§ 21.44.130. Home occupations.  


Latest version.
  • A.

    Purpose. It is the purpose of this section to promote peace, quiet, and domestic tranquility within residential LOZDs, and to limit excessive noise, excessive traffic, diminished property values, fire hazard, threats to safety and health, and other possible negative effects of commercial uses conducted in residential areas.

    B.

    Application. A single home occupation may be operated on a lot in R-1, R-2, R-R, R-W, and R-M zones subject to the provisions of this section without a permit:

    C.

    Standards.

    1.

    The outside appearance of a building or parcel shall not change so that it detracts from the dwelling's and parcel's principal use as a residence.

    2.

    The home occupation shall not generate traffic, parking, sewage or water use in excess of what is normal in a residential subdivision. There may be no more than twenty vehicle trips per day of combined residential and home occupation traffic.

    3.

    The home occupation shall not create a hazard to person or property, or become a nuisance.

    4.

    One permanent sign no greater than 16 square feet may be used to advertise a home occupation. Signs may not be illuminated.

    5.

    Retail sales of goods which generate traffic of customers, deliveries, or suppliers to the parcel are not allowed on the parcel, except where the sale of goods is incidental to the service provided by the home occupation.

    6.

    The use of a dwelling unit for home occupations shall be conducted solely within the confines of the main dwelling and accessory buildings, and shall be clearly incidental and subordinate to the main use of the dwelling as a residence. In-home adult or child care, or preschools may use outdoor space on the lot as long as the area used for the home occupation is fenced for the safety of persons on the premises as a result of the home occupation.

    7.

    The storage of toxic, explosive, or other dangerous or hazardous materials, substances, or chemicals for commercial purposes are not allowed on the premises, except for fuel storage of 55 gallons.

    8.

    There shall not be outside storage or display of any kind that is visible from the street or neighboring property other than personal or seasonal decorations.

    9.

    No commercial outdoor storage or outdoor loading of vehicles related to the home occupation shall be allowed, except that one operational work trailer, and one operational and registered work vehicle may park on the property. Licensed fishing guide operations are limited to two boats for the business per lot, each not exceeding 28 feet in length.

    10.

    No on street parking shall be allowed or necessary to conduct the home occupation.

    11.

    The home occupation shall be conducted by the inhabitants of the principal permitted dwelling, and no more than one nonresident employee shall be permitted to work on site.

    12.

    All operators of home occupations are required to meet applicable registration requirements to collect borough sales tax as set for in KPB chapter 5.18.

    D.

    Conditions. All standards set forth in KPB 21.44.130 must be met on a continuing basis and are mandatory to operate a home occupation.

    E.

    Home occupations allowed in the R-1, R-R, R-W, and R-M districts may include but are not limited to: accountant/bookkeeping services; beauty parlor or salon/barber shop; computer programming, software instruction, web page development, and related computer services; consulting services; dressmaking, sewing, and tailoring; event planning services; in-home adult or child care, or preschool; home cooking and preserving; home crafts, such as model making, needlework, and rug weaving; photography studio; painting, sculpting, writing or other fine arts related crafts; telephone answering, telecommuting, secretarial and administrative services; tutoring and musical instruction.

    F.

    Home occupations not allowed in the R-1, R-2, R-R, R-W, and R-M districts. The following occupations are prohibited as home occupations: service, repair or painting of any vehicle; kennels; sexually oriented businesses; commercial composting; sale, repackaging or use of hazardous materials; retail sales unless clearly incidental and necessary to the service being provided by the home occupation; commercial marijuana facilities as defined in AS 17.38, restaurants, alcoholic beverage premises licensed under title 4 of the Alaska statutes and other similar uses which are inconsistent with the purpose statement of KPB 21.44.010.

    G.

    Violation of the home occupation provisions of this section shall be processed in accord with the provisions of KPB 21.50. Each day a violation continues is a separate violation.

(Ord. No. 2016-03 (Sub.) , § 1, 5-3-16; Ord. No. 2011-34, § 14, 10-11-11; Ord. No. 2010-23, § 7, 6-22-10; Ord. No. 2000-02, § 2, 5-16-00)