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8-4-33: HOME OCCUPATION:

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Ordinance Text

8-4-33: HOME OCCUPATION:

8-4-33: HOME OCCUPATION:
   A.   Applicability:
      1.   This Section applies to home occupations.
      2.   This Section does not apply to no-impact home occupations, which do not require review under this Title. For purposes of this Subsection, a "no-impact home occupation" means a home occupation that:
         a.   Is conducted entirely inside the dwelling unit;
         b.   Does not involve external modifications to the dwelling unit, and has no outside appearance of a business (such as parking, lighting, or signs);
         c.   Employs only persons who reside in the principal dwelling unit;
         d.   Does not display retail goods or stockpile inventory or equipment;
         e.   Uses no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference detectable at the property line;
         f.   Does not generate solid waste or sewage discharge beyond those normally associated with a single-family dwelling unit; and
         g.   Does not involve use, storage, or disposal of any grouping or classification of materials that the United States Secretary of Transportation, the State, or the County designates as a hazardous material.
   B.   Standards For All Home Occupations:
      1.   The home occupation shall not cause the property to differ from its rural or residential character in appearance, or in the emission of noise, dust, fumes, odors, vibrations, or electrical interference. Storage or use of hazardous materials, odor causing materials, or other materials that may cause a nuisance or health or safety problems is prohibited.
      2.   No more than twenty five percent (25%) of the total floor area (both habitable and non-habitable space) of the principal permitted dwelling or one thousand feet (1,000') (whichever is less) shall be devoted to the home occupation or for storing goods or vehicles associated with the home occupation. Home occupations may be located in either the principal permitted dwelling or accessory structures.
      3.   The structure in which the home occupation is located must have a valid building permit and/or zoning approval. The home occupation and associated storage shall not occupy any space required for off street parking for the principal permitted dwelling.
      4.   No outdoor storage or outdoor loading shall be allowed, except that one work trailer, work vehicle or commercial vehicle may park on the property.
      5.   No home occupation shall discharge any hazardous material into any sewer, drainageway or the ground.
      6.   The following occupations are prohibited as home occupations: service, repair, or painting of any vehicle; commercial kennel; adult entertainment establishment; commercial composting; contractor's yard or shop; sale, repackaging or use of hazardous materials; or any use not consistent with the applicable base district purpose statement.
      7.   Day care is not a home occupation. Day care is regulated by specific use standards found in this Chapter.
      8.   All signs shall comply with Section 8-3-12.
      9.   No processing of soil or rock shall be allowed.
      10.   Home occupations shall comply with all applicable state and federal regulations.
      11.   In addition to the requirements set forth on the applicable application forms of the department, home occupation applications shall include the following:
         a.   A site plan drawn to scale, depicting the total square footage and location of all existing and proposed structures located within the property boundaries of the subject property.
         b.   A graphical depiction, such as a floor plan, showing the separation of home occupation space from residential and/or accessory use space.
         c.   A detailed letter indicating:
            (1)   The square footage of the proposed area of the home occupation;
            (2)   The number of employees who do not live on site;
            (3)   If retail sales are planned;
            (4)   The hours and days of operation;
            (5)   If group instruction is planned, the number of students at any one time;
            (6)   The number of off-street parking spaces;
            (7)   The number of commercial vehicles;
            (8)   The frequency of pick ups, deliveries, and visits by patrons; and
            (9)   Any other information relative to the description of the proposed home occupation.
   C.   Standards For Small Home Occupations:
      1.   A zoning certificate is required. The resident owner of the home occupation shall continuously comply with the restrictions in this Section and the specific use standards found in this Chapter.
      2.   A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
      3.   The home occupation shall be conducted solely by the residents of the principal permitted dwelling. No employees are allowed.
      4.   No client, customer, and/or student visits shall be allowed.
      5.   The home occupation shall not receive more than two (2) pick-ups or deliveries per day.
   D.   Standards For Large Home Occupations:
      1.   Administrative approval is required. The owner of the home occupation shall continuously comply with the restrictions in this Section and the specific use standards found in this Chapter.
      2.   A building permit may be required for the change in use or occupancy of any portion of the principal permitted dwelling, greenhouse, garage, or accessory structure used for the home occupation.
      3.   The home occupation shall be conducted by the inhabitants of the principal permitted dwelling, and no more than one nonresident employee shall be permitted to work on site.
      4.   All visits by the nonresident employee, clients and customers, and deliveries, shall occur between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. on Saturday and Sunday.
      5.   Group instruction shall be limited to no more than five (5) students at one time with a maximum of two (2) classes per day.
      6.   The use of an outdoor swimming pool for swimming instruction shall be provided with a barrier which meets the requirements of the Ada County Building Code as set forth in Title 7, Chapter 2 of this code.
      7.   One paved, off-street parking space shall be provided for the nonresident employee, plus up to three (3) parking spaces for clients, if applicable, and shall be improved as per Section 8-3-10, in addition to the required off street parking for the dwelling. No overnight parking of client or employee vehicles shall be allowed on site. On-site parking may be reduced by the number of off-street parking spaces in the driveway and by on-street parallel parking spaces in front of the single-family detached dwelling, if applicable.
      8.   The property shall have no more than twenty (20) additional vehicular trips per day of home occupation traffic.
      9.   Large home occupations, involving on-site visits by clients, customers, and/or students shall not be allowed on private roads unless one of the following can be demonstrated:
         a.   The private road does not provide access or frontage to any other property; or
         b.   An existing or updated recorded maintenance/easement agreement addresses and permits nonresidential use of the private road.
(Ord. 1002, 10-28-2025)
Source: American Legal Publishing — codelibrary.amlegal.com — public domain Official Source ↗
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Ada County, Idaho — United States
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Ada County
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boisestandard.org United States Idaho Ada County Ada County Municipal Code 8-4-33: HOME OCCUPATION: