A Home Occupation is defined as:
Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within a main building by a member of a family residing on the premises.
In order for a person to obtain a home occupation permit, said person must meet the following criteria:
- Said occupation must occur in the home of the applicant (accounting, preparation of mailings, receipt of business mail, telephone answering service, or taking of orders for goods/services).
- Applicant must be a resident of the city at the time of requesting said occupation.
- Applicant must fill out an application for a home occupation and submit to city clerk to be reviewed by the planning and zoning commission. Upon receipt of the application, the city clerk will place the home occupation request on the next regularly scheduled planning and zoning commission meeting agenda. If the occupation is approved or approved with contingencies by the commission, the appropriate business license shall be issued by the city.
- Only one home occupation shall be permitted per residence.
- In no way shall the appearance of the structure be altered or the occupation within the residence be constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
- Such occupation shall be conducted entirely within the residence and carried on by not more than two individuals (not necessarily related) one of whom is the principal occupant.
- The home occupation is clearly incidental and secondary to the principal use of the residence.
- A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
- No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
- The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking.
- Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.
- A minimum of two off-street parking spaces shall be provided on the premises for said occupation.
- No commercial vehicle, as defined by this Appendix, shall be used in connection with a home occupation, or parked on the property.
- No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity) so that the combined use for the residence and the occupation exceeds the average for residences in the neighborhood.
- No home occupation shall be conducted in any accessory building (garage or shed) except as approved by the planning and zoning commission.
- The planning and zoning commission may require fencing around the yard if a home approved for a day care home is deemed appropriate at the time of initial review of the home occupation or at any time the home occupation is reviewed.
- Garage sales shall be considered a home occupation when more than one sale is held during a month at a given residence.
Examples of uses that frequently qualify as home occupations. The following are typical examples of uses which often can be conducted within the limits of the criteria established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named in this paragraph nor does this listing of a use in this paragraph automatically qualify it as a home occupation: accountant, architect, artist, attorney, individual tutoring, insurance, one-chair barber shops, two-chair beauty shops.
Uses that are prohibited. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified below shall not be permitted as home occupations: auto repair (other than personal), carpentry work, painting of vehicles or large household appliances, furniture stripping and similar uses.
Noncompliance of home occupation permit. Any applicant not complying with the restrictions and criteria herein specified shall be subject to the penalties as provided for in this Appendix.
Re-approval and certification of home occupations. Home occupations shall be subject to review and re-approval by the planning and zoning commission when deemed necessary by the commission. Review of home occupations may be scheduled at the time of the original hearing or at a later date if needed. At the time of reconsideration, the home occupation may be rescinded or re-approved; if re-approved, additional contingencies may be added.
Home Occupation Permit Application
If requesting a Home Occupation, complete the application in full and submit it along with the associated $30.00 review fee to the City Code Official at St. Clair City Hall - 1 Paul Parks Dr. and your request will be placed on the next available Planning and Zoning Commission Agenda for review and consideration. Please see the Planning and Zoning Page for meeting days and times. After review by the Planning and Zoning Commission, the Commission will make a recommendation to the Board of Aldermen. A resolution will be prepared and submitted to the Board of Aldermen along with a copy of the completed application and any additional documents submitted. The Board of Aldermen will review the request at their next available board meeting and will make the final determination to approve or deny said request. If the Board of Aldermen approve such request, the permit is considered issued and you will be required to obtain a City Business License prior to work commencing.
If you have any questions in regard to Home Occupations, feel free to contact the City Code Official: Mike Bursey by email at: email@example.com or by phone at: 636-629-0333 ext. 200.