Chapter 17.52
HOME OCCUPATIONS AND CHILD CARE–SUMMARY TABLE OF USES PERMITTED IN ZONING DISTRICTS

Sections:

17.52.010    Definitions

17.52.020    Home Occupations

17.52.030    Child Care

17.52.040    Permitted Home Occupation Uses

17.52.050    Conditional Home Occupation Uses

17.52.060    Review and Termination

17.52.070    Appeals

17.52.080    Fees

17.52.090    Uses Permitted in Each Zoning District

17.52.010 Definitions

"Child care center" shall mean a commercial enterprise that provides care for five (5) or more nonresident minor children for compensation, and is licensed and monitored by the Arizona Department of Health Services, except for centers where children may come and go on their own, or where parents of all the children in care are on the premises during the time when care is being provided.

"Child care group home" shall mean providing care for five (5) to ten (10) nonresident minor children for compensation in the caregiver’s home. The above count excludes resident children and children in foster care in the legal custody of the home owner(s). Child care group homes are required by the Arizona Department of Health Services to have one (1) staff member for one (1) to five (5) children, two (2) staff members for six (6) to ten (10) children, and shall be certified and monitored.

"Home child care" shall mean providing child care for four (4) or fewer nonresident minor children in the caregiver’s home for compensation. The above count excludes resident children and children in foster care in the legal custody of the home owner(s). This classification shall include four (4) types of home child care recognized by the State of Arizona: Department of Economic Security (DES) certified family child care homes; alternative approval child care homes; registered child care homes; and unregulated child care homes.

"Home occupation" shall mean a business use customarily conducted entirely within a dwelling and/or fully enclosed accessory structure(s) on the premises and operated by the residents living in the dwelling. The use is clearly incidental and secondary to the use of the dwelling structure for dwelling purposes and/or accessory structure(s) for uses commonly associated with residential accesssory structures, including garages and tool/garden sheds; does not change the residential character of the dwelling, accessory use, or neighborhood, and does not adversely affect the uses permitted in the zoning district in which the dwelling is located.

"Home occupation permit" shall mean an administratively issued permit that is required to allow the establishment and operation of a permitted home occupation use. The zoning administrator or his/her designee shall be responsible for the issuance, review, and termination of home occupation permits.

"In-home child care" shall mean the hiring of an outside caregiver to provide child care in the home of the resident child or any number of resident children and is also known as babysitting. (Ord. 1031 (part), 2007)

17.52.020 Home Occupations

Home occupations shall be considered a permitted or conditional accessory use in all residential districts; provided, that such occupations are operated and maintained so as to not interfere with the peace, security, and safety of adjacent property owners. Home occupations shall comply with the following regulations:

A.    A valid city of Winslow business registration shall be maintained for the home occupation use; and all other required licensing and/or certification shall be maintained.

B.    A home occupation shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, and shall be conducted entirely from within the principal residence and/or fully enclosed accessory structure(s) on the premises, and shall not change the residential character thereof. Carports and yards may not be used for a home occupation, except for in-home child care and child care group homes.

C.    No more than twenty (20) percent of the gross floor area of the dwelling and/or accessory structure(s) or three hundred (300) square feet total area, whichever is less, shall be devoted to the home occupation. If two home occupation permits or conditional use permits are issued for the same residence, the total combined area devoted to the home occupations shall not exceed the above percentage or square footage maximum.

D.    There shall be no employees other than persons residing in the dwelling unit where the home occupation is being operated, except for child care group homes, which may have one (1) nonresident staff member present at any one (1) time, if required by the state of Arizona.

E.    The home occupation activity shall be limited to the hours between 7:00 a.m. and 9:00 p.m.

F.    Deliveries and pickups shall not block traffic circulation and shall occur only between 8:00 a.m. and 8:00 p.m. Monday through Saturday. No business shall be conducted which requires delivery and/or service vehicles or other services not customary to a residence. Deliveries to or from a home occupation in a multiple-family dwelling unit shall not be permitted.

G.    No more than two (2) home occupations shall be carried on in a single residence.

H.    There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, electrical interference or fluctuation, or other nuisances discernible beyond the property lines.

I.    There shall be no use of utilities or community facilities, or generation of solid or liquid waste, beyond that normal to the use of the property for residential purposes.

J.    Signs advertising the home occupation shall be prohibited.

K.    Customer trip generation shall not exceed five (5) trips per day. Shipping/receiving trip generation shall not exceed a total of two (2) trips per day. Exceptions to this shall be allowed for music, dance, home child care providers, and similar uses, provided traffic does not disturb residential tranquility. Walk-in and/or drive-up customer traffic related to a home occupation in a multiple-family dwelling unit shall not be permitted.

L.    A maximum of two (2) vehicles per home occupation permit or conditional use permit shall be permitted to have business identification and be stored on the site. Vehicles shall be limited to a maximum payload rating of two (2) tons, and be single axle. Outside storage of equipment or materials used in the home occupation shall be prohibited.

M.    Any parking required by the home occupation shall not create traffic hazards or street congestion.

N.    Storage of goods and materials necessary for the home occupation shall not include flammable, combustible or explosive materials.

O.    The home occupation shall not use or create hazardous waste.

P.    Home occupations in multiple-family dwelling units shall be restricted to telephone/paperwork office type businesses only. Equipment permitted in the multiple-family dwelling unit shall be limited to telephones, fax machines, computers, and similar type office equipment.

Q.    No nonprofit medical marijuana dispensary, infusion (or manufacturing) facility, or cultivation facility authorized by the Arizona Medical Marijuana Act (A.R.S. §§ 36-2801 through 36-2819) shall be permitted as a home occupation. (Ord. 1148 (part), 2011; Ord. 1051, 2007; Ord. 1031 (part), 2007: Ord. 903, 2002; Ord. 876, 2002; Ord. 736 Art. V § B, 1997)

(Manual, Amended, 01/08/2003; Manual, Amended, 08/05/2002)

17.52.030 Child Care

In-home child care, also known as babysitting, shall not be regulated by this chapter.

A.    Child care group homes shall be a permitted use in all commercial zones, and a conditional use in all residential zones and industrial zones, and shall be subject to all the requirements of this chapter related to home occupations.

B.    Child care centers shall be prohibited in all residential zones, but shall be a permitted use in all commercial zones and a conditional use in all industrial zones.

C.    Home child care shall be a conditional use in all zones subject to the following:

1.    Home child care in residential zones shall be permitted only in detached, single-family dwellings.

2.    Home child care in residential zones shall be subject to all requirements of this chapter related to home occupations, except for the requirement of a home occupation permit and other exceptions noted in Subsection (C)(3) of this section.

3.    Home child care providers classified by the State of Arizona as Department of Economic Security (DES) certified family child care homes, alternative approval child care homes, and registered child care homes shall possess all required licensing and certification, and may be permitted to operate on a multiple-shift time schedule, subject to conditions imposed by the planning and zoning commission.

4.    Home child care providers classified by the state of Arizona as unregulated child care homes shall operate only during the hours specified for home occupations in Section 17.52.020. (Ord. 1031 (part), 2007)

17.52.040 Permitted Home Occupation Uses

The following are examples of uses, which are permitted as home occupations provided they comply with the above regulations. This list is not all inclusive; and other similar home occupation uses are permitted:

A.    Home offices.

B.    Artists, sculptors, composers, musical instrument makers, and video/computer artists.

C.     Craftwork, such as jewelry making, pottery, woodworking, and metal working.

D.     Music/acting/dance lessons, swim lessons, athletic training, and tutoring with not more than five (5) persons at any one time.

E.     Catering and tailoring/clothing alteration services.

F.    Telephone answering, message services, word processing and other computer applications, including Internet sales.

G.    Door-to-door sales or party sales not on the premises. (Ord. 1031 (part), 2007)

17.52.050 Conditional Home Occupation Uses

The planning and zoning commission shall have the authority to conditionally allow home occupation uses pursuant to Chapter 17.68, but only upon a finding that said conditionally allowed home occupation uses shall not interfere with the peace, security, and safety of adjacent property owners. The following are examples of conditional home occupation uses. This list is not all inclusive, and other similar home occupation uses are conditionally allowed:

A.    Home child care and child care group homes, subject to the requirements of this chapter and all applicable state and federal standards and regulations.

B.    Temporary motor vehicle display for purposes of sale or lease.

C.    Furniture refinishing.

D.    Veterinarian office, animal grooming facilities, and animal care, kennels or boarding facilities.

E.    Cheerleading and marching band/drum corps instrument instruction and practice/rehearsal conducted in a completely enclosed and sound-proof room, or outdoors at least one hundred (100) feet from an off-site occupied structure.

F.    Commercial apiaries.

G.    Tattooing, including application of permanent makeup/electrolysis by a cosmetician licensed to practice in the state of Arizona.

H.    Swimming instruction using outdoor pools and related outdoor spaces closer than fifty (50) feet from an off-site occupied structure. (Ord. 1031 (part), 2007)

17.52.060 Review and Termination

A home occupation permit shall be subject to review each year by the zoning administrator, or his/her designee. Violation of any of the regulations in this chapter shall result in termination of the home occupation permit. City staff shall have right of entry upon reasonable notice to assess and assure compliance with the regulations in this chapter. (Ord. 1031 (part), 2007)

17.52.070 Appeals

A decision of the zoning administrator or his/her designee regarding the approval, disapproval, or termination of, or conditions imposed on a home occupation permit, may be appealed in writing to the board of adjustment, in accordance with the requirements of Chapter 17.100. (Ord. 1031 (part), 2007)

17.52.080 Fees

Fees shall be in accordance with those established in Ordinance No. 637, 1993, as amended. (Ord. 1031 (part), 2007)

17.52.090 Uses Permitted in Each Zoning District

The following table shows which types of uses (listed in the left hand column) are allowed in which zoning district/s (columns labeled AR through I). If there is a P in the column it means that the use is allowed as a matter of right. If there is a PC in the column it means the use may be considered as an allowed use subject to the provisions of Chapter 17.68. If there is an X in the column, it means the use is prohibited. This table is meant to be a general guide. For specific additional provisions and/or clarifications, refer to the sections that apply to that use in that zoning district.

ZONING DISTRICTS

USES

AR

R1-12

R1-7

MH-MF

R-2

MFR

COM

IND

RESIDENTIAL

BED AND BREAKFAST

PC

X

X

P

PC

P

P

X

BOARDING HOUSE

X

X

X

X

X

P

P

X

MANUFACTURED HOME

X

X

X

P

X

X

X

X

MANUFACTURED HOME PARK

X

X

X

PC

X

PC

PC

PC

MOBILEHOME

X

X

X

X

X

X

X

X

MODULAR HOME

P

P

P

P

P

P

X

X

MULTIFAMILY DWELLING

X

X

X

P

X

P

X

X

ONE-FAMILY DWELLING

P

P

P

P

P

P

PC

PC

TWO DWELLING UNITS OR DUPLEX

X

X

X

P

P

P

PC

PC

NONCOMMERCIAL RADIO TOWER

P

P

P

P

P

P

P

P

CLASS I HOME OCCUPATIONS

P

P

P

P

P

P

PC

PC

OTHER USES

CEMETERY, HUMAN/PET

PC

PC

PC

PC

PC

PC

PC

PC

CHURCH

PC

PC

PC

PC

PC

P

P

PC

COMMERCIAL

GENERAL

X

X

X

X

X

X

P

P

RADIO AND TV STUDIO

PC

PC

PC

PC

PC

PC

P

P

RADIO/TV TOWERS

PC

PC

PC

PC

PC

PC

P

P

SALES OFFICE, SUBDIVISION

PC

PC

PC

PC

PC

PC

X

X

OFFICE-PROFESSION

SERVICES

X

X

X

X

X

X

P

P

CLASS II HOME OCCUPATIONS

PC

X

PC

PC

PC

PC

P

P

SERVICE STATIONS

X

X

X

X

X

X

P

P

RECREATIONAL VEHICLE PARK

PC

X

X

X

X

X

PC

PC

INDUSTRIAL

HEAVY INDUSTRIAL

X

X

X

X

X

X

X

PC

LIGHT INDUSTRIAL

X

X

X

X

X

X

X

P

MOTOR VEHICLE REPAIR

X

X

X

X

X

X

PC

P

AIRPORT

X

X

X

X

X

X

X

P

SOCIAL SERVICES

PUBLIC USES

P

P

P

P

P

P

P

P

PUBLIC UTILITY

PC

PC

PC

PC

PC

PC

PC

PC

SCHOOLS, PRIVATE

PC

PC

PC

PC

PC

PC

PC

PC

DAY CARE CENTER

PC

X

PC

PC

PC

PC

PC

PC

HOSPITAL

X

X

PC

X

X

PC

PC

PC

CONGREGATE CARE

X

X

X

X

X

P

PC

X

NURSING HOME

X

X

X

PC

X

PC

PC

PC

AGRICULTURE

NONCOMMERCIAL

PC

X

X

X

X

X

X

X

COMMERCIAL

X

X

X

X

X

X

X

X

ROADSIDE STANDS

PC

X

X

X

X

X

X

X

STABLES

PC

X

X

X

X

X

X

X

KENNEL

PC

X

X

X

X

X

PC

P

HOUSEHOLD PETS

P

P

P

P

P

P

P

P

(Ord. 1031 (part), 2007; Ord. 896, 2002; Ord. 736 Art. V § A, 1997. Formerly 17.52.010)

(Manual, Amended, 10/21/2002)