§ 36-44. Home occupations.

(a)

General. Home occupations shall be permitted in all residential zoning districts, provided the home occupation is clearly and obviously subordinate to the main use of dwelling for residential purposes and is not prohibited by subsection (c) and complies with the conditions set forth in subsection (b). Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses. Administrative, office and clerical functions performed at a residence by members of the family occupying the dwelling are specifically allowed and are not considered a home occupation.

(b)

Conditions.

(1)

The home occupation must be compatible with the residential use of the property and surrounding residential uses and not alter the residential character of the premises by reason of activity, color, design, materials, storage, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes, etc., nor shall it unreasonably disturb the peace and quiet of an individual and/or the residential neighborhood, nor interfere with the area radio or television reception;

(2)

The home occupation must be confined completely within the dwelling and/or a single accessory building, and occupy in total not more than 25 percent of the gross floor area of one floor of the residential dwelling thereof;

(3)

The home occupation may only be carried on by members of the family occupying the dwelling, with the exception of one other person either by employment or as an independent contractor;

(4)

The home occupation must not generate pedestrian or vehicular traffic in excess of five visits a day, with not more than two client vehicles at the premises at any one time;

(5)

The home occupation shall require no exterior structural, electrical or plumbing alterations to the dwelling;

(6)

The home occupation may not involve outdoor storage or on-premises outdoor signage or advertising;

(7)

The home occupation must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood;

(8)

On-premises parking of commercial vehicles, as defined in section 36-1, used in conjunction with the home occupation is prohibited, except as provided in section 36-36(b)(1) and section 36-36(b)(2); and

(9)

On-premises retail sales are prohibited.

(c)

Prohibited home occupations. Examples of prohibited home occupations include the following:

(1)

Barbershops;

(2)

Beauty shops;

(3)

Commercial auto or boat sales, repair or maintenance;

(4)

Auto painting;

(5)

Sexually oriented businesses;

(6)

Restaurants;

(7)

Catering, or the preparation of food for resale except for Cottage Food Operations as that term is defined by the Tex. Health and Safety Code § 437.001; and

(8)

Animal hospitals and kennels.

( Ord. No. 0-2015-021 , § III, 12-21-2015)