It is the intent of this chapter to provide for occupations conducted as secondary uses in dwelling units. It is further intended that through the establishment of approval criteria and compliance procedures, the basic character of all residential neighborhoods will be maintained. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

A "home occupation" is an activity conducted as a secondary use in a dwelling unit for purposes other than storing materials. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

A home occupation permit is strictly personal to the grantee and does not create a vested right which runs with the land, nor can the grantee transfer permit use to another residence without reapplication. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Before approval for a home occupation is granted, the zoning coordinator shall find that the proposed use meets the following requirements:

   (A)   No person other than members of the family residing on the premises may be engaged in such occupation.

   (B)   The use of the dwelling unit for the home occupation must be clearly incidental and subordinate to its use for residential purposes by its occupants and shall be confined to not more than twenty five percent (25%) of the total floor area of the main dwelling unit. A home occupation shall not be conducted within any accessory structure.

   (C)   There may be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation.

   (D)   Home occupations shall not take up space which is required parking for the dwelling unless other off street parking is sufficient. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

   (E)   The use shall not produce any light, noise, odor, parking demand, traffic or any exterior activity which is inconsistent with the character of the residential area.

   (F)   There shall be no exterior (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation.

   (G)   Home occupations shall not conflict with existing covenants.

   (H)   The following uses shall not be permitted as home occupations:

Auto body repair or painting of any kind.

Barbershops or hair stylists/salons.

Carpentry work.

Contractors offices, unless no construction activity or storage of equipment/materials occurs at the residence.

Dance instruction.

Dental or medical offices.

Major or minor auto repair.

Private schools with organized classes.

Taxidermy.

Upholstering.

Any other uses that do not conform to the provisions of this chapter.

The zoning coordinator shall approve home occupations and waive the public hearing requirement if the proposed use satisfies the approval criteria and does not involve potential public health or safety or nuisance considerations. Applicants shall be required to participate in a public hearing whenever residential impacts involving public health or safety or nuisance considerations are anticipated. (Ord. 1710, 4-3-2006)

   (A)   Applications for home occupations, including all required supportive information, shall be filed with the Lewistown board of adjustment. Applications, which require a public hearing, shall be accompanied with the appropriate filing fee as outlined in the most recent city commission resolution. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (B)   Upon receipt of a home occupation application, the zoning coordinator shall determine if a public hearing is required and, if warranted, shall give notice of the public hearing to be held before the Lewistown board of adjustment. The notice shall be published at least once in the official newspaper of the city not more than forty five (45) days nor less than fifteen (15) days prior to the scheduled public hearing.

   (C)   The notice shall further specify the date, time and place for the public hearing. It shall specify the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing.

   (D)   The notice of public hearing may also be made available to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

   (E)   The notice shall be sent by mail not more than forty five (45) days nor less than five (5) working days prior to the public hearing to the applicant and owners of record (or their authorized representative) of the subject property as well as to the owners of record of all parcels within three hundred feet (300') of the perimeter of the subject property.

   (F)   If a required property owner fails to receive mail notification of a scheduled public hearing through no fault of the city, this shall in no way invalidate the legal notice requirements of the scheduled public hearing.

   (G)   Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed use as determined by the zoning coordinator. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   The board of adjustment, through the zoning coordinator, shall make an investigation of facts bearing on the application as well as provide necessary information to assure that the action on each application is consistent with the intent and purpose of this chapter and other city regulations.

   (B)   The board of adjustment shall consider the home occupation request on the date set for the public hearing or on the date to which such hearing may be continued from time to time by the board of adjustment in order to obtain a complete record as it deems appropriate. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   At the public hearing, the board of adjustment may approve, conditionally approve or deny the home occupation permit if after considering the facts presented on the application and through public testimony it finds that the criteria as contained in section 11-7-4 of this chapter will be met or will not be satisfied. The board of adjustment may attach such conditions as it deems necessary and desirable to protect the public health, safety and general welfare.

   (B)   In approving, conditionally approving or denying a home occupation permit, the Lewistown board of adjustment shall make a written finding which shall specify the facts relied upon by the board in making its decision and in establishing conditions.

   (C)   The home occupation permit, when approved by the board of adjustment, shall be verified, signed and issued by the zoning coordinator. A copy of each permit shall be provided to the city clerk. The applicant, upon receiving the permit, may then obtain a city business license through the office of the city clerk. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   All applicants for a home occupation permit shall sign said application, attesting that all approval criteria outlined in section 11-7-4 of this chapter have been read, understood and that such shall be complied with in the conduct of the occupation.

   (B)   Reapplication shall be required whenever the grantee relocates to another residence or circumstances change that warrant reconsideration of the applicant's compliance with the approval criteria.

   (C)   Business licenses shall be renewed annually for home occupations. These licenses shall not be renewed unless the home occupation meets the approval criteria. If after thirty (30) days no action towards compliance has been initiated, the home occupation permit shall be rendered void.

   (D)   Approval of a home occupation permit granted on the basis of false information shall be held invalid. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Cancellation of a home occupation permit may be effected by the owner/lessor of the property relocating to another legal address, not complying with the approval criteria, or notifying the zoning coordinator in writing that the home occupation will be discontinued. The permit becomes void upon vacating the home, compliance with approval criteria has not been initiated within thirty (30) days, or whenever the zoning coordinator receives written notification. Subsequently, the board of adjustment and the city clerk will be notified that the permit is void. (Ord. 1576, 5-1-1989, eff. 6-15-1989)