I. Home Occupation
1. The purpose of this ordinance is to permit home occupation use within the City of Gardiner without changing the essential overall residential character of the dwelling unit and the neighborhood in which it is located. The home occupation shall be incidental and secondary to the use of the dwelling as a residence and be carried on by a member of the family permanently residing in the dwelling. A home occupation may be any occupation or profession which can be carried on within the home and meet the requirements of this ordinance.
2. In order to protect the residential and/or rural character of the City of Gardiner, home occupations shall meet the following requirements:
The home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it.
No more than one person outside the immediate family shall be employed in the home occupation.
A home occupation shall not create greater traffic than normal for the area in which it is located or generate more than twenty vehicle trips per day.
Any vehicle used for the regular delivery of goods to a home shall be limited between the hours of 8 a.m. and 6 p.m.
There shall be no exterior display, and no more than one exterior sign not to exceed three square feet (except as permitted by the provisions of Section 3.Y, Signs and Billboards, of this ordinance). No exterior storage of materials and no other exterior indications of the home occupation or variation from the residential character of the principal building.
No nuisance, waste discharge not otherwise permitted, offensive noise, vibration, smoke dust odors, heat glare or radiation shall be generated.
There shall be no change in the residential appearance of the property.
The sale of products shall be limited to those which are crafted, assembled or substantially altered, directly on the premises and to items which are accessory and incidental to a service which is provided. an area not to exceed 500 square feet in area.
Any parking for customers shall be off the street and no parking shall be allowed in the front yard.
Home occupation uses which include building trades or similar fields which involve work or services performed away from the home are allowed under these conditions:
1) The dwelling is used primarily as an office.
2) No more than one person outside of the immediate family, permanently residing on the premises, is directly employed to work within the dwelling.
3) More than one outside employee is allowed, provided they work exclusively away from the premises.
4) The premises is not used to store or park any vehicle or equipment for employees who work off the premises.
k. The following uses are prohibited as home occupations: veterinary services, welding machine shops using industrial or heavy machinery, auto body repair, auto/truck/recreational vehicle service or repair, sale and repair of marine craft and engines.
l. Auto repair home occupations located within a the Rural Residential District may be permitted according to the following conditions:
1) A Conditional Use Permit obtained from Site Plan Review by the Planning Board is required.
2) The home occupation shall conform to the requirements contained in Section 3.E., Automobile Junkyard or Recycling Facility.
3) All work shall be performed only within a building and no work may be performed outside and work shall be limited to repairs to vehicles repairs of not more than 26,000 gross vehicle weight including chassis and payload.
4) All vehicle and parts storage including any parking area must be located behind a fence providing a solid continuous barrier of at least 6 feet in height. The fence shall enclose the entire perimeter of the area.
5) Any structure or area used for auto repair shall be located a minimum of 20 feet from the side and rear property lines.
6) The business hours shall be limited to only the following: Monday through Saturday between 7 AM and 6 PM.
7) The permit for this type of home occupation shall be valid for a period of one year, from the date of approval, and subject to the following renewal process:
a) The applicant is responsible for obtaining a renewal permit.
b) The applicant shall inform the Code Enforcement Officer at least 14 days prior to the Planning Board meeting that he/she would like to be placed on the agenda for a renewal of the home occupation permit.
c) The renewal permit application shall be scheduled for the Planning Board meeting exactly 12 months from the last approval.
d) Failure to renew the permit at the required time will necessitate a new conditional use application site plan review.
e) The Planning Board shall review the renewal application according to the following criteria:
i. The applicant is operating as per the requirements of the conditional use permit site plan review and all applicable zoning requirements.
ii. If the Planning Board finds that the applicant is violating any portion of the conditional use permit site plan review they shall deny the permit renewal application.
3. Minor Home Occupations
a. Certain home uses, because of their nature and scope, have a low impact on the residential nature of a dwelling and neighborhood. Such home occupation uses are, but not limited to: artist, authors, home crafts for off-site sales, word processing office, tutoring, direct sales of goods and services.
b. These home occupations shall be permitted without a permit provided they meet the following conditions:
1) No more than one room of the dwelling or accessory structure may be used exclusively for the home occupation.
2) There shall be no advertising, display or other indications of a home occupation on the premises.
3) The home occupation does not include any on-site retail sale of goods.
4) No traffic is generated which is not otherwise normal for a residence.
5) No deliveries are made other than package carrier services.
6) Only members of the family members permanently residing on the premises are employed in the home occupation.
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