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PURPOSE: To
establish parameters for approving a home business so as to prevent the
operation of home businesses which would infringe upon the rights of
neighboring residents to enjoy a peaceful occupancy of their homes.
SCOPE: 1. Applies to all residential property on
the Reservation.
POLICY: A
resident may request NPTHA permission to operate a small business in the unit
if it meets the criteria established by the NPTHA Home Business Policy.
No home business which requires use of the premises outside
the interior of the home will be permitted.
No home business that will increase the insurance rate or
risk of the Property will be permitted.
A. A home
occupation is an activity, profession, or craft carried on entirely within a
residence by the occupants; which activity is clearly incidental to the use of
said residence as a dwelling and does not change the residential character of
it; is conducted in such a manner as to not give any outward appearance of a
business in the ordinary meaning of the term; so located and conducted that the
average neighbor, under normal circumstances, would not be aware of its
existence other than for a nameplate, as permitted; and which does not infringe
upon the rights of neighboring residents to enjoy a peaceful occupancy of their
homes.
The home occupation is carried on with no more than one
employee other than members of the family.
The occupation must be incidental to the residential use and no more
than 25 percent of the gross floor area of the home used. No exterior display by the business is
allowed or any use which will disturb the neighborhood. Off-street parking must be provided and
delivery of materials by commercial vehicles is prohibited.
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A business permit is required whenever you wish to operate an occupation out of your home. Consideration of a permit to operate an occupation out of your home will be scheduled by the Housing Authority upon receipt of a completed formal Housing Authority application. Staff will be available to assist in completing the application. Application forms are available at the Housing Authority.
A home
business permit application usually takes 30 days to process. Housing Authority staff will review the
application for and make a recommendation to the Executive Director who will
render the final decision.
An appeal of a denial may be made to the Board of
Commissioners in accordance with the NPTHA Grievance Policy.
1.05 Applicability of Approval
Home business permits are approved only for the applicant
and shall not be transferable to a subsequent owner or occupant of the
home.
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1.06 Permitted Home Occupations
Authorized home occupations include, but are not limited to
the following and are permitted in any dwelling unit, subject to the following
provisions:
·
Artists, authors,
sculptors;
·
Barber and beauty
shops;
·
Dressmakers,
seamstresses, and tailors;
·
Family and day care
home, limited to not more than six (6) children, not including the children or
step-children of the child care provider;
·
Home crafts, and
instruction in arts and crafts, limited to not more than six (6) participants;
·
Lawyers, architects,
engineers, Realtors, insurance agents, brokers, accountants, consultants, and
members of similar professions;
·
Music or dancing
teachers, provided that the instruction shall be limited to six (6) pupils at a
time, except for occasional groups;
·
Photographers;
·
Physicians, dentists,
or other licensed medical practitioners;
·
Repair of household
appliances, radios, television sets, and similar electronic devices;
·
Sales of items grown
on the premises; this is not meant to limit the processing of certain food
products such as wine, jellies, canned fruits or vegetables.
·
Telemarketing/Internet
marketing
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1.07 Home
Occupations Not Permitted
The
following uses, by the nature of the investment or operation, have a pronounced
tendency, once started, to rapidly increase beyond the limits permitted for
home occupation and thereby impair the use and value of a residentially zoned
area for residential purposes.
Therefore, the uses specified below shall not be permitted as home
occupations:
·
Auto repair, minor or
major;
·
Cabinet shop;
·
Gift shop or antique
shop;
·
Painting of vehicles,
trailers or boats;
·
Photo developing,
retail;
·
Wood lots and on
premises firewood sales;
·
Businesses in which
more than one person not an occupant of the residence reports to the site of
the business office to receive work assignments, material or payroll;
·
Repair of any internal
combustion engines;
·
Nursery or garden shop
·
Construction business
in which equipment is stored or repaired on site.
An occupation which does not comply with the following
criteria shall not be deemed a “home occupation”.
·
Not more than one
person other than members of a family residing on the premises, shall be
engaged in such occupation on the premises;
·
The portion of the
dwelling unit used for a home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and not more
than one fourth (1/4) of the gross area of one floor of said dwelling shall be
used for the home occupation;
·
No exterior display,
including window displays, shall be permitted;
·
No outdoor storage
shall be permitted;
·
Exterior signs shall
be restricted to those permitted in the zone in which the home occupation is
located;
·
There shall be no
other exterior indication of the home occupation;
·
No home occupation
shall be conducted in such a manner, and/or no materials or mechanical
equipment shall be used, which will be detrimental to the residential use of
said residence or cause a nuisance to surrounding residences, because of
vibration, noise, dust, smoke, odor, interference with radio or television
reception, or other factor;
·
Any need for parking
generated by the conduct of such home occupation shall be met off the street
and other than in a required front or side yard;
·
The home occupation
shall not involve the use of commercial vehicles exceeding one and one half (1-1/2)
ton capacity for delivery of materials to or from the premises;
·
The occupation shall
be conducted only in the dwelling unit and not in a building which is detached
from the dwelling unit, unless a conditional use permit is obtained;
·
No article shall be
sold on the premises, except such as is produced by the occupants on the
premises, unless a conditional use permit is obtained.
· The cumulative impact of multiple home occupations licensed at a single address shall not exceed the criteria set for a single home occupation.