The purpose of this section is to permit and regulate Home Enterprise.

Home Enterprise permitted uses shall be divided into three categories according to the degree of potential neighborhood impact.

Use of a residence for a home office: This category shall consist of Home Enterprises that have no impact on the neighborhood such as the use of a residence for a home office and meet all of the following requirements:

8.3.1.

No visible exterior evidence of the Home Enterprise. There shall be no exterior change to the residence in connection with the Home Enterprise.

8.3.2.

No clients or customers allowed on premises.

8.3.3.

No employees, except residents of the dwelling.

8.3.4.

Meets all general requirements in section 8.6.

Use of a residence for a home office with limited client or customer visits: This category shall consist of Home Enterprises that have a very low impact on the neighborhood such as the use of a residence for a home office with limited clients or customers, and that meet all of the following requirements:

8.4.1.

No visible exterior evidence of the Home Enterprise, except as provided in Section 8.8 and a sign permitted by Section 12. There shall be no exterior change to the residence in connection with the Home Enterprise.

8.4.2.

Clients or customers are allowed on premises by appointment only.

8.4.3.

The Home Enterprise is limited to a maximum of 3 part-time or full-time outside employees, regardless of the number of Home Enterprises conducted at the premises.

8.4.4.

No on-street parking shall be permitted. The residence shall provide sufficient parking areas, not less than twenty-five (25) feet from highways or lot lines. The Commission may limit the number and types of vehicles on the premises for business purposes. Parking areas shall be screened from adjoining residential property and from the street. An appropriate screening material shall be used, such as five-foot high evergreens on four-foot centers or a solid fence sufficient to screen parking.

8.4.5.

Meets all general requirements in Section 8.6.

This category shall consist of Home Enterprises that are not classified as Category I or II that have a low impact on the neighborhood so as to preserve the residential and rural character of the neighborhood. Each application shall be assessed based upon the particular characteristics of the proposed Home Enterprise. In reaching a decision, the Commission shall be guided by the standards and requirements set forth in this section. In approving a Home Enterprise use, the Commission may attach conditions to the special use permit, which are necessary to assure compliance with the standards set forth in this section. Failure to comply with the conditions of the special use permit shall be grounds for revocation. The issuance of a special use permit is subject to the following requirements.

8.5.1.

The applicant shall submit a site plan showing exterior changes or improvements associated with establishing the proposed use. The Commission may waive portions of the site plan where it determines such information is not applicable or necessary to render its decision on the proposed use.

8.5.2.

If the Zoning Enforcement Officer or Zoning Commission determines that the proposed application involves no exterior changes or site improvements, the applicant shall provide a plot plan drawn to scale showing the location of the buildings and parking areas, screening as well as other relevant information regarding the areas of property utilized for the proposed use.

8.5.3.

The applicant shall submit a floor plan drawn to scale showing the total square footage to be devoted to the Home Enterprise in the home and any accessory building. It shall also show and label the different activity areas, i.e. office area, customer area, work area, storage area.

8.5.4.

The applicant shall submit a business use and activity plan. This shall consist of a written statement describing in general the type and nature of the proposed activity, the product, equipment and processes involved, projected typical volume and type of vehicular activity, employee and customer/client activity and such other information as the Commission shall require to make a determination that the proposed use qualifies under the standards and requirements of these regulations.

8.5.5.

The Home Enterprises are limited to a maximum of three (3) part-time or full-time outside employees (other than residents of the premises), regardless of the number of Home Enterprises conducted at the premises.

8.5.6.

No Home Enterprise use shall be primarily devoted to retail sales on the premises. No goods offered for sale shall be visible outside the buildings. The application shall specify the types of products offered for sale. Where requested by the Commission, samples of products proposed for retail sale shall be provided as part of the application. Retail sales associated with a Home Enterprise may be permitted only where such sales are related and accessory to the primary product or service and clearly incidental to the primary Home Enterprise use.

8.5.7.

No on-street parking shall be permitted. The residence shall provide sufficient parking areas to accommodate the proposed use, and these areas shall be not less than twenty-five (25) feet from highways or lot lines. The commission may limit the number and types of vehicles on the premises for business purposes. Parking areas shall be screened from adjoining residential property and from the street.

8.5.8.

An appropriate screening material shall be used, such as five-foot high evergreens on four-foot centers or a solid fence sufficient to screen parking.

8.5.9.

Property owners and /or residents within five hundred (500) feet of the property line of the proposed Home Enterprise shall be notified by certified mail by the applicant at least ten (10) days prior to the public hearing.

8.5.10.

Meets all general requirements in section 8.6.

8.6.1.

Home Enterprise uses shall be clearly subordinate to the use of the premises as a residence.

8.6.2.

Subject to the requirements of 8.3, 8.4 and 8.5 of this Section 8 as applicable, a home enterprise may be conducted in the residential building or in an accessory building or both, with the following limitations.

a.

Not more than thirty percent (30%) of the floor area of the residential building shall be used for Home Enterprise uses.

b.

The total area used for Home Enterprise uses including accessory buildings and indoor storage areas shall not exceed ninety percent (90%) of the floor area of the residential building or 2,000 square feet, whichever is less.

c.

All accessory buildings shall be architecturally compatible with the character of the residence and shall be set back from the front property line at least as far as the back line of the residential building or 100 feet, whichever is greater, with the following exception. If the residential building is set back 200 feet or more from the front property line, the accessory building shall be set back 200 feet or more. Accessory building sideline requirements shall comply with the Master Chart.

8.6.3.

There shall be no traffic, activity or noise of a nature or volume that causes a safety hazard or detracts from the rural character of the neighborhood.

8.6.4.

No finished goods acquired from off the premises shall be sold from the premises in the form acquired in connection with the home enterprise.

8.6.5.

There shall be no interference with radio, television or other electronic devices in the vicinity.

8.6.6.

The Home Enterprise shall not create a health or safety hazard, use or store any hazardous materials not customarily associated with residential use or adversely affect ground water. The Home Enterprise shall comply with all Federal and State statutes pertaining thereto.

8.6.7.

Except for the growing and sale of agricultural products, all Home Enterprise activities shall be engaged within the area of the residential building and/or the accessory buildings.

8.6.8.

To ensure the residential characteristics of the neighborhood, the Commission may set hours of operation, as it may deem appropriate.

8.6.9.

Deliveries to and from the Home Enterprise shall be restricted to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 12:00 noon on Saturday, local time.

Violation of a requirement of Section 8 may result in reclassification of a Home Enterprise into a different category or revocation of a zoning permit or special permit without limitation of other remedies available. Home Enterprises requiring a zoning permit or a special permit shall comply with applicable provisions of Section 18 of the Zoning Regulations.

Outdoor storage for a Home Enterprise may be permitted by a special permit satisfying Section 6 and applicable requirements of Section 8, together with the following additional requirements:

8.8.1.

Storage areas shall be a minimum of fifty (100) feet from a wetland or watercourse as determined by the Inland-Wetlands and Watercourses Commission.

8.8.2.

Property owners within five hundred (500) feet of the property of the applicant upon which the outside storage area is to be located shall be notified by certified mail by the applicant at least ten (10) days prior to the grant or renewal of a special permit.

8.8.3.

Underground storage tanks shall be prohibited.

8.8.4.

All storage tanks shall have year round screening from the street and adjacent properties.

8.8.5.

The Commission may specify the type of screening in accordance with Section 8.5.7.

8.8.6.

The Commission may limit the number and type of vehicles to be stored in an outdoor storage area.

8.8.7.

Outdoor storage areas shall comply as accessory buildings in accordance with the Master Chart and Subsection 8.6.2, and shall not exceed five hundred (500) square feet. Outside storage items shall not exceed a height of, and shall not be stored or stacked higher than, ten (10) feet.

8.8.8.

Outdoor storage will not be permitted when indoor storage is possible in compliance with Section 8.6.2.

8.8.9.

A special permit for an outdoor storage area shall be renewed annually. Such renewal shall be upon filing of an affidavit of compliance and approval by the Zoning Enforcement Officer or the Commission.