§ 37.L. HOME OCCUPATION - GENERAL PROVISIONS.

L.

Regulations for Home Occupations.

1.

Purpose and Intent. The purpose of these regulations is to permit home occupations that will not change the character of the residential areas in the County. The intent of these regulations is to promote aesthetic considerations, conserve property values, as well as protect the residential neighborhoods from excessive noise, excessive traffic generation, nuisances, health and safety hazards as a result of a home occupation conducted in the residential zones.

2.

General Provisions.

a.

A home occupation is permitted in the following zones: A-R (Agricultural-Residential), R-E (Residential Recreation), R-1 (Single Family Residential), R-O (Single Family/Manufactured Homes Prohibited), R-OA (Single Family Residential/Manufactured Homes Prohibited/Limited Animal Use), and R-MH (Residential Manufactured Homes).

b.

A Zoning Permit and appropriate fees are required. A home occupation shall only be allowed after obtaining an approved Zoning Permit issued by the Development Services Department. A Zoning Permit for a home occupation permit is issued to the applicant and is nontransferable. Appropriate fee as adopted by the Board of Supervisors.

c.

The use of the dwelling unit as a home occupation shall be clearly incidental and subordinate to its use for residential purposes. Any activity related to the home occupation shall be conducted within the enclosed portion of the principal building.

d.

Except child care and adult care, the home occupation must be conducted in an area not to exceed twenty-five percent (25%) of the principal residence.

e.

Child care and adult care are limited to no more than four (4) individuals for compensation.

f.

A home occupation shall not be conducted in any accessory building or structure except for storage. A detached garage or accessory structure may be used for storage purposes but the storage area shall not exceed a total of two hundred (200) square feet. No storage of materials and/or supplies, including vehicles, which is hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood is allowed.

g.

No person(s), other than members of the immediate family residing on the premises, shall be engaged in the activities of the home occupation.

h.

There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residence or change the residential character of the building.

i.

An unlit sign no larger than twenty-four inches by twenty-four inches (24" x 24") is allowed on the premises. Window areas must not purposely or intentionally be used as display areas or offer merchandise for sale.

j.

Retail sales generating traffic or customer visits exceeding the standards in this section, or rentals conducted on the premises in connection with a home occupation are prohibited

k.

Home occupations shall not require internal or external structural alterations of the principal residence or install equipment or machinery not customary in a residential area.

l.

No open lot storage as defined by the Zoning Ordinance shall be permitted in connection with a home occupation beyond the storage requirement permitted for a residential use.

m.

The home occupation shall not generate pedestrian or vehicular traffic in greater volumes than would normally be expected in a residential area. Total customer visits related to the home occupation shall not exceed five (5) visits per week.

n.

Any need for parking as a result of the home occupation shall be located on-site and comply with Section 26 (Parking Requirements) of this Ordinance.

o.

No home occupation requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturb neighbors and alters the residential character of the premises shall be permitted.

p.

Delivery trucks shall not operate out of a residential area as a function of a home occupation.

3.

Prohibited Home Occupations. The following occupations, professions, and business activities of similar nature are prohibited as home occupations as defined in this Ordinance, but not limited thereto:

a.

Clinics, Hospitals, Animal/Veterinary Clinics;

b.

Restaurants, cafes, coffee shops;

c.

Auto/Truck/RV Repair Service;

d.

Licensed Day Care Facility;

e.

Building Contractor/Construction Activities;

f.

Ambulance Service, Taxi Service;

g.

Beauty Salon, Barber Shop;

h.

Auto/Car Sales, Parts Sales;

i.

Commercial and Large or Major Residential Appliance Repairs (air conditioners, furnaces, washing machines, dishwashers, refrigerators, freezers, and similar appliances, and any appliance manufactured for commercial use).

4.

Offices for certain home occupations, professions, and business activities may be permitted as home occupations, provided they adhere to the general provisions of this ordinance and they do not violate any performance standard prescribed herein.

5.

Occasional personal use involving sales on the internet, sale of a personal vehicle owned by the occupant, bringing work home from the primary work location or similar activity incidental to a residential use and does not violate the general provisions of this section are not considered home occupations.

6.

Enforcement and Revocation.

a.

A home occupation permit is subject to revocation upon thirty (30) days written notification by the Development Services Director if, in their opinion, the continued use of the home occupation is contrary to public health, safety, and welfare and violates the provisions of the performance standards. The notice shall be sent via certified mail to the owner's address written on the application for home occupation permit. The owner may appeal the department's decision to revoke the permit to the appropriate Board of Adjustment in accordance to the provisions of Section 30 of the Mohave County Zoning Ordinance.

b.

A petition signed by fifty-one (51%) percent of the property owners residing within 300 feet of the home occupation may be submitted stating the alleged violation of one (1) or more specific performance standards and initiate a public hearing to consider revoking the home occupation permit. The hearing will be conducted by the appropriate Board of Adjustment and the appeal process will be conducted in accordance with the provisions of Section 30 of the Mohave County Zoning Ordinance.