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20000509 2000-11ORDINANCE NO. 2000- 11 AN ORDINANCE TO AMEND THE DEFINITION OF MINOR HOME OCCUPATIONS IN THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, CHAPTER 26, ARTICLE 1, SECTION 26-4 WHEREAS, there are potential benefits to the local community realized by those seeking services or goods supplied through home occupations and by those providing goods and services; and WHEREAS, there is a need to distinguish between home occupations which are largely invisible in the neighborhood and those which have a greater impact or adversely affect the residential character of neighborhoods; and WHEREAS, minor home occupations should be limited to uses that clearly represent a secondary use of the property; and WHEREAS, occupations in which individuals are independent consultants or direct sales representatives for companies that market products typically found in residential dwellings, such as cosmetics, toys, arts and crafts, nutrition and wellness products, and household items, or services provided by individuals who offer limited student instruction, represent appropriate uses in residential areas with appropriate operational standards; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that the definition of Minor Home Occupation in Article 1, Section 26-4 of the Code of the City of Fairfax, Virginia be amended to read in its entirety as follows: Section 26-4 Minor Home Occupation: The use of an area located within a dwelling unit for business or commercial purposes by a person for whom the dwelling unit is the primary residence and in which he or she does actually reside during non-business hours. Minor home occupations are subject to the following restrictions: All minor home occupations are subject the following operational standards: (f) No person other than a member of the family residing on the premises shall be engaged in the occupation or business on the premises; (g) There shall be no visible evidence (including signs of any size) of the minor home occupation in the outside appearance of the premises; (h) The minor home occupation shall generate no greater volume of traffic than would normally be expected from a single-family residence, subject to the additional operational standards for home businesses and student instruction and consistent with the residential character of the neighborhood; (i) The business or commercial use shall not generate any need for off-street parking spaces; (j) No equipment shall be used other than that normally used for domestic, hobby, household or small office purposes in a single-family residence; (k) The street address of a home occupation business shall not be advertised to the general public in newspaper, radio, or television advertisements. This provision shall not be construed to prohibit address listing in telephone directories, on business cards, or in communication with customers, suppliers or professional colleagues, nor shall it prohibit referrals to individual consultants from corporate Internet sites by customer inquiry; 2000- 11 -2 (1) No person shall conduct a home occupation without obtaining the appropriate business, service or occupational license required by law. All home occupations shall comply with applicable state, federal, and local regulations; Additional operational standards for home businesses involving goods that are offered for sale: (m) No stock in trade shall be displayed or offered for public retail sale on the premises; however goods may be stored for sale subject to the additional limitations for minor home occupations; (n) It shall be understood that sales and delivery of products are primarily away from the residence or by mail. Sales of goods on the premises shall be limited to goods ordered previously by established customers by mail, telephone, Intemet, or at a sales meeting; (o) No more than forty (40) clients or colleagues per week shall be permitted to the property to pick up purchases, attend classes or meet with the business owner with no more than six (6) present at any one time. Visitations to the residence by clients or colleagues shall be limited to the hours of 8:00 a.m. to 9:00 p.m. Such visitations shall be consistent with the residential character of the neighborhood and shall conform to all applicable regulations regarding noise and parking; (p) No more than twenty-five (25) percent of the floor area of the principal dwelling unit shall be used to conduct the home occupation and store stock in trade subject to applicable federal, state and local regulations. The storage of hazardous materials shall be prohibited; (q) The receipt or delivery of' merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 10,000 pounds or less; Additional operational standards for home businesses involving student instruction (r) Instruction shall be limited to a total of eight (8) students per day, with no more than forty (40) total per week or six (6) students present at any one time, between the hours of 8:00 a.m. and 9:00 p.m.; (s) Gatherings of students and families for exhibitions and group activities may take place on the premises no more than four (4) times per year. Such gatherings shall be consistent with the residential character of the neighborhood and shall conform to all applicable regulations regarding noise and parking. It shall be understood that home telecommuting for an employer located elsewhere, which is allowed by right, is not a minor home occupation. Any of the occupations listed under the definitions of "major home occupation" may qualify as a minor home occupation provided that the proposed use meets the criteria listed above. The term "minor home occupation" shall not include any funeral home; kennel; veterinarian office; animal hospital; nursery school; minor or major repair, detailing, or painting of engines (small or large), major appliances, vehicles, trailers, or boats; palm reading or fortune telling; health salon, gym, dance studio, aerobic exercise studio, beauty or hair salon, massage establishment; welding, material or metal fabrication shops or machine shops; gift or antique shop or on-premises retail sales not meeting the criteria in this section; or other similar uses which will likely create an adverse impact on a residential neighborhood. 2000- 11 -3 The ordinance shall become effective as provided by law. Planning Commission Hearing: March 13, 2000 and April 10. 2000 City Council Hearing: May 9, 2000 Adopted: May 9, 2000 The vote on the motion to adopt the ordinance was recorded as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthorne Vote Aye Aye Absent Aye Aye Aye ATTEST: