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Merriam City Zoning Code

ARTICLE X

- HOME OCCUPATIONS

Sec. 74-467. - Authorization.

A home occupation is permitted as an accessory use by the resident(s) of a dwelling subject to the provisions in this article. The use shall be incidental or subordinate to the residential use of the dwelling. The expressed intent behind regulating home occupations is as follows:

  1. To preserve the residential character of neighborhoods.
  2. To preserve the residential rights of neighbors, while reasonably allowing residents to utilize their dwelling to enhance or fulfill personal economic goals.
  3. To establish reasonable criteria for the operation of home occupations in dwelling units.
  4. To preserve and protect municipal and utility services such as streets, sewers and water systems against increased utilization typical in commercial districts.
  5. To preserve tranquility in neighborhoods and prevent nonresidential activities typically found in commercial districts.

(Ord. No. 54, art. 5, § 5-301, 12-4-1958; Ord. No. 1780 , § 8, 4-9-2018)

Effective on: 1/1/1901

Sec. 74-468. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sec. 74-469. - Use limitations.

The following minimum use limitations shall apply to all home occupations:

  1. Except as provided in section 74-469(7), no visible or audible evidence of the home occupation shall be apparent from the street, adjacent properties, or the surrounding area.
  2. There shall be no outdoor storage of stock, stock in trade, vehicles registered with or classified by the Kansas Department of Revenue with a gross vehicle weight of over 14,000 pounds, equipment, machinery or materials used in the business of the home occupation. Trailer parking done in conformance with this chapter is allowed.
  3. No more than 20 percent of the floor area of a dwelling unit shall be devoted to a home occupation.
  4. No mechanical or electrical equipment other than customary domestic or household equipment shall be used in the home occupation.
  5. A home occupation shall not create excessive noise, waste run-off, dust, dirt, smoke, odor, vibration, glare, heat or lighting that would be in excess of that created in the customary use of a residential dwelling.
  6. A home occupation shall not create interference with, or fluctuations of, radio or television transmissions in the neighborhood.
  7. Except as provided in section 74-469(8), only signage permitted in Chapter 53 of the Merriam City Code is allowed.
  8. Vehicles may have a total of three signs, one sign on the rear and one sign on each side of the vehicle. Each individual sign shall be no larger than six square feet.
  9. No alteration of the residential property, including buildings and structures, shall be permitted that would cause the property to lose its residential character or detract from the residential character of the neighborhood.
  10. No production, burning, dumping or storage of combustible, toxic or hazardous substances shall be allowed.
  11. No waste, refuse, trash, or waste byproduct generated off of the residential premises shall be dumped, disposed of, incinerated, burned or stored on the residential premises. Home occupations are not allowed commercial trash or regular dumpster services.
  12. No boarding houses, bed and breakfasts, or hotels.
  13. Other than vehicles and equipment owned by the resident, any type of repair or assembly of vehicles or equipment with internal combustion or electrical engines or of larger appliances or other work related to vehicles and their parts is prohibited.
  14. Home occupations may not serve as dispatch centers where employees come to the home occupation and are dispatched to other locations.
  15. No funeral or interment services.
  16. No animal services.
  17. No restaurants; catering for off-premise consumption is allowed.
  18. Deliveries or pick-ups of supplies or products shall be by vehicles that normally perform deliveries or pick-ups in residential neighborhoods. Deliveries or pick-ups shall occur between 7:00 a.m. and 9:00 p.m.

(Ord. No. 54, art. 5, § 5-303, 12-4-1958; Ord. No. 1780 , § 10, 4-9-2018)

Effective on: 1/1/1901

Sec. 74-470. - Type I home occupation permit.

  • Persons desiring to establish a Type I home occupation shall obtain a permit from the zoning administrator prior to the establishment of the home occupation.
  • It is the responsibility of the zoning administrator to review, and when appropriate, issue permits for Type I home occupations.
  • Persons wishing to establish a home occupation shall submit to the zoning administrator an application for a Type I home occupation permit. The persons applying (applicant) for a Type I home occupation shall provide the following information at the time of their application:
    1. Assurance that they will comply with the standards contained in this article.
    2. If the applicant intends to have customers or an employee from outside of the residence, the applicant shall provide a site plan showing the location of the off street parking spaces to be utilized by any employee and/or customers. Except as provided for in section 74-471(3), at no time shall the number of customers and employee in the residence exceed the number of parking spaces dedicated for customer and employee parking. Except as provided for in section 74-471(3), at no time shall vehicles associated with the home occupation be parked in the public right-of-way.
    3. The applicant shall send, by First Class Mail via the United States Postal Service, the "Notice of Proposed Home Occupation" to all property owners within 200 feet of the proposed location of the home occupation. At a minimum, the notice shall contain the date of mailing and the following information:

      "In order to obtain a permit for a Home Occupation, and pursuant to Merriam Zoning Ordinances, I am required to notify all property owners within 200 feet of my home, located at Insert Address, Merriam, Kansas. Please consider this letter as formal notification of my intent to conduct insert description of type of home occupation. Should you have any questions regarding my Home Occupation, please contact me at (XXX) XXX-XXXX.

      If you have any comments or concerns regarding my permit request, you may contact the Community Development Office at 913-322-5520 within the next 10 days. Understand that this letter does not grant the recipient and/or property owner any legal rights to challenge the proposed permit. This letter is being provided as a courtesy to inform you of my proposed plans."

    4. The applicant will provide the list of property owners within 200 feet, a copy of the notice sent, and a signed and notarized affidavit attesting that the notice requirements have been met.
    5. Home occupations shall comply with all local, state and federal regulations pertinent to the business activity pursued, including the requirement of a business license as set forth in Merriam Code. The granting of a permit under this section shall not be construed as an exemption from such regulations.
    6. The permit application shall be signed by the property owner or the property owner's designee.
  • Within 15 business days of receipt of a complete permit application, the zoning administrator shall provide a written decision to the applicant regarding their application.
  • The issuance of a home occupation permit is specific to the resident operating the home occupation, the location of the home occupation, and the type of home occupation. If any one of those conditions are changed or altered, the home occupation permit is void.

    • (Ord. No. 1780 , § 11, 4-9-2018)

    Editor's note— Ord. No. 1780, § 11, adopted April 9, 2018, in effect, repealed § 74-470 and enacted a new § 74-470 as set out herein. Former § 74-470 pertained to complaints and appeals and derived from Ord. No. 54, adopted December 4, 1958.

    Effective on: 1/1/1901

    Sec. 74-471. - Type I home occupation use limitations.

    In addition to the use limitations listed in section 74-469, Type I home occupation shall have the following additional use limitations.

    1. One nonresident employee is allowed. A "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the Type I home occupation who does not live at the dwelling but routinely visits the site as part of the home occupation.
    2. No more than ten customer vehicles may visit the dwelling unit in a day.
    3. Group gatherings or meetings, involving more than one customer, may be held at the location of the home occupation no more frequently than one time per month and shall be held inside the home occupation dwelling unit or its accessory structure. Parking for these events can occur in the right-of-way in areas where parking is not prohibited.
    4. Customers and the employee of the home occupation shall visit the residence only between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday.
    5. On-site retail sales of goods shall be an accessory to services provided at the dwelling unit. This does not include retail sales of goods that are shipped or delivered to the customer off-site.
    6. Type I home occupations shall only occur in a single-family or two-family dwelling unit or within a structure accessory to a single-family or two-family residential building.
    7. No more than one Type I home occupation is permitted per dwelling unit. A separate Type II home occupation is allowed.
    8. Except as provided in section 74-471(3), no customer or employee parking associated with the Type I home occupation shall occur in the right-of-way.

    (Ord. No. 1780 , § 12, 4-9-2018)

    Editor's note— Ord. No. 1780, § 11, adopted April 9, 2018, in effect, repealed § 74-471 and enacted a new § 74-471 as set out herein. Former § 74-471 pertained to application process; new and derived from Ord. No. 54, adopted December 4, 1958.

    Effective on: 1/1/1901

    Sec. 74-472. - Type II home occupation use limitations.

    In addition to the use limitations listed in section 74-469, Type II home occupation shall have the following additional use limitations.

    1. Type II home occupation shall only be conducted by a person residing in the dwelling.
    2. No routine customers or employees shall visit the location of a Type II home occupation.
    3. Type II home occupation shall not conduct retail sales or wholesale transactions at the location of the home occupation. This does not include retail sales of goods that are shipped or delivered to customers off-site.

    (Ord. No. 1780 , § 13, 4-9-2018)

    Editor's note— Ord. No. 1780, § 11, adopted April 9, 2018, in effect, repealed § 74-472 and enacted a new § 74-472 as set out herein. Former § 74-472 pertained to application process; renewal and derived from Ord. No. 54, adopted December 4, 1958.

    Effective on: 1/1/1901

    Sec. 74-473. - Type I home occupation permit renewal.

    All home occupation permits shall be subject to renewal every five years.

    1. If there has been a complaint, violation, or a change in the home occupation during the previous five years, then the renewal will be considered by the zoning administrator. No later than 30 days prior to the date for renewal, the zoning administrator shall send the home occupation permit holder written notice, sent via United States Postal Service, informing the permit holder that their home occupation is in need of renewal and the renewal must be considered by the zoning administrator. The written notice shall state the reason (complaint, violation, or change in business) the renewal must be considered by the zoning administrator. The written notice shall also include an application for renewal and a deadline by which the community development department must receive the form. The deadline for receiving the renewal application shall be a minimum of 14 calendar days from the date of the renewal notice. Upon receiving the completed application and associated fees, within ten business days the zoning administrator shall provide the applicant a written decision regarding the permit renewal.
    2. If there have been no complaints, violations, or a change in the home occupation during the previous five years, the zoning administrator shall review the home occupation. If no complaints, violations, or changes have occurred in the previous five years and, if applicable, the home occupation has a valid city business license, the zoning administrator shall renew the home occupation permit for another five-year period and notify the permit holder in writing of the renewal.

    (Ord. No. 1291, § 1, 3-24-1997; Ord. No. 1640, 3-23-2010; Ord. No. 1762 , § 7, 3-27-2017; Ord. No. 1780 , § 14, 4-9-2018)

    Editor's note— Ord. No. 1780, § 11, adopted April 9, 2018, in effect, repealed § 74-473 and enacted a new § 74-473 as set out herein. Former § 74-473 pertained to home office application and derived from Ord. No. 54, adopted December 4, 1958.

    Effective on: 1/1/1901

    Sec. 74-474. - Complaints and permit revocation.

  • Complaints concerning home occupations shall be made to the community development department of the city, or may be initiated by the city. Any person in violation of the provisions of this article shall be notified by the zoning administrator, or a member of their department, of the violation. The violation notice shall be sent via United States Postal Service to the address listed on the home occupation application. The notice shall state that the home occupation permit holder has ten business days from the date of the notice to cure the violation indicted therein.
  • In the event such violation is not cured within the time specified in the violation, a written revocation notice shall be sent to the home occupation permit holder. The revocation notice will be sent via registered mail to the address listed on the home occupation application and shall state the date on which such home occupation permit revocation shall be effective. The revocation notice shall further state that any person who is aggrieved by the determination that a violation exists may appeal to the planning commission as described in this article.

    • (Ord. No. 1780 , § 15, 4-9-2018)

    Effective on: 1/1/1901

    Sec. 74-475. - Appeals.

    In the event an application for or request for renewal of a home occupation permit is denied by the zoning administrator, the applicant may appeal to the planning commission by written notice of appeal to the zoning administrator within ten days of the date upon which written denial was issued. If an appeal is filed, the planning commission shall schedule and hold a hearing within 60 days of the filing date of the appeal. The planning commission shall uphold or reverse the determination that a home occupation violation exists, and if such violation is found to exist, revoke the home occupation permit. Any party aggrieved by such appeal finding may further appeal to the district court of the county pursuant to K.S.A. 60-2101(d) .

    (Ord. No. 1780 , § 16, 4-9-2018)

    Effective on: 1/1/1901

    Secs. 74-476—74-499. - Reserved.

    Effective on: 1/1/1901

    T

    Type I home occupation means a business, profession, occupation or trade conducted, wholly or in part, within a single-family or a two-family dwelling unit or within a structure accessory to a single-family or two-family residential building in which an employee or customers routinely visit the residence. Examples include but are not limited to: counseling, tutoring, musical instruction, contractor office, and hair cutting/styling.

    Effective on: 1/1/1901

    T

    Type II home occupation means an economic activity involving no routine customers or employees on the premises. A Type II home occupation has no discernable impact on the surrounding neighborhood and can occur in any typical dwelling unit. Examples include but are not limited to: writer, accountant, consultant, and computer programmer.

    (Ord. No. 54, art. 5, § 5-302, 12-4-1958; Ord. No. 1291, § 1, 3-24-1997; Ord. No. 1780 , § 9, 4-9-2018)

    Effective on: 1/1/1901