Chapter 18.52
HOME OCCUPATIONS
Sections:
18.52.040 Permitted and prohibited home occupations.
18.52.010 Title.
This chapter may be cited as the “home occupation ordinance.” [Ord. 2012-07; Ord. 2003-06 § 5; prior code § 7-10-1]
18.52.020 Definitions.
“Home occupation” means an occupation conducted entirely within a dwelling and carried on by the inhabitants thereof, which is clearly incidental and subordinate to the use of the structure for residential purposes and which does not change the character of the dwelling and does not adversely affect the uses permitted in the zone of which it is a part. [Ord. 2012-07; Ord. 2003-06 § 5; prior code § 7-10-2]
18.52.030 General conditions.
Home occupations are permitted uses in the RF, RA, R-1, H-R and H-C zones provided the following conditions are met:
A. Only immediate family members occupying the dwelling shall be engaged in the home occupation.
B. Only two occupations shall be permitted at a time.
C. All activities shall be conducted indoors.
D. Except for a sign as permitted in subsection (F) of this section, items shall not be displayed on the outside of the dwelling or on the premises of the home occupation and there shall be no change in the outside appearance of the dwelling or the premises.
E. Only products of the home occupation may be sold from the premises providing the following conditions are met:
1. Any activity at the residence related to the home occupation is by appointment only and there shall be no more than one client visitation at the home occupation at any given time except for instructional services;
2. All parking associated with the home occupation is off-street;
3. A site plan of the lot shall be submitted with a business registration application to the PZHAC for approval. The site plan shall indicate the location of all structures and parking for the maximum number of vehicles that shall be present on the lot at any one time during the hours of operation of the home occupation, to include the vehicles owned and operated by the residents of the dwelling. The size of the parking spaces shall comply with MTC 18.60.170, required off-street parking; and
4. A checklist, which appears at the end of this chapter as Appendix A, shall also be submitted with the business registration application to the PZHAC.
F. One unlighted sign have a maximum area of one by three square feet and identifying the occupant(s) and home occupation(s) shall be permitted.
G. There shall be no external evidence of the activity such as commercial vehicles, outside storage of products or materials and there shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of a home occupation, unless specifically permitted pursuant to conditions of a special use permit.
H. Storage in connection with any home occupation shall be totally enclosed and there shall be no open storage of business related equipment or supplies with the exception of one company owned vehicle, three-quarter-ton truck or smaller, which is also used for personal transportation purposes.
I. No equipment or process shall be used in a home occupation that creates dust, noise, vibration, glare, fumes, odors or other nuisances to other neighboring properties.
J. There shall be no toxic, explosive, highly flammable or other restricted materials used or stored on the premises of a home occupation beyond the amount normally kept at a residential dwelling or on hand to operate or maintain equipment permitted by the Uniform Fire Code as adopted by the town of Mesilla.
K. No equipment shall be used in a home occupation which creates electrical interference detectable in adjacent areas or visual or audible interference for any radio or television receivers on and near the premises, which exceeds that normally found in a residential area.
L. All home occupations shall be required to obtain a business registration from the town clerk’s office. Conditions may be attached during the approval process. Business registrations are renewable annually by the fifteenth day of March upon submission and approval of an application and payment of a $35.00 fee. Cross-reference: Chapter 5.05 MTC, Business Registration. [Ord. 2012-07; Ord. 2003-06 § 5; prior code § 7-10-3]
18.52.040 Permitted and prohibited home occupations.
A. Permitted Uses.
1. Professional Office Businesses. Professional office businesses may include an office for accounting, bookkeeping, tax preparation, office management, appraisal, architectural, real estate and other similar businesses.
2. Professional Service Related Businesses. Professional service related businesses may include computer programming and other computer related services, direct distribution (for example, Amway, Avon, Tupperware), mail order, maid service, ironing, telephone/fax answering, word processing and other similar service uses.
3. Instructional Services Businesses. Instructional services may include educational tutoring, music lessons and similar instructional services. A maximum of five students may be at the dwelling at any one time. No musical instruments may be amplified.
4. Small Home Artisan Businesses. A small home artisan business may include painting and drawing studios; dress making, sewing and tailoring; engraving; leather work; jewelry making and hobby crafts.
B. Uses Permitted with a Special Use Permit.
1. Kennels and pet grooming.
2. Automotive related repair, body work, and dealer licensing.
3. Bicycle repair and servicing.
4. Motorcycle repair and servicing.
5. Appliance repair or servicing.
C. Prohibited Home Occupations.
1. Among those professional services that shall not be considered for home occupation status are attorneys, dentists, medical doctors and practitioners primarily involved with anatomical or alternative medicines.
2. Among those professional services that shall not be considered for home occupation status are beauticians and barber shops, and massage parlors.
3. Adult book stores, adult video stores, adult amusement businesses and the sale of obscene material as defined in Chapter 9.40 MTC are prohibited as home occupations.
4. Other prohibited businesses include but are not limited to fortune telling, palm reading, tattoo parlors, body piercing services, and restaurants. [Ord. 2012-07; Ord. 2003-06 § 5; prior code § 7-10-4]
18.52.050 Penalty.
Any person who violates the provisions of this chapter shall be charged with a petty misdemeanor and upon conviction may be punished by a fine of not more than $500.00 or imprisonment for not more than 90 days or by both such fine and imprisonment as provided for in MTC Title 1. [Ord. 2012-07; Ord. 2003-06 § 6]
Appendix A
Checklist for Compliance with MTC 18.52.030, Home Occupation General Conditions
As a part of your application, first time and renewal, for a home occupation we ask that you acknowledge compliance with the following rules and regulations for home occupations in the town of Mesilla by initialing each requirement and signing the checklist below.
______Only immediate family members occupying the dwelling shall be engaged in the home occupation.
______The primary use of the dwelling shall be for residential purposes.
______Items shall not be displayed on the outside of the dwelling or on the premises of the home occupation, unless specifically allowed by special use permit.
______There shall be no change in the outside appearance of the dwelling or the premises.
______Only products of the home occupation shall be sold from the premises.
______Only two occupations shall be permitted at a time.
______All activities shall be conducted indoors. There shall be no direct sale of products off display shelves or racks. Retail sales shall only be conducted if product orders are placed earlier by telephone or fax or electronically.
______Sales to customers shall be arranged by appointment and scheduled so that not more than one customer vehicle is at the dwelling at any one time except for instructional services.
______For instructional service home occupations no more than five students shall be at the dwelling at any one time.
______Only one unlighted sign having a maximum area of one and one-half square feet and identifying the occupant(s) and the home occupation(s) shall be permitted.
______There shall be no external evidence of the conduct of a home occupation on the premises such as commercial vehicles or outside storage of products, materials or supplies.
______Company owned vehicles which are three-quarter-ton truck or smaller which are also used for personal transportation purposes shall be exempt from the above condition. No more than one such commercial vehicle shall be parked overnight on the premises of a home occupation.
______No equipment or process shall be used in a home occupation which creates noise, odor, dust, fumes, vibration, glare, electrical interference or other nuisance detectable on adjacent properties.
______There shall be no toxic, explosive, highly flammable, combustible, corrosive, radioactive or other restricted materials used or stored on the premises of a home occupation beyond the amount kept at a normal residential dwelling or on hand to operate or maintain equipment permitted by the Uniform Fire Code as adopted by the town of Mesilla.
_______All customer parking shall be off-street parking including parking for those home occupations involving teaching where the maximum number of clients shall be five at any one time.
I hereby state under oath that by initialing each requirement above and signing this checklist below I acknowledge that my proposed home occupation is in compliance with the rules and regulations for home occupations in the town of Mesilla and further I state under oath that my responses are true and valid:
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Applicant’s signature |
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Witness |
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[Ord. 2012-07]