It is the intent of this chapter to promote and encourage economic activity and entrepreneurship within the city while protecting residential neighborhoods from the negative impacts of commercial use of residential dwellings. The City of Lewiston recognizes that, in general, unrestricted commercial activity, and specifically certain types of businesses, are incompatible with the enjoyment of residentially zoned property and may be detrimental to residential property values. The City of Lewiston further recognizes that homeowners have an expectation that their investment in their home is also an investment in their neighborhood, and that this investment comes with certain rights and responsibilities.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 2, 3-14-05)

(a)

A home occupation is an activity, profession, or craft carried on entirely within a residence or associated accessory buildings by the occupants, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character of it; is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term, except from any related signage allowed by chapter 30 of this Code; so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence; and which does not infringe upon the rights of neighboring residents to enjoy a peaceful occupancy of their homes.

(b)

Home occupations may occupy an area of a dwelling or an accessory building not to exceed twenty-five (25) percent of the gross floor area of the dwelling. Home occupations may occupy more than twenty-five (25) percent of the gross floor area of the dwelling or accessory building when approved with a conditional use permit as provided in article IX of this chapter, except that swimming instruction shall be exempt from this requirement.

(c)

Not more than one (1) person other than members of the family residing in the residence shall be engaged in such occupation at the premises.

(d)

No exterior displays, including window displays or lawn displays, are allowed.

(e)

No outdoor storage shall be permitted.

(f)

No regularly occurring outdoor activity, except as allowed in this chapter.

(g)

No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of said residence or cause a nuisance to surrounding residences, because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(h)

The cumulative impact of multiple home occupations licensed at a single address shall not exceed the criteria set for a single home occupation.

(i)

Where a combination of dwelling unit and accessory building is used for a home occupation, the total area in use may not exceed that allowed for a single home occupation.

(Ord. No. 4393, § 3, 3-14-05; Ord. No. 4531, § 14, 7-13-09; Ord. No. 4692, § 16, 10-30-17; Ord. No. 4906, § 12, 3-25-24)

Authorized home occupations include, but are not limited to, the following and are subject to the following provisions:

(1)

Artists and craftpersons, including, but not limited to, visual artists, photographers, authors, sculptors, dressmakers, seamstresses, tailors, gunsmiths, and home crafters. Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

(2)

Family day care, not to exceed six (6) children excluding the children, stepchildren, or foster children of the day care provider.

(3)

Instruction, including, but not limited to, tutoring, music, craft, dance, yoga, or athletic instruction.

Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

No more than twelve (12) persons shall receive instruction at any one time.

(4)

Professions, generally those that require state licensing or board certification, including but not limited to physicians, chiropractors, dentists, lawyers, architects, engineers, counselors, real estate, business services, and financial consulting.

(5)

Personal services, including but not limited to hairdressers, barbers, and masseurs.

(6)

Construction/contracted trades and services, including, but not limited to, general contractors, carpenters, plumbers, electricians, landscape contracting, lawn care services, and pest control. Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner;

a.

No construction material shall be stored outside;

b.

No pesticides or herbicides may be stored outside;

c.

No heavy equipment such as backhoes, dump trucks, or scrapers may be stored on the premises;

d.

Contractors may not operate a contractor's storage yard in any residential zone.

(7)

Sales, including but not limited to phone sales, Internet sales, in-home product presentation, and travel agents, but not including on-site retail sales from the premises, with the following limitations:

a.

All inventory must be stored within the allowed area of the home occupation.

b.

No more than two (2) delivery trips per day may be generated by the business.

(8)

Repair and refinishing, including but not limited to electronics, appliances, and bicycles. The items being repaired or refinished shall not be stored outside.

Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

(9)

Farm stand, limited to sales of fruits and vegetables grown by the owner and for sale at property of the owner, with the following limitations:

a.

Sales in the required front yard shall not obstruct traffic or cause a sight obstruction for traffic.

b.

Sales must be seasonal in nature.

(10)

Other uses not specifically enumerated herein may apply for a conditional use permit in accordance with provisions of article IX of this chapter, conditional use permits.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 4, 3-14-05; Ord. No. 4531, § 14, 7-13-09)

The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupation, or have a tendency to produce objectionable noise and other nuisances, and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:

(1)

Auto repair, minor or major, including customization or painting;

(2)

Motorcycle repair, major or minor, including customization or painting;

(3)

Cabinet shop;

(4)

Furniture refinishing or upholstery;

(5)

Gift shop or antique shop;

(6)

Painting of vehicles, trailers or boats;

(7)

Photo developing, retail;

(8)

Wood lots and on-premises firewood sales;

(9)

Businesses in which more than one (1) person, not an occupant of the residence, reports to the site of the business office to receive work assignments, material or payroll;

(10)

Repair of any internal combustion engines;

(11)

Nursery or garden shop;

(12)

Contractor's storage yard;

(13)

Manufacturing, except those activities consistent with the statement of purpose for home occupations;

(14)

Machining.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 5, 3-14-05)

(a)

All home occupations must have an approved City of Lewiston business license.

(b)

Application for home occupations must be made on forms provided by the City of Lewiston and all applicable fees must be paid. Applications shall be reviewed by all applicable departments of the City of Lewiston and outside agencies. Additional conditions for operation of the home occupation may be required by the community development director in addition to the standards provided in section 37-141. Decisions regarding approval or denial of a home occupation may be appealed to the Lewiston Planning and Zoning Commission pursuant to section 37-192.

(c)

Licenses for home occupations must be renewed annually.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 6, 3-14-05)

Editor's note— Ord. No. 4393, § 7, adopted March 14, 2005, repealed § 37-144, relating to conditional use permits for home occupations, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.