Purpose: It is the intent of this section to regulate home occupations in residential uses. A home occupation is an accessory use of a dwelling unit, conducted by one (1) or more persons who reside at the property. The home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the appearance or character thereof or adversely affect neighboring. The intent of these regulations is to preserve the character of the neighborhood, to limit activities that may adversely impact the area, such as increasing noise, traffic, dust, smoke, emissions, and electromagnetic interference; and to foster the growth of small businesses in the community.

A.

When in compliance with the requirements of this section, a home occupation shall be similar in type or character, but not limited to the following uses: Art studio, child care for not more than five (5) children, contracting services, cosmetology, crafting, dressmaking, alterations, tailoring, Internet based sales, professional offices, teaching or tutoring inclusive of arts.

(Ord. No. 19-2-3, §§ III, 2-4-19)

B.

Permit process:

1.

Pre-application meeting: The Planning Director, or his designated staff, shall advise applicants of the regulations for home occupations such as appropriate activities for home occupations, operational regulations, and consequences for violating operational regulations. The Planning Director, or his designated staff, shall determine whether the premises to be permitted is in compliance with the St. Charles Parish Code of Ordinances, or what measures must be taken to bring the premises into compliance prior to consideration of an application for a home occupation permit.

2.

Application: A citizen who proposes appropriate activities at a residence that is not in violation of the Code of Ordinances may apply for a permit for a home occupation. The applicant must agree to follow operational regulations listed in section C. When an applicant does not own the subject property, the applicant must provide notarized endorsement of the application by the property owner.

3.

Departmental review: The Planning Director, or his designated staff, shall determine whether the proposed use complies with the operational regulations of this section.

4.

Public notice and comment:

a.

Once the Planning Director has determined that the proposed use meets the general parameters of this code and the operational requirements of this section, the property shall be posted for ten (10) days with a sign stating that the resident has applied for a permit to operate a home occupation and that the Department of Planning and Zoning will receive and record public comment on the application for the same ten (10) calendar days.

b.

If objections to the proposed activity are submitted to the Planning Director, the application will be forwarded to the Planning Commission for public hearing and consideration.

5.

Determination: The Planning Director, or his/her designee, shall consider the nature of the home occupation, the operational regulations, the relationship of the proposed home occupation to neighboring properties, requirements for state permits and licenses, and take one of the following actions:

a.

Issue a home occupational permit with or without written conditions, for those occupations that do not require state or federal permits or licenses.

b.

Forward applications requiring state or federal permits or licenses along with a recommendation of the Department to the Planning and Zoning Commission for public hearing and decision.

c.

Deny the application.

C.

Operational regulations:

1.

No dump truck, bus, construction vehicle, semi-truck, or vehicle of similar nature shall be permitted to park on the subject property as part of a home occupation. Any vehicle or trailer that will be used in the operation of a home occupation must be documented with photographs as part of the application process.

2.

There shall be no signs posted which indicate the existence of the home occupation.

3.

No non-resident employees or contractors associated with the home occupation will visit the home for business purposes-this includes, but is not limited to picking up work assignments, materials, or payment.

4.

There shall be no outdoor storage of materials or products on the premises.

5.

Indoor storage of material or products shall not exceed twenty (20) percent of the gross floor area of the dwelling.

6.

The home occupation shall not eliminate or impede required off-street parking.

7.

The home occupation shall not cause any external effect such as increased noise, excessive traffic, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential area, or in violation of any applicable governmental code. There shall be no illegal discharge of materials, fluids, or gases into the sewer system, or any other manner of discharging such items in violation of any applicable governmental code.

8.

The resident or residents engaged in the home occupation shall possess all required licenses including a St. Charles Parish Occupational License"; Department of Health and Hospitals; and other state or federal permits or licenses.

9.

No alcoholic beverages shall be sold, offered, or provided in a commercial capacity in the home where the occupational license is held, in connection with the operation of a home occupation. (Ord. No. 21-12-8, § I, 12-20-21)

10.

Home occupation permits are not transferrable as to person or location.

11.

Home occupation activities which include the manufacture, sale, or repair firearms (or any related commercial activity) shall be prohibited in R-2 and R-3 residential zoning districts, and shall be additionally prohibited on residentially zoned lots which contain more than one (1) dwelling unit.

D.

Revocation of home occupation permit:

1.

A home occupational permit may be revoked by the Planning Director upon violation of any requirement of this Code, or of any condition or requirement of any permit granted, unless such violation is corrected within five (5) days of notice of such violation.

2.

Any such permit may be revoked after three (3) violations of any requirements of this section, or of the conditions of such permit, or where the Planning Director finds that the continuation of the home occupation permit will have a detrimental effect upon the surrounding subdivision or neighborhood.

3.

The Planning Director may conduct a public hearing on the revocation of a home occupation permit.

E.

Appeal: Any and all appeals to the decision of the Planning Director/Planning Commission shall be to the St. Charles Parish Board of Adjustments in accordance with the provisions of section XIII of this Code.

(Ord. No. 15-7-5, § X, 7-6-15)