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Toledo City Zoning Code

CHAPTER 17

46 - HOME OCCUPATION PERMITS

17.46.010 - Purpose.

The purpose of this chapter is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted in all residential units (dwellings), subject to the following standards.

(Ord. 1307 § 35 (part), 2005)

17.46.020 - Appearance of residence.

A.

The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

B.

The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

C.

The home occupation shall not violate any conditions of development approval.

D.

No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

(Ord. 1307 § 35 (part), 2005)

17.46.030 - Storage.

A.

Outside storage, visible from the public right-of-way or adjacent properties is prohibited.

B.

On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

C.

Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

(Ord. 1307 § 35 (part), 2005)

17.46.040 - Employees.

A.

Other than residents within the dwelling located on the home occupation site, there shall be no employees at the home occupation site at any given time.

B.

Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick-up/deliver at the home.

C.

The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

D.

Authorization for up to one full-time equivalent (forty (40) hours per week) may be granted but requires one additional off-street parking space. The requirement will be evaluated as a Class A variance in Section 17.68.030(C). Full-time equivalent employee does not include contract service workers that are not specifically required for the home occupation, such as, but not limited to, contractors, house cleaning, handyman, and landscapers.

(Ord. 1307 § 35 (part), 2005; Ord. No. 1430, § 43, 5-7-2025)

17.46.050 - Advertising and signs.

In no case shall a sign exceed six square feet.

(Ord. 1307 § 35 (part), 2005)

17.46.060 - Vehicles, parking, and traffic.

A.

One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

B.

There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily.

C.

There shall be no more than one client's or customer's vehicle at any one time and no more than eight per day at the home occupation site.

(Ord. 1307 § 35 (part), 2005)

17.46.070 - Business hours.

There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from eight a.m. to eight p.m. only.

(Ord. 1307 § 35 (part), 2005)

17.46.080 - Prohibited home occupation uses.

A.

Any activity that produces radio or TV interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards, or that can be detected beyond the property line is prohibited.

B.

Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowable. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or craft instructors, computer software from computer consultants, and similar incidental items for sale by home businesses are allowed.

C.

Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke, or vibration, such as, but not limited to:

1.

Ambulance service;

2.

Animal hospital, on-site veterinary services, kennels, or animal boarding;

3.

Auto or other vehicle repair, including auto painting;

4.

Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on-site.

D.

Medical marijuana dispensary facilities, whether operating illegally without a business license or registered pursuant to ORS 475.314.

E.

Marijuana producer, marijuana processor, marijuana retailer, marijuana wholesaler, and marijuana laboratory.

(Ord. 1307 § 35 (part), 2005)

(Ord. No. 1357, § 6, 11-19-2014; Ord. No. 1360, § 8, 2-3-2016)

17.46.090 - Exceptions.

The following exceptions to the home occupation chapter shall apply for certain home occupations as listed:

A.

Day Care Home.

1.

Vehicle round trips may be increased to sixteen (16).

2.

Hours of operation may be expanded to six a.m. to eight p.m.

(Ord. 1307 § 35 (part), 2005)

17.46.100 - Enforcement.

The community development director may visit and inspect the site of home occupations in accordance with this chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. A city of Toledo business license is required for all home occupations.

(Ord. 1307 § 35 (part), 2005)