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Mount Horeb Village
City Zoning Code

ARTICLE X

Home Occupations

17.111 Definition.

[Amended 11-3-1999 by Ord. No. 99-13]
Home occupations, including professional home offices, are economic activities performed within any dwelling unit which comply with the following requirements and are compatible with the character of nearby residential areas. Examples include personal and professional services, contractor's offices, handicrafts and other items produced on-site, and the sale of Tupperware®, Shaklee®, Amway™, and Avon® products or other similar activities that are customarily conducted from a residence, as determined by the Village Administrator, or his/her designee, which comply with all of the special regulations listed under § 17.112, below.

17.112 Special use regulations (all districts).

(1) 
The home occupation shall not be conducted on any porch, deck, patio or other unenclosed or partially enclosed portion of the dwelling unit or lot, nor shall any use other than storage be conducted in any accessory structure except the garage.
(2) 
No more than 25% of the gross floor area of the dwelling (exclusive of garage and porch areas) shall be used for the home occupation and/or storage for a business conducted elsewhere.
[Amended 8-14-2007 by Ord. No. 2007-21]
(3) 
No alterations or improvements to the home which are designed to meet commercial or industrial standards or which substantially alter the residential character of the structure shall be permitted.
(4) 
Signs shall comply with the sign regulations applicable to residential districts.
(5) 
In no instance shall a home occupation create a nuisance for neighboring properties. There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical interference, fire hazard, traffic, or any other hazard emanating from the dwelling so as to create a nuisance other than that usually experienced in a typical dwelling under normal circumstances wherein no home occupation exists.
(6) 
The sale of goods from the location of the home occupation shall be limited to items produced on-site and the sale of Tupperware®, Shaklee®, Amway™, and Avon® products or other similar activities that are customarily conducted from a residence as determined by the Village Administrator, or his/her designee. No more than two customers (or two parties of customers) shall be within the residence at any one time. In addition, two group gatherings or sales shall be permitted per calendar year. Goods intended for sale off-site may be delivered by passenger motor vehicle or by parcel or letter-carrier mail service using vehicles typically employed in residential deliveries. The direct sale of goods produced off-site, other than those described above to the consumer, from the dwelling is prohibited.
(7) 
The provision of services at the location of the home occupation shall be conducted on an appointment basis only. No more than two customers (or two parties of customers) shall be within the residence at any one time. In addition, two group gatherings shall be permitted per calendar year.
(8) 
The home occupation shall be conducted by a resident of the dwelling unit, and no more than one other person shall be employed, on either a part-time or full-time basis, in the business.
(9) 
A minimum of two off-street parking spaces reserved for business use shall be provided on-site for home occupations engaged in the provision of a service, the sale of items produced on site, or the sale of Tupperware®, Shaklee®, Amway™, and Avon® products or other similar activities that are customarily conducted from a residence as determined by the Village Administrator, or his/her designee.
(10) 
No more than two home occupations shall be carried on in any single-family detached dwelling unit and associated accessory structures, and no more than one home occupation shall be carried on in any attached dwelling unit and associated accessory structures.
(11) 
Property owners' written permission is required as part of the special use application.
(12) 
The home occupation may not display or create any evidence of the business outside of the home, nor on the property, other than permitted signage.
[Amended 8-14-2007 by Ord. No. 2007-21]
(13) 
Outside storage of materials, equipment, or goods related to the home occupation is prohibited.
(14) 
Separate entrances from the outside of the dwelling unit to accommodate the home occupation may not be added.
(15) 
In no instance may an occupation permanently occupy over 600 square feet of the principal building where the business is operated.
[Amended 8-14-2007 by Ord. No. 2007-21]
(16) 
Nothing in this chapter shall prevent a condominium association's board of directors, a cooperative association's board of directors, or a landlord from adopting a rule prohibiting home occupations on the premises.
(17) 
Instruction related to hobbies, health and recreation, and vocational training (e.g., artisan crafts, cooking, yoga, tax preparation, retirement planning, genealogy, etc.) shall be permitted by right for sessions which meet all of the following criteria, and shall require a conditional use permit for sessions which fail to meet one or more of the following criteria:
[Added 5-6-2009 by Ord. No. 2009-09]
(a) 
A maximum of eight students per class.
(b) 
A maximum of three hours per class.
(c) 
A maximum of three classes per week.
(d) 
Class hours between 8:00 a.m. and 9:00 p.m.
(e) 
No exterior signage beyond otherwise permitted nameplate sign.
(f) 
All classroom activities shall be conducted indoors.

17.113 Prohibited home occupations.

[Amended 11-3-1999 by Ord. No. 99-13]
The following activities shall not be permitted as home occupations:
(1) 
Any repair of motorized vehicles, other than those titled to that site, including the painting or repair of automobiles, trucks, trailers, boats, motorbikes, motorcycles, or lawn equipment;
(2) 
Animal hospital, kennels, stables, or bird-keeping facilities;
[Amended 8-14-2007 by Ord. No. 2007-16]
(3) 
Restaurants;
(4) 
Funeral chapels or homes, crematoria, mausoleums;
(5) 
Medical or dental clinics, provided that nothing in this chapter shall prohibit the performance of house calls or emergency medical services in a residential dwelling;
(6) 
Any facility where products are manufactured, produced or assembled when the home occupation operator is not in the retail sale for such products;
(7) 
Public places of amusement, such as theaters or video arcades;
(8) 
The sale of firearms or ammunition;
(9) 
Warehousing, welding, or machine shops; or
(10) 
Contractor businesses, including general construction, landscaping, and all other building trades, if the conduct of such business includes any of the following:
(a) 
Delivery of business goods or materials, other than office supplies, to the premises;
(b) 
On-premises assembly and/or storage of goods and materials utilized in the operation of such business; or
(c) 
Use of the premises as a rendezvous point, meeting area, or vehicle parking area for off-premises employees.