§ 44-103. Home occupations and cottage industries.

(a)

Home occupations. A home occupation may consist of any accessory business use that fully complies with all of the standards contained in this section. No home occupation shall be allowed in any multifamily dwelling. No home occupation will be allowed which is illegal by county, state, or federal statute.

(1)

The home occupation must be owned and operated by the owner of the dwelling within which the home occupation is to be located, or the business owner must have written approval of the owner of the dwelling, if the applicant is a tenant.

(2)

The home occupation shall be operated only by the members of the family residing in the principal dwelling.

(3)

All business operations, activities, and transactions associated with the home occupation shall be conducted entirely within the dwelling unit. No business operations, activities, or transactions shall be conducted in any portion of the dwelling not approved for home occupation use by the county.

(4)

The home occupation shall not occupy more than 25 percent of the dwelling unit floor area or a maximum of 750 square feet for dwelling units of 3,000 square feet or more.

(5)

The home occupation shall not cause or result in any change in the outside appearance and residential character of the dwelling unit.

(6)

No home occupation in McDuffie County shall require the use of more than one vehicle for exclusive use of the business. Any vehicle used for a home occupation that has a trademark, business advertisement, or other device that represents the business use attached to its surface shall be stored in a garage or in a location on the property that will not be visible from neighboring properties or the street.

(7)

The home occupation shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

(8)

The home occupation shall not generate any business traffic (either by the business operators or business customers) between the hours of 8:00 p.m. and 6:00 a.m.

(9)

The home occupation shall not produce any vibrations, noises, odors, smoke, glare, electrical disturbance, radioactivity or other conditions that will be a nuisance to the surrounding area.

(10)

All equipment, materials, and products of the home occupation, shall be safely and securely stored inside the dwelling unit at all times.

(11)

The home occupation and dwelling unit shall comply with all applicable building and fire codes. Home occupations will not be permitted in any dwelling unit in which the primary residential use does not fully comply with the applicable zoning requirements for the general zoning district within which it is located.

(12)

No business signs or advertisements greater than nine square feet shall be placed on the premises in conjunction with any home occupation. Sign placement on structures other than sign posts is prohibited.

(b)

Cottage industries. A cottage industry may consist of any accessory business use (except solid waste facilities, junk or scrap metal shops, automobile repair shops or garages, or food processing/packing operations) that fully complies with all of the standards contained in this section. Cottage industries may be permitted only within the R-1 Low Density Residential Zoning District.

(1)

The cottage industry must be owned and operated by the owner of the property upon which the cottage industry is to be located, or the business owner must have written approval of the owner of the property, if the applicant is a tenant.

(2)

The cottage industry shall be operated only by the members of the family residing in the principal dwelling located on the lot upon which the cottage industry will be located.

(3)

All business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building located on the same lot. No business operations, activities, or transactions shall be conducted in any portion of the lot not approved for cottage industry use by the county.

(4)

The cottage industry shall not occupy a total area greater than 50 percent of the total dwelling unit floor area or 1,000 square feet, whichever is less.

(5)

No activities associated with a cottage industry, including materials storage, shall be located or conducted within 50 feet of an adjoining property line. No cottage industry shall be permitted on a lot smaller than three acres in area.

(6)

The cottage industry shall not cause or result in any change in the outside appearance or character of any structure on the lot.

(7)

No cottage industry in McDuffie County shall require the use of more than one vehicle for exclusive use of the business. Any vehicle used for a cottage industry that has a trademark, business advertisement, or other device that represents the business use attached to its surface shall be stored in a garage or in a location on the property that will not be visible from neighboring properties or the street.

(8)

The cottage industry shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

(9)

The cottage industry shall not generate any business traffic (either by the business operators or business customers) between the hours of 8:00 p.m. and 6:00 a.m.

(10)

The cottage industry shall not produce any vibrations, noises, or odors that may be discernible by the average person beyond the boundaries of the lot.

(11)

All equipment, materials, and products of the cottage industry shall be safely stored inside a secured structure on the lot.

(12)

The cottage industry shall not generate smoke, glare, vibrations, electrical disturbance, or radioactivity or other conditions that will be a nuisance to the surrounding area.

(13)

The cottage industry and dwelling unit shall comply with all applicable building and fire codes. Cottage industries will not be permitted in any structure which does not fully comply with all applicable zoning requirements for the general zoning district or overlay zone(s) within which it is located.

(14)

No business signs or advertisements greater than nine square feet shall be placed on the premises in conjunction with any cottage industry.

(c)

Expiration. A home occupation or cottage industry shall be considered expired under the following conditions:

(1)

Whenever the applicant ceases to occupy the lot for which the home occupation or cottage industry was issued, no subsequent occupant of such premises shall engage in any home occupation or cottage industry until a new application for the new cottage industry has been reviewed by the planning commission.

(2)

Whenever the home occupation or cottage industry ceases operation of the business use for any period of 90 consecutive days.

(d)

Yard or garage sales. Yard sales shall be allowed on a residential lot or parcel for not more than two sales not to exceed two days each during a 12-month period. Such activities shall not be classified as a home occupation or cottage industry.

(Ord. of 3-23-99, Art. VI, § 3)