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18.50.070 Home Occupations
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Purpose: this section -

Maintains neighborhood integrity and preserves the residential character of neighborhoods by encouraging compatible land uses.

Provide residents of the City an option to use their residences as places to enhance or fulfill personal economic goals while protecting the residential rights of neighbors.

Establishes criteria for operating home occupations in dwelling units within residential districts.

Assure that public and private services such as streets, sewers, water and utility systems are not burdened by home occupations to the extent that usage significantly exceeds that normally associated with a residence.

A. Applicability

This section applies to any home occupation, defined as an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered, as an economic enterprise. The use is clearly incidental or subordinate to the residential use of a dwelling. (Ord. 02-54 § 2, 2002)

B. Where Permitted

Home occupations are permitted as an accessory use to a residence within the R-1, R-2, R-3, R-4, and N districts subject to the requirements of this section.

C. Uses permitted

Uses allowed as home occupations shall comply with the standards established in subsections D through K of this section.

D. Area of use

1. Home occupations shall be entirely contained within the interior of a residence or in garages or accessory structures on the site.

2. Automobile, vehicle or equipment repair occupations are not allowed in garages or accessory structures.

3. Equipment or materials used in a home occupation may not be stored outside the residence.

4. No visible evidence of the business shall be apparent from the street or the surrounding area.

5. Family day-care homes may have an outside play area which shall be screened.

E. Employees

1. The home occupation is restricted to family members residing on the premises with no assistance from other individuals or groups. Home occupations are subject to the following:

a. The operator of the home occupation resides in the main residence on the subject property, and

b. No more than two clients or patrons are allowed on the premises at the same time (except as provided in this chapter for Day-Care and Child-Care Centers). Visitations, deliveries and vehicle trips associated with the home occupation are not permitted between the hours of 9:00 p.m. and 6:00 a.m., and

c. The only sign allowed is a two (2) square foot nameplate attached to the face (wall) of the building near the main entrance of the main building.

d. All aspects of the home occupation shall be conducted within a fully enclosed building consisting of the main structure or accessory structures meeting the Building Code, and

e. Nothing contained in the action to approve the home occupation shall be used as justification for a zone change.

f. No structures allowed that do not otherwise meet the conditions of the residential zoning district where the home occupation is located.

F. Sales, repairs and leasing

The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public is not permitted on the premises of a home occupation. “Members of the general public” do not include persons in the home by prior individualized invitation. This subsection does not apply to garage sales (⇔ see Section 18.50.020.C).

G. Traffic and parking

If parking for a home occupation occurs in a manner or frequency which causes disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation, and will no longer be permitted as an accessory use.

H. Equipment and Materials

1. The outdoor storage of equipment and materials associated with the home occupation is prohibited.

2. The set-up, disassembly, or cleaning of equipment used for the home occupation is allowed in the rear yard. However, the materials and equipment must be moved to an indoor location when set up, disassembly or cleaning is completed.

I. Changes to exterior

The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a business operation.

J. Nuisance controls

1. A home occupation shall not create noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling.

2. The production, dumping or storage of combustible or toxic substances is not permitted on site.

3. Chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes is not permitted.

4. A home occupation shall not interfere with, or create fluctuations of, radio or television transmission or reception.

5. Home occupations are subject to Chapter 6.06 (Environmental Quality) of the Olathe Municipal Code.

K. Signs

No sign or other form of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the yard of a residence, except as permitted by Section 18.50.190, below.

L. Other regulations

Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued. This section shall not be construed as an exemption from those regulations.