Lincoln Municipal Code Ch. 18.62 Home Occupations

A "home occupation" is a business activity carried on within a dwelling by its inhabitant(s). The activity must be incidental to the residential use of the dwelling and must not change the residential character of the surrounding area by generating more traffic, noise, or storage of material than would otherwise be expected in a residential zone.

(Ord. 464B §1(part), 1984: Ord. 350B §1, 1978)

Except as provided in Section 18.62.060 and subsection 18.62.060(2), no business use of a residential unit shall be conducted within any dwelling unit located within a residential zone.

(Ord. No. 832B, § 1, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §2, 1978)

Editor's note— Ord. No. 832B, § 1, adopted Feb. 26, 2008, change the title of § 18.62.020 from "Conditional use permit required when" to "Home occupation permits." This historical notation has been preserved for reference purposes.

No conditional use permit shall be issued for a home occupation unless the planning commission makes the following findings, in addition to those findings otherwise required for issuance of any conditional use permit:

(1) Such use is customarily incidental to the use of the dwelling unit as a residence;

(2) Such use does not constitute retail or wholesale sales with transfer of products to the buyer at the residential site;

(3) Such use shall be conducted solely by an occupant of the dwelling unit;

(4) No signs shall be placed or erected on the property;

(5) Such use shall be conducted within the dwelling unit and not within a garage or other accessory building, or on or within an unenclosed area;

(6) At least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. 350B §3, 1978; Ord. 464B §1(part), 1984: Ord. No. 832B, § 2, 2-26-2008; Ord. No. 913B, § 6(Exh. D), 6-28-2016)

The city council may specify by resolution those uses which are deemed to be permissible home occupations subject to the criteria set forth in this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §4, 1978)

Issuance of a conditional use permit for a home occupation shall be conditioned upon payment of a business license fee as set by city resolution, payable at the time of issuance of the permit.

(Ord. No. 832B, § 3, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §5, 1978)

The following regulations shall apply to home occupations in dwelling units located in any residential district:

(1) A home occupation shall be permitted without the issuance of a conditional use permit subject to an occupant's compliance with the following conditions and limitations:

a. No more than two home occupations shall be permitted in a dwelling unit.

b. The home occupation(s) shall be operated by no more than two individuals, both of whom shall be inhabitants of the dwelling unit.

c. The home occupation(s) shall not require the use of more than 15 percent of the total floor area of the dwelling unit and such use shall be clearly incidental to the use of the dwelling as a residence.

d. The home occupation(s) shall not require the elimination of required off-street parking spaces.

e. The home occupation(s) shall be conducted solely within the dwelling unit and not within a garage or other accessory building or on or within an unenclosed area.

f. No signs advertising the home occupation(s) shall be allowed.

g. The home occupation(s) shall not require the storage of flammable or hazardous materials.

h. Vehicles relating to the home occupation(s) shall not be parked at the subject residence if they are larger than a standard pickup or van. Not more than one vehicle specifically for use in conjunction with each home occupation shall be permitted.

i. No equipment or material relating to a home occupation (other than a permitted vehicle) shall be parked or stored outside of the subject residence.

j. The home occupation(s) shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood.

k. The person conducting each home occupation shall pay a business license fee in the amount set by city resolution.

l. The city may, from the hours of 7:00 a.m. to 6:00 p.m., enter the premises for the purpose of inspecting to determine whether or not the conditions of this subsection are being complied with.

m. Home occupation(s) will have limited business hours of 7:00 a.m. to 6:00 p.m. only.

n. No home occupation(s) permit(s) shall be issued which involve commercial food handling, processing, or packing.

o. The delivery of materials to the residence shall not exceed more than two deliveries of products or materials per day. No delivery shall involve the use of commercial vehicles, no delivery shall be by vehicles larger than an automobile, pickup, or typical delivery van, such as, but not limited to, UPS, FedEx, and USPS-type home pickups and deliveries.

(2) Notwithstanding subsection (1) of this section, home occupations located in any residential district that involve the following activities shall require the issuance of a conditional use permit pursuant to Section 18.62.020. Development Standards within Section 18.12.080, 18.14.090, and 18.16.090 shall be excluded from the following:

a. Personal contact with customers at the applicant's residence;

b. The making of merchandise for sale. A use permit may be issued provided that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup, or standard size van, and shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood;

c. Reserved.

d. Three or more home occupations in a dwelling unit.

(3) Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount set by city resolution, payable at the time of issuance of the permit.

(Ord. No. 832B, §§ 1—22, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §6, 1978; Ord. No. 964B, § 2, 5-8-2018)

Where a home occupation is permitted pursuant to subsection 18.62.060(1), an applicant must complete and sign a form provided by the planning department that acknowledges the conditions and limitations of an approved home occupation. Where the home occupation requires a use permit, an application for such use permit shall be made pursuant to Section 18.62.020 of this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §7, 1978)

(a) Any person conducting a home occupation within a residential zone at the time of adoption of the ordinance codified in this chapter shall either discontinue such use or apply for a permit as provided in this section within 90 days after the adoption of the ordinance codified in this chapter, and annually thereafter.

The planning commission shall issue a permit upon making all of the following findings:

(1) The applicant was conducting a home occupation at the same dwelling for which the permit is requested at the time of the adoption of the ordinance codified in this chapter;

(2) Except for the first permit issued within 90 days after the passage of the ordinance codified in this chapter, that the applicant has continued to do business at the same dwelling unit during the year since the last permit was obtained;

(3) There have either been no complaints by surrounding neighbors of noise or other nuisance or such complaints are found by the planning commission to be insubstantial.

(b) If the commission cannot make the findings in subsection (a) of this section, the applicant must either discontinue conducting a home occupation or apply for a conditional use permit pursuant to Section 18.62.020.

(c) Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount of $30.00 per year, payable at the time of issuance of the permit.

(Ord. 464B §1(part), 1984)

Violation of any provision of this chapter or any condition of a use permit issued as provided in this chapter constitutes a misdemeanor. Any such violation is further declared to be a public nuisance and may be abated as provided by law.

(Ord. 464B §1(part), 1984)