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Saint Joseph Town Saint Croix County
City Zoning Code

ARTICLE XIII

Home Occupations

§ 170-69 Purpose.

A. 
The purpose of this article is to:
(1) 
Protect residential and agricultural areas from adverse impacts of activities associated with home occupations;
(2) 
Permit residents of the community an opportunity to conduct a business at their place of residence; and
(3) 
Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in the residential and agricultural districts.
B. 
Types of restricted occupational uses within the residential and agricultural districts which:
(1) 
Are incidental to the use of the premises as a residence or a farm.
(2) 
Are compatible with residential or agricultural uses.
(3) 
Are limited in extent.
(4) 
Do not detract from the residential or agricultural character of the neighborhood.

§ 170-70 Applicability and definition.

This article applies to any home occupation. Home occupations are divided into minor, major, and nonconforming home occupations.

§ 170-71 General standards.

A. 
The following standards apply to all home occupations:
(1) 
The person principally responsible for the home occupation must reside at the location of the proposed home occupation.
(2) 
All home occupations shall be clearly incidental and secondary to the use of a dwelling or accessory structure for residential or agricultural purposes, and the appearance of the structure shall not be altered or the occupation within the dwelling or accessory structure be conducted in such a manner which would cause the premises to differ from its residential or agricultural character by either the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, odors or vibrations. In no case shall any home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.
B. 
Storage.
(1) 
Exterior storage of business equipment, merchandise, inventory, vehicles or heavy equipment directly related to the business shall be orderly and reviewed and approved by the Plan Commission and Town Board.
(2) 
Materials, including organic materials such as rock or plants, may be stored within the permitted home occupation area outside of an enclosed structure and approved by the Plan Commission and Town Board.
(3) 
Any permitted exterior storage of materials shall have a natural screening to create a pleasant transition with the storage area and that of the roadway or neighboring residence.
C. 
Home occupations shall not produce objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on which the home occupation is located.
D. 
Home occupations shall not illegally discharge any materials, fluids or gases into an on-site waste disposal system nor discharge such items in violation of any applicable government.
E. 
Sales are conducted on the owner's property with products produced on-site. Multiple-family sales are permitted if they are held on the property of one of the participants.
F. 
Sign(s) shall conform with the applicable sign ordinance.
G. 
All previously permitted home occupations which are now deemed nonconforming home occupations by this article shall be allowed to continue operating, provided that the user/permit holder adheres to the requirements set forth in this article or until the use is abandoned by the user/permit holder.

§ 170-72 Minor home occupations.

A. 
A home occupation is considered a minor home occupation that is allowed without permit or hearing if it conforms to all of the following:
(1) 
Minor home occupations shall not be conducted in any building on the premises other than the principal dwelling.
(2) 
No more than two people from the residence in which the business is located shall be employed in the occupation.
(3) 
The area set aside for the home occupation shall not exceed 50% of the total floor area of the residence.
B. 
Permitted minor home occupations include, but are not limited to, the following:
(1) 
Independent artists or craftspeople;
(2) 
Telephone answering or marketing;
(3) 
Tutoring for up to three students at a time;
(4) 
Home cooking and preserving for sale off-site;
(5) 
Computer programming, data entry or other data processing services; and
(6) 
Secretarial services.

§ 170-73 Major home occupations.

A. 
A major home occupation is any proposed or existing home occupation that does not meet the standards for a minor home occupation.
B. 
A major home occupation requires a conditional use permit.
C. 
All major home occupations shall meet all of the following additional standards:
(1) 
Major home occupations must be conducted within the principal dwelling and/or within a permitted accessory structure, and no mechanized equipment shall be used outside of an enclosed structure outside of business hours.
(2) 
Major home occupations may not be located within 20 feet of any preexisting neighboring residence. The conditional use permit can require additional distance, up to a maximum of 500 feet, if the additional distance can be shown to mitigate negative impacts to a neighboring residence associated with sounds or views.
(3) 
No more than four persons other than a resident of the principal dwelling may be employed or engaged in a major home occupation.
(4) 
Only merchandise directly incidental to a service provided may be displayed or sold within the dwelling or structure used for a major home occupation.
(5) 
Major home occupations authorized in an agricultural district must be limited to agriculturally related activities.
D. 
Permitted major home occupations with a conditional use permit include the following:
(1) 
Independent artists or craftspeople;
(2) 
Telephone answering or marketing;
(3) 
Tutoring for up to eight students at a time;
(4) 
Home cooking and preserving for sale off-site;
(5) 
Computer programming, data entry or other data processing services;
(6) 
Secretarial services; and
(7) 
Any other occupations that are accepted by the Town during the conditional use permitting process.

§ 170-74 Inspections.

There may be one annual inspection each year of any authorized home occupation by the Zoning Administrator and/or the local Fire Inspector. In addition, the Zoning Administrator or his designee may at any time, with reasonable request, enter and inspect the premises for safety and compliance purposes.