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(a) Intent. It is the intent of this chapter to permit home occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed.

(b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses:

(1) Art Studio;

(2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver;

(3) Dressmaking;

(4) Sewing and tailoring;

(5) Barbers and beauticians; and

(6) Tutoring and musical instruction.

(c) Uses Prohibited. The following uses are prohibited as home occupations:

(1) Commercial auto, small machine, and boat repair;

(2) Commercial kennels or similar uses;

(3) Convalescent homes for the care of more than two (2) patients;

(4) Mortuaries;

(5) Private schools with organized classes;

(6) Real estate office;

(7) Restaurants; and

(8) Commercial Marijuana Establishments.

(d) Development Requirements.

(1) Not more than one (1) person outside the family shall be employed in the Home occupation.

(2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the home occupation.

(3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed.

(e) Permit Application.

(1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation.

(2) If the administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application on the consent agenda of the Planning and Zoning Commission. Otherwise, the administrative official shall place consideration of the application as a regular new business item on the Commission’s agenda. Applications listed on the consent agenda are considered routine and will be approved by one (1) motion. There will be no separate discussion of the application unless a member of the Commission so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the general orders.

(3) A finding by the Planning and Zoning Commission that an application does not meet the criteria of KMC 14.20.230 may be appealed in accordance with KMC 14.20.290.

(4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai.

(f) Permits Nontransferable. A home occupation permit granted under this section is not transferable to another person or location.

(g) Exemption. No home occupation permit shall be required for:

(1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or

(2) A State-approved relative home day care provider that provides care to no more than five (5) children (including the caregiver’s own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the caregiver’s grandchildren, great-grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home.

(h) Fire Code Inspections.

(1) Day care facilities shall be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the Fire Code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities’ home occupation permit.

(2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety.

(Ords. 925, 1456-91, 1885-2000, 1933-2001, 2093-2005, 2648-2012, 2870-2016)