Chapter 4 Generally Applicable Development Standards Part 4 Accessory Uses and Miscellaneous Standards Page3 of 5

4.4.4 GARAGE SALES

1. Definition:
   
   Garage Sale: As an accessory use of residential property, the sale of goods that are no longer needed or used at the site of the sale, whether advertised in local media, by signs, or otherwise as a garage sale, yard sale, household sale, moving sale, barn sale or other sale, accomplished by direct sale; or
   
   The sale, at the seller’s place of residence, of all or Part of the household goods or items, in conjunction with vacating the residential premises by the seller or the seller’s estate, whether accomplished by direct sale or auction; or
   
   Sales conducted by civic groups, school groups, church groups, charitable or fraternal organizations and other non-profit organizations if such sale is held on the organization’s premises. The sale of new or used goods purchased or consigned specifically for garage sales is prohibited.
2. No more than two garage or yard sales per calendar year, lasting no more than two days each, may be conducted on a given property.
3. A garage or yard sale may not exceed 1,800 square feet of sales area.
4. No garage sale item(s) may be placed in the right-of-way.
5. All signs used to advertise or direct traffic to a garage sale must be removed within 48 hours of the conclusion of the sale.

4.4.5 HOME OCCUPATIONS

“Home Occupation” shall mean an occupation, trade, business or profession conducted within a dwelling unit or a structure accessory to a dwelling unit by an individual or group of individuals who are residents of the dwelling unit. This use shall be clearly incidental and secondary to the primary use as a residence.

1. NOTE: Some subdivisions may restrict or prohibit home occupations through deed of restrictions.

   Intent.
   
   The intent of this Section is to allow an occupant or occupants of a residence located on residentially zoned property to engage in a home occupation, trade, profession or business within said residence and its accessory structure(s) provided that such an activity does not adversely affect adjacent or nearby residents or the neighborhood as a whole.
2. Employees.
   1. Employees working or meeting at the home occupation site shall be limited to persons who reside in the dwelling unit except that one nonresident employee shall be permitted to be at the site at any one time.
   2. The owner/operator of a home occupation may apply for a conditional use permit to allow up to two additional nonresident employees (up to three total) if the following criteria are met:
      1. The property on which the home occupation is located must be at least three acres in size to apply for one additional nonresident employee (two total).
      2. The property on which the home occupation is located must be at least five acres in size to apply for two additional nonresident employees (three total).
3. Exterior Appearance.
   
   There shall be no change to the exterior appearance of the dwelling unit that houses the home occupation and there shall be no visible evidence of the conduct of a home occupation as viewed from the public-right-of-way and adjacent properties.
4. Number of Customers, Clients and Pupils Permitted.
   
   No more than two customers, clients or pupils shall be permitted on the site at any one time except that an occupant of a single-family dwelling may provide group or professional therapy for no more than four individuals at one time. Appointments for clients must be scheduled with an allowance of time for one client or group of clients to leave before the succeeding client or group of clients arrive so as to avoid parking conflicts.
5. Signage.
   
   No signage associated with a home occupation shall be permitted. This includes, but is not limited to, the placement of a business sign on or near the site. This shall not preclude the placement of a sign on a vehicle owned or leased by a resident that is parked on the premises in accordance with applicable regulations.
6. Parking and Deliveries.
   1. Any parking needed to accommodate the customers, clients or pupils being served by a home occupation shall be provided off-street on the dwelling unit’s existing parking area/ driveway, except as provided in (2) below. The permit issuing authority shall determine whether the site has enough parking available in the parking area/ driveway to accommodate the parking generation expected from the proposed home occupation. Driveways may not be expanded or altered in any way to accommodate the expected parking needs of a home occupation.
   2. On-street parking spaces may be used to accommodate a home occupation only if the owner/operator provides the Planning Director with a parking study that meets the requirements of Section 9.1.17 (Parking Studies) of the Land Development Code and the Planning Director finds that the use of the on-street parking spaces by the home occupation will not adversely affect adjacent or nearby residences. If the Planning Director is unable to make such a determination, he/she may forward the request to the Planning Commission or its designee for final approval
   3. Deliveries associated with the home occupation shall not be made using tractor- trailers. No more than two commercial deliveries (e.g. UPS, Federal Express, US Postal Service Express Mail) shall be made in any 24-hour period.
7. Permitted Locations and Maximum Size/Area.
   1. The operation of home occupations shall be limited to the dwelling unit (including the basement and attached garage) and one roofed and fully enclosed accessory structure located on the site.
   2. The area occupied by home occupations shall not exceed the limits specified below. The maximum area calculation shall include the space in which the home occupation is conducted as well as any areas that the home occupation’s employees, customers, clients or pupils typically use including hallways, bathrooms and kitchens, when applicable. When all or a portion of the activity associated with a home occupation is proposed to occur in an accessory structure then the floor area of that accessory structure may be included in the calculation of the residence’s floor area.
      1. A home occupation situated on a lot of less than one acre shall occupy no more than 25% of the floor area of the residence or 500 square feet in area, whichever is less.
      2. A home occupation situated on a lot greater than one acre shall occupy no more than 25% of floor area or 1,000 square feet, whichever is less.
   3. All activities associated with a home occupation are prohibited from occurring outside of the residence and its accessory structure except as specifically permitted.

8. NOTE: Uses generally acceptable as home occupations include: Day care facilities (6 or less individuals)(in effect within Louisville Metro only) Day care facilities (7 or less individuals) (not in effect within Louisville Metro and the City of Prospect) Mail Order Operations Woodshops Beauticians The offices of the following professionals: Accountants, Architects, Attorneys, Engineers, Real estate brokers, Sales and Manufacturing Representatives, Financial advisors, Insurance agents, Landscape architects Counselors, Mediators Travel agents, Therapists, Chiropractors, Psychologists, and Psychiatrists

   Hours of Operation.
   1. Any home occupation that accommodates customers, clients or pupils on the site shall not be permitted to operate between the hours of 9 P.M. and 7 A.M.
   2. No nonresident employee may work at a home occupation between the hours of 9 P.M. and 7 A.M.
9. Other Requirements.
   1. No machinery, equipment, or process used or conducted in association with a home occupation shall create any noise, vibration, fumes, odors, dust or electrical interference that is detectable:
      1. Off the lot if the home occupation is conducted in a single family dwelling unit; or
      2. Outside the dwelling unit if the home occupation is conducted in something other than a single-family dwelling unit.
   2. No equipment discernibly identified with a home occupation may be stored outside the residence unless it is located within an accessory structure.
   3. The sale of agricultural goods (e.g. flowers and vegetables) that are grown on the site shall be permitted as a home occupation as long as the other requirements of this Section are met.
   4. More than one home occupation may be permitted within a dwelling unit, however the cumulative impact of the home occupations shall not exceed the maximum limits for the number of employees, number of customers, clients and pupils, parking and delivery restrictions, and maximum size/ area limits prescribed by this Section.
10. Prohibited Home Occupations.
    
    The following uses/activities are prohibited as home occupations unless expressly permitted by other provisions of this Section. If, in the opinion of the permit issuing authority, a use or activity that is proposed as a home occupation is not specifically listed as prohibited, but has characteristics of a use or uses that are listed and could negatively impact the residential character of the neighborhood in which it is proposed, then that use/activity shall be prohibited as a home occupation. Such determinations may be appealed to the Board of Zoning Adjustment..
    
    Any use or activity that does not meet the requirements of this Section;
    
    Adult Entertainment;
    Auto or Other Vehicle Sales, Service, Rental or Repairs (excluding minor repairs made to vehicles owned or leased by residents of the site);
    Bed and Breakfast;
    Daycare Facilities (except as otherwise permitted)
    Clubs;
    Dentistry;
    Drive-In Facilities;
    Eating and Drinking Establishments;
    Escort Services
    Group Instruction or Therapy with more than four students or clients on the premises at a time;
    Health Spas (excluding personal trainers / massage therapist);
    Hospitals and Clinics;
    Hotels/Motels;
    Kennels;
    Large appliance repair
    Lawn mower repair
    Machine shop
    Medical examinations or treatment (other than psychiatry as expressly permitted herein);
    Plasmapheresis;
    Retail Advertising;
    Retail and Wholesale Sales (except as otherwise permitted);
    Taxi or Limousine Service;
    Whole Blood Facilities;
    Manufacture of Goods;
    Distribution of Goods (excluding mail order operations);
    Storage of Goods to be Offered for Sale;
    Display of Goods
11. Registration of Home Occupations.
    
    Prior to the establishment of any home occupation that (i) serves customers, clients or pupils at the site, or (ii) has one or more non-resident employees, the proprietor shall register the occupation. Day care centers as a home occupation shall require a home occupation registration. The registration shall not be transferable and shall not run with the land; it shall terminate upon sale or transfer of the property to a new owner or tenant. The Planning Director shall maintain records of registered home occupations. [1] The registration form shall be the basis for determining compliance with the requirements of this section 4.4.5. Home occupation proprietors shall be responsible for updating their registration forms, at such time as their operations change from the activities described in the registration documents. Any home occupation meeting either criteria (i) or (ii) above that was established before the effective date of this Section shall have one year from the effective date of this Section to register the home occupation.