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Shawnee City Zoning Code

CHAPTER 17

66 - HOME OCCUPATIONS

Sections

NOTE: Included herein are provisions adopted by Ord. 2975, 2010; Ord. 3064, 2013; Ord. 3131, 2015; Ord. 3143, 2015; Ord. 3154, 2016; Ord. 3175, 2016; and Ord. 3213, 2018.


17.66.010 - Permitted Conditions.

Home occupations are permitted in residential districts subject to all of the following conditions:

A.

In any dwelling unit, all home occupations collectively shall not occupy more than twenty-five percent (25%) of the total floor area of the dwelling, not including garage or unimproved basement space. These limitations shall not apply to foster family care or home day care operations.

B.

A home occupation shall not require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings.

C.

Foster family care or family child care homes; provided, those providers holding a valid City occupational license as of November 1, 1990, and keeps the license current, may provide child care as a home occupation for five (5) children other than their own as was previously allowed.

D.

Power shall be limited to electric motors with a total limitation of three (3) horsepower per dwelling unit.

E.

The home occupation shall be conducted by resident occupants of the dwelling unit in which the home occupation is conducted. The business may employ up to the equivalent of one (1) full-time employee (up to forty (40) hours per week combined if more than one (1) employee will work in the home). A business may have other employees that do not report to the residence.

F.

The commercial exchange of tangible or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. "Members of the general public" shall not include persons in the home or by prior individualized invitation.

G.

Employees not a resident occupant of the dwelling unit may work at the residence only between the hours of 7:00 a.m. and 9:00 p.m.

H.

Off-street parking must be provided and used by resident occupants of the business and employees, if a resident occupant has any active non-resident employees, during the operation of the home occupation. Vehicles used by the resident occupants and employees may not be parked in the street during business hours. The number and size of vehicles shall further be limited by SMC Sections 10.20.050; 10.020.060; and 10.20.070.

I.

Agricultural products sold must be grown on the property. No agricultural products may be brought to the property for sale.

J.

One (1) sign no greater than one (1) square foot in size may be placed inside the window of the residence.

17.66.020 - Permitted Uses.

Home occupations may include the following uses and uses of a similar nature which comply with the above sections:

A.

Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings.

B.

Fabrication and/or assembly of handicraft articles, not involving heating, refining, chemical or similar processes.

C.

Fine arts studio in which is created only individual works of art.

D.

Foster family care or day care (not more than five (5) children at one time unless they are members of the same family, subject to the providers holding a valid City occupational license as of November 1, 1990, and keep the license current). Family child care homes are allowed by right as defined in Chapter 17.04, and group day care homes providing care for six (6) or less children are allowed by right and are considered as a Family child care home as defined in Chapter 17.04. Group day care homes providing care for more than six (6) children, as defined in Chapter 17.04 may be allowed upon approval of a special use permit.

E.

Laundering or pressing.

F.

Professional office of an accountant, architect, attorney, author, engineer or other similar professional person, but not including medical, dental, osteopathic or chiropractic offices.

G.

Rooming and/or boarding of not more than one (1) person.

H.

Teaching or tutoring, including music, dancing, speech or other arts, with instruction limited to five (5) pupils at a time.

I.

One (1) chair beauty or barber salons may be allowed upon approval of a special use permit. The applicant will be required to enter into an agreement with the wastewater district regarding compliance with applicable commercial service requirements.

J.

Photography studio.

(Amend. of 10-12-2021)

17.66.030 - Exceptions.

The term "home occupation" shall not be interpreted to include any of the following uses:

A.

Repairing of automobiles other than those owned by the homeowner or lessor, appliances, equipment or similar items.

B.

Commercial stable or kennel.

C.

Sales to customers on the premises, except as noted in 17.66.010(F).

D.

Veterinary surgeon.

E.

Grooming of animals.

17.66.040 - Existing Home Occupations.

All existing home occupations that were legal prior to the adoption of this chapter and made nonconforming as a result of this chapter may continue as nonconforming uses; however, such nonconforming status does not transfer if the premises are sold or transferred to another person or persons.