setting up appointments (i.e.: house cleaning, pet sitting)

2) "HOME OCCUPATION" - Uses allowed in the home occupation classification are, but not necessarily limited, to the following, none of which may have clients coming to the residence and, if applicable, all sales of manufactured and/or ready-made products must be made outside of the home:

• Any uses permitted under "Home Office"

• Art Studio

• Bakery good (cakes, pies, etc.)

• Catering service

• Computer programming

• Direct sale product distribution (Amway, Avon, Tupperware, etc.)

• Dressmaking (sewing, alterations, etc.)

• Financial Planning

• Flower arranging

• Home crafts

• Home cooking and preserving

• House painting and/or repairs

• Laundry/ironing service

• Photo developing

• Upholstering

• Online sales of firearms and ammunition (qualified applicants only)

3) "RESIDENTIAL BUSINESS" - Uses allowed in the home business classification are, but not necessarily limited to, the following:

• Any uses permitted under "Home Office" and "Home Occupation" but will allow clients to come to the home but not to include the use: Online sales of firearms and ammunition

• Instrument instruction provided that no instrument may be amplified, limited to one student at a time

• Small appliance repair

• Tutoring, limited to one student at a time

110.16 Uses not Allowed in any Classification. Uses not allowed in any home occupation classification are, but not necessarily limited to, the following, unless such is allowed under Special Uses (Section 104.16):

Auto/boat repairs, painting

Barber/beauty shops

Day care centers

Engine repair

Funeral homes

Gift Shops

Professional medical office, including dental

Major appliance repairs within the home premises

Massage parlors

Welding or machine shops

110.17 Special Uses Permitted within Certain Zoning Districts. Some uses will require a Special Use Permit. Please refer to the following sections of the Kingsland Land Development Ordinance:

1) R-1 Zoning - Section 60.1.3

2) R-2 Zoning - Section 60.2.3

3) R-3 Zoning - Section 60.3.3

110.18 Non-Conforming Home Occupations.

1) Definition: A non-conforming home occupation is one which was lawfully established and maintained prior to the effective date of this ordinance but is no longer allowed because of the application of this ordinance or any amendment thereto.

2) Remedy: Upon expiration of the current non-conforming home occupation's license, the owner must reapply for a home occupation and conform to the provisions of this ordinance.

(Amend. of 7-23-2007; Ord. No. 2015-09, 6-8-2015; Ord. No. 2020-04, 4-13-2020)