11.1. Purpose
The purpose of this article is to allow business activities associated with certain occupations, which are generally compatible with other residential uses, to be carried out within residential principal structures.
11.2. Restrictions & Limitations
Except as otherwise provided in these regulations, home occupations shall be restricted as follows.
A. Shall be incidental and subordinate to the primary use, which shall be maintained as the principal residence of the business owner.
B. Shall not occupy more than 25 percent (25%) of the floor area of any single floor/story of the principal structure, except as provided in Section 11.05 and as allowed per Section 10.32.
C. Shall store all materials and equipment used for the home occupation within an enclosed structure.
D. Shall not be allowed any exterior alterations that are inconsistent with the residential nature or character of the principal structure.
E. Shall only be allowed signs as allowed by and in accordance with Article 08.
F. Shall only engage residents of the principal residence in such home occupation activities.
G. Shall not generate vehicular traffic that is unreasonably excessive for a residential land use.
H. Shall not generate parking demand that is unreasonably excessive for a residential land use; shall not utilize the required front yard for parking, other than existing driveway(s).
I. Shall utilize no equipment that creates a nuisance of noise, odor, emissions or electrical interference; or otherwise interfere with another’s personal enjoyment or utilization of their principal residence.
11.3. Allowable Home Occupations
The following home occupations shall be allowed, subject to the limitations of Section 11.02 and other provisions of these regulations.
A. Instruction in the visual and performing arts, restricted to five (5) students at any one time.
B. Creation, display, and sales of works of art, crafts, and other items handcrafted on-premise.
C. Professional and technical office-based work, as defined in Section 05.02.
D. Personal care services, as defined in Section 05.02, except for nail salons and tanning salons.
E. Agricultural business activities performed in A-1 zoning districts.
F. Office, administrative, appointment-setting, or similar non-production activities related to occupations with production work conducted off-premise, such as telecommuting, Uber/Lyft drivers, and other work of a similar nature.
G. Work related to the following personal and household services, as defined in Section 05.02:
1. Household items or furnishings repair and maintenance
2. Personal goods repair and maintenance
3. Tailors and dressmakers
H. Day care services, as provided in Section 11.05.
11.4. Prohibited Home Occupations
The following home occupations shall be specifically prohibited under any circumstances.
A. Retail sales of any goods or merchandise, except as provided in Section 11.03.B.
B. Rental or leasing of any equipment or consumer goods.
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C. Automotive and equipment service work, as defined in Section 05.02.
D. Physician, dental, chiropractic, optometric, psychiatric, psychological, physical therapy, occupational therapy, social therapy, counseling, or other related medical, mental, or social care provided by a licensed or unlicensed professional.
E. Bed and breakfast inns, which are specifically defined as transient lodging in Section 05.02.
F. No prohibition listed in this section shall be construed to prohibit services from being delivered within the residence of clients or patients, such as home health care or babysitting by the hour.
G. No prohibition listed in this section shall be construed to prohibit the performance of interior or exterior repairs or modifications to homes, home appliances, lawns, landscaping, etc.
11.5. Home Occupation Day Care Services
In addition to other applicable requirements, the following provisions shall apply to all day care homes and day care nurseries.
A. Shall be limited to providing care for no more than three (3) children at any one time, which do not reside on- premise, except when appropriately licensed by the Kansas Department of Health and Environment (KDHE).
B. KDHE-licensed Day Care Homes and Day Care Nurseries, shall comply with all other applicable local and state regulations.
C. Except for outdoor play, day care activities shall be conducted entirely within the principal structure and shall occupy no more than fifty percent (50%) of the principal structure’s gross floor area.
D. Outdoor play shall be limited as follows:
1. Outdoor play equipment shall only be installed and outdoor play activities shall only take place within a yard enclosed within an approved fence with a secured gate.
2. Outdoor play activities shall occur only between the hours of 7:30 a.m. to 6:30 p.m.