Loading...
CHAPTER 13 Title 4 Home Occupations CHAPTER 13 HOME OCCUPATIONS SECTION: 4-13-1: Home Occupation Defined 4-13-2: License Required 4-13-3: License Fees and Expiration 4-13-4: Investigation Fees 4-13-5: Inspections Required 4-13-6: License Application 4-13-7: License Nontransferable 4-13-8: Allowed Zones 4-13-9: Requirements of Granting of Permit 4-13-10 Licenses, Denial, Suspension or Revocation 4-13-11 Violations and Penalties 4-13-1: HOME OCCUPATION DEFINED: The term “home occupation” shall mean any occupation or profession which may be conducted within a residential dwelling, or allowed appurtenant building, without in any way changing the appearance or condition of the structures and carried on by persons residing therein. 4-13-2: LICENSE REQUIRED: Except as otherwise provided in this Chapter, no person shall conduct a home occupation business within the City without first obtaining a license from the City as required by this Chapter. 4-13-3: LICENSE FEES AND EXPIRATION: License fees for the operation of a home occupation shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. The relevant license fee shall accompany the application. Licenses issued under this chapter shall be paid in advance and shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk, with the exception of licenses for Childcare Facilities, Child Care Workers, Onsite Non-Providers which will expire two (2) years from the date of issue. 4-13-4: INVESTIGATION AND FEES: The following home occupation businesses shall be subject to a background investigation and related fees. Said fee shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. Upon receipt of an application for a home occupation that requires a background investigation, the Clerk shall investigate all information stated in the application and conduct a background check. If during the course of the investigation it is determined that the contents of the application are true, that the applicant is qualified to receive a license and that the requirements of this Chapter have been met, a license shall be issued. (A) Day Cares Title 4, Chapter 13 Page 1 of 3 REVISED 9-2-2021 (B) Preschools (C) Any business that involves physical contact of another person (D) Businesses as may be determined necessary by the City Council 4-13-5: INSPECTIONS REQUIRED: The following home occupations shall be required to have an annual fire inspection: (A) Day Cares (B) Preschools (C) Businesses determined by the Fire Marshall to require a fire inspection shall be inspected prior to the issuance of the first annual license and shall then be inspected on a schedule to be determined by the Fire Marshall. 4-13-6: LICENSE APPLICATION: Applications for home occupations shall be made at the City Office on a form furnished by the Clerk. 4-13-7: LICENSE NONTRANSFERABLE: Home Occupation Licenses issued by the City shall not be assigned or transferred to any person other than the named holder. Issuance of a license by the City shall not authorize any person other than the person or entity named thereon to conduct such business; nor shall it authorize any business other than that named to be done or transacted. Issuance of a license shall not permit the named business to be conducted at any address other than the location described in the application. All licenses shall state the location of the business upon the face thereof. 4-13-8: ALLOWED ZONES: Home occupations may be granted in any residential zoning area of the city. 4-13-9: REQUIREMENTS OF GRANTING OF PERMIT: Before a license for a home occupation can be issued the following conditions must be met: (A) No employment of help, other than the members of the residing family. EXCEPTION: Childcare/Preschools licensed to care for more than six (6) children, at one time, may be allowed to have one (1) person from outside the residence performing functions of the Childcare/Preschool at any given time. This exception in no way exempts the provider from complying with Title 6, Chapter 3 of the Ammon City Code or any other provisions within this chapter. (B) No more floor space than the equivalent of twenty-five (25) percent of the building shadow line (excluding garage and open patios etc.) area of the dwelling shall be used in the home occupation. EXCEPTION: Childcares/Preschools are approved based on the maximum children allowed in Title 6, Chapter 3 Section 6-3-3-B & C. (C) The use shall not generate excessive pedestrian or vehicular traffic. Title 4, Chapter 13 Page 2 of 3 REVISED 9-2-2021 (D) No storage of materials or supplies outdoors, and no use of commercial vehicles for delivery of materials to and from the premises. (E) No signs or advertising shall be permitted on the premises, except one name plate, not exceeding four hundred thirty-two (432) square inches. (F) In no way shall the appearance of the building be so altered, or the occupation conducted in such a manner, as to cause the premises to deviate from its residential character, either by color, materials or construction, or by lighting, signs, sound or noise vibrations, etc. (G) There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes. (H) The applicant shall sign a statement that he is aware of all requirements and conditions under which approval of the home occupation is given and that if any of said requirements or conditions are violated; approval shall become null and void. Said statement shall become a part of the Certificate of Occupancy. 4-13-10: LICENSES, DENIAL, SUSPENSION OR REVOCATION: The City Clerk may revoke, deny or suspend any license issued under this chapter upon giving ten (10) days’ notice to the license holder. Appeals of the City Clerk’s decision must be filed within fourteen (14) days after the revocation, denial or suspension and shall be heard at the next available City Council meeting. Failure to appeal shall be deemed as a final decision of the City. The ruling of the City Council shall be the final decision of the City. 4-13-11: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Title 4, Chapter 13 Page 3 of 3 REVISED 9-2-2021