The city recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the city also believes that the need to protect the integrity and character of its residential areas is of paramount concern. The home occupation regulations are the means used to blend these two (2) desires. The home occupation regulations seek to balance the need of some individuals to work at home with rights of other individuals to enjoy the residential character of their neighborhood and their private property. Further, the purpose of the home occupation regulations is to protect the health, safety, and welfare of neighborhood residents and the preservation of the neighborhood as a comfortable place for the people who live there.

(Ord. 1009, 6-22-1998)

The regulations set forth for home occupations shall apply to all residential dwelling units or residential accessory structures, irrespective of the zoning district. Should a residential use in the commercial zoning district fail to meet the conditions necessary to qualify as a home occupation, it is then considered a full commercial business and must comply with all regulations covering commercial establishments.

These regulations do not apply to land uses which require conditional use permits in residential zones which must go through a separate conditional use permit review process. Clinics, doctors' offices, hospitals, health care practitioners, hair or beauty salons, real estate offices, animal hospitals, kennels, automobile repair service, body shops, restaurants, warehousing and other similar uses are not considered home occupations and are not permitted to operate as such in any residential zone.

(Ord. 1009, 6-22-1998)

Home occupations in any zoning district where permitted shall be subject to the following performance standards:

A.

Location: A home business shall be carried on wholly within the principal building, provided that inside storage and/or minor assembly associated with the home occupation may also occur within an accessory structure. No home business nor any storage of goods, materials, or products connected with a home business shall be allowed outside of the principal building or accessory structure and there shall be no commercial on premises sales in connection with such home occupation.

B.

Number: More than one home business at the residence may be permitted provided the total effect of all occupations shall not exceed the performance standards for home occupations.

C.

Size: No more than thirty-five percent (35%) of the gross floor area of the principal dwelling unit may be used for home business(es). There is no restriction placed upon the usable area within an accessory structure provided no other activity besides inside storage and/or minor assembly activity is occurring and performance standards relating to maintaining residential character can still be met.

D.

Residency: A home business must be conducted by persons who reside in the dwelling unit. No person who does not reside on the premises shall engage in the business and be located on the premises.

E.

Restricted Materials: No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials in excess of those levels allowed by the current edition of the fire code in effect in the city of Sandpoint shall be used or stored on the site.

F.

Maintaining Residential Character: The business shall be conducted in a manner which will not alter the normal residential character of the premises by exterior alteration of the property, expansion of parking, construction, creation of a separate entrance, the use of color, materials, lighting, signs (other than on the applicant's vehicle), exterior storage of materials, garbage, goods or merchandise, or by the emission of sound, electric interference, vibration, dust, glare, heat, smoke, odors or liquids.

G.

Signs: There shall be no signs other than those permitted in the applicable zoning district.

H.

Business Traffic: Home occupations shall not impose any additional business traffic (i.e., traffic recruited to travel to or from the business) on the surrounding neighborhood. This requirement excludes occasional deliveries and any business or personal errands by the owner of the home occupation.

I.

Vehicles: Vehicles associated with the home occupation which are rated by the manufacturer for a maximum gross weight in excess of ten thousand (10,000) pounds gross weight shall not be operated out of the premises or park on the property or adjacent streets. No more than one vehicle used in the business may be parked on the premises or operated out of the premises.

J.

Parking: The home business shall not displace or impede the use of required parking spaces for the primary dwelling unit.

K.

Applicable Codes: Structures must meet city building, construction, fire and land use regulations.

L.

Motor Vehicle Related Home Businesses: Office only activities for motor vehicle related home businesses may be allowed.

(Ord. 1075, 12-18-2002)

All home occupations wishing to operate within the city limits shall complete and submit a home business registration form. Approval of said registration form shall constitute as a home occupation permit.

A.

Issuance and Terms of Permit: The planning director, or his or her designee, may issue a home occupation permit that complies with the provisions of this chapter, on forms prescribed by the city council. Anyone applying for permission to operate a home occupation acknowledges and agrees to operate the home occupation in accordance with the performance standards contained in this chapter.

B.

Fees: Any fee and/or fee schedule associated with a home occupation permit shall be set from time to time by resolution of the city council.

C.

Revocation of Permit: The zoning enforcement officer may revoke a home occupation permit and/or recommend assessment of fines as specified in this chapter, for reasons including, but not limited to:

1.

Failure to comply with "notice to cease nonpermitted home occupation activity".

2.

Any change in use or any change in extent of use, area of the dwelling unit being used, or mechanical or electrical equipment being used that is different from that specified in the granted home occupation permit form that is not first cleared and approved by the building official.

3.

Any change in use, or any change in extent of use, area of the dwelling unit being used, or mechanical or electrical equipment being used which violates any of the provisions of this chapter.

(Ord. 1009, 6-22-1998)

Should the zoning enforcement officer, at any time during the period in which a home occupation is in operation, receive a written complaint, and after conducting an investigation, find that the operation, or a portion thereof of such home occupation is in violation of the provisions of this chapter and/or the terms and conditions subject thereto, the zoning enforcement officer shall serve a notice, by certified mail, return receipt, to cease activities conducted in violation of the home occupations regulations. Such notice shall be headed "NOTICE TO CEASE NONPERMITTED HOME OCCUPATION ACTIVITY", shall contain a description of the property, shall describe the ordinance section(s) violated, shall specify the penalty provisions of this chapter, shall specify how they can remedy the violation and shall specify the appeal process contained in this chapter.

(Ord. 1009, 6-22-1998)

Appeals of administrative decisions made under the Home Occupation Regulations shall be made to the city council as specified in Section 9-9-10 of this Title.

(Ord. 1009, 6-22-1998)

A.

Violations: Violations of the Home Occupation Regulations may include the following, as well as those specified in Section 1-4-1 of this code:

Revocation of the permit;

Suspension of permit eligibility for a period not to exceed one year;

Assessment of costs to enforce compliance.

B.

Administrative Civil Penalty: Any person(s) who violates an order of the city or who fails to comply with any provision of this chapter shall be liable to the city for a civil penalty. The amount of such civil penalty shall not exceed three hundred dollars ($300.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation.

C.

Judicial Proceedings: Following entry of any order by the city with respect to the violation of this chapter, the city may commence an action for appropriate legal and/or equitable relief in the appropriate local court and the city shall be entitled to its costs and reasonable attorney fees in the event the city is the prevailing party.

(Ord. 1009, 6-22-1998)

All home occupations in existence prior to the adoption date of this chapter shall come into conformance with the provisions contained within this chapter within five (5) years.

(Ord. 1009, 6-22-1998)