Forsyth County › Unified Development Code
Chapter 16 — Supplementary Regulations for Specific Uses, Article 3 — HOME BUSINESSES
§ 16-3.1
Classification of Home Businesses.
A home business may be classified as “professional home office” or "home occupation" based on the specific characteristics of and activities associated with said home business.
A “professional home office” is more restricted than a “home occupation” as detailed below; with one principal distinguishing characteristic being that a professional home office does not permit non-residential employees. The determination as to whether a home business is classified as a “professional home office” or "home occupation" shall be made by the director as set forth herein.
(A)Professional Home Offices. Professional home offices are businesses that, by their nature, appearance and inherent operational activities and characteristics, are less intensive in character and activity and are, therefore, less likely to have a noticeable and negative impact on the residential or agricultural character of the subject property and surrounding neighborhood. Due to the less intensive nature of these activities, applications for professional home office need only be reviewed by staff for administrative approval and more than one (1) professional home office per residence may be granted. A professional home office shall comply with all of the following performance criteria and general requirements set forth in this article:
(1)Activities associated with a professional home office shall be conducted entirely within residential dwelling including an attached garage, or, one (1) detached garage when no attached garage exists;
and
(2)The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling or within an accessory building (excluding an attached garage) is prohibited except as may be permitted in the Agricultural zoning districts as provided for in Chapter 17, Section 6.4; and
(3)There shall be no non-resident employees working upon the property for which a professional home office license has been granted; and
(4)There shall be only two customers on the premises; and
(5)No more than one (1) vehicle, used primarily as a passenger vehicle, shall be permitted in connection with the professional home office. Trucks with three or more axels, tractor trailers, heavy equipment, etc. are not allowed except as may be permitted in the Agricultural zoning districts as provided for in Chapter 17, Section 6.4; and
(6)The use of exterior signage is prohibited;
(B)Home Occupations. Home Occupations are businesses that, by their nature, appearance and inherent operational activities and characteristics, are potentially more intensive in character and activity and are, therefore, more likely to have a noticeable and negative impact on the residential or agricultural character of the subject and surrounding properties. Due to the more intensive nature of these activities, only one
(1)home occupation is allowed per residence. Home occupations shall comply with all of the following performance criteria and general requirements set forth in this article:
(1)Unless otherwise specifically approved by the Planning Commission, all activities associated with a home occupation shall be conducted entirely within the residential dwelling and/or in an enclosed accessory building or structure, provided said building meets all the requirements of this Code; and
(2)The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling is permitted in an enclosed accessory building except as may be permitted in the Agricultural zoning districts as provided for in Chapter 17, Section 6.4; and
(3)The number of part or full-time non-resident employees working upon the premises for which a home occupation license has been granted shall not exceed three (3) employees; and
(4)There shall only be only two (2) customers on the premises at any given time except as noted in 16-3.1(D); and
(5)There shall be no retail sales of goods not made on the premises; and
(6)No more than two (2) vehicles, used primarily as passenger vehicles, shall be permitted in connection with the home occupation. Trucks with three (3) or more axels, tractor trailers, heavy equipment, etc. are not allowed except as may be permitted in the Agricultural zoning districts as provided for in Chapter 17, Section 6.4; and
(7)Exterior signs shall be limited to the following options:
(a)One (1) sign not greater than two (2) square feet in area and flush-mounted to the residential dwelling; and if applicable,
(b)Those home occupations having a minimum of seventy-five (75) feet of frontage along a minor or major arterial roadway shall be entitled to a sign permit upon the tendering of a complete sign application to the department, to place one (1) non-illuminated monument sign or monument blade sign not greater than sixteen (16) square feet maximum sign face not exceeding six (6) feet in height.
(c)The monument sign authorized in section 7 (b) shall be removed upon the home occupation being discontinued, abandoned, or withdrawn at that location. The application referenced in section 7 (b) shall require the applicant to acknowledge this removal requirement as a condition to receipt of a sign permit.
(d)The sign allowance in section 7(b) shall control over any additional sign allowance available on residentially zoned properties in the Forsyth County Sign Ordinance.
(C)Prohibited Home Business.
(1)Any type of repair or assembly of vehicles or equipment with internal combustion engines or of large appliances or any other work related to automotive parts is prohibited.
(2)Group instruction, assembly or activity is prohibited except as noted in 16-3.1(D).
(3)Call centers, and dispatch centers.
(4)Special events facilities, to include outdoor commercial recreation.
(5)Lodging services
(6)Private clubs
(D)Home Occupations in Agricultural Zoning Districts.
(1)All home occupation applications in Agricultural zoning districts shall require a public hearing before the Planning Commission, except if the following conditions are satisfied then staff approval shall be authorized:
(a)Minimum lot area. The parcel shall be a minimum of five (5) acres in size and zoned Agricultural (A1) or Agricultural-Residential (AG-RES).
(b)Hours. Hours of operation shall be limited between the hours of 7 a.m. to 7 p.m., seven (7)
days a week.
(2)Group instruction, assembly or activity is permitted on parcels zoned Agricultural (A1) upon approval of a home occupation application by the Planning Commission. The following shall also apply:
(a)Maximum number of attendees shall be limited to ten (10) persons at any given time.
(3)Cottage food operations, when located within agricultural zoning districts, are not classified as home occupations. A Cottage Food Permit shall be required.
§ 16-3.2
General Requirements and Performance Criteria.
Both professional home offices and home occupations shall comply with the following requirements prior to or as a result of compliance with any conditions of approval required for issuance of a professional home office or home occupation license. Nothing herein is intended to supersede restrictive covenants, or other private agreement or restriction, where the provisions of the covenant, private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of these regulations.:
(A)All applicable state, federal, and local business and/or occupational licenses shall be obtained or applied for at the time of application for either a professional home office or home occupation license. All activities associated with a home occupation or professional home office and the residential dwelling, accessory building(s), structures(s), and overall property from which such home occupation/professional home office is being conducted shall comply with all applicable county and state building, fire, sanitary and health requirements and regulations. Non-compliance with any applicable requirement and/or regulations may be grounds for denial or revocation of a home occupation or professional home office application.
(B)The owner/proprietor of a home business shall be responsible for notifying the director of any changes to the conduct , nature or scope of the home business that render the business different from that included in the description provided as part of the application, or from any conditions or restrictions imposed as part of the license. Such changes may result in the discontinuation of the use, or the need for a new application and reclassification of the home occupation or professional home office.
(C)The home business shall be conducted from the owner’s/proprietor’s principal domicile or permanent home.
(D)Activities associated with a home business shall not generate any solid or liquid waste, water consumption, traffic, noise, vibrations, smoke, dust, odor, heat, glare, disturbance or interference with the provision of electrical, television or other utility services, or create any safety hazards exceeding those which are typically and customarily produced by and/or associated with a residential dwelling and residential uses in the zoning district and surrounding neighborhood within which the subject property and home business is located. Light spillage restrictions as outlined in 16-4.25 shall be met and maintained. The total area used to conduct activities associated with a home business should not exceed 33% of the finished space within the principal building. For purposes of this calculation, finished space within the principal building shall exclude unheated areas such as porches, unfinished basements, garages and decks.
(1)All licensed owners/proprietors of home businesses that verifiably existed on or before November 22, 1999 that are nonconforming with the area requirements specified in this article, shall be exempt from these requirements. Such businesses shall be permitted to expand in conformance with the requirements of this article and Code.
(E)The residential dwelling, accessory buildings and structures, and overall property shall remain residential in character and appearance that are typical and customary for residential property located in the zoning district within which the home business is located. Structural and other alterations and alterations in the exterior or interior appearance that will make the dwelling, buildings, and/or the site appear or function similar to a commercial operation are prohibited. Prohibited alterations may include, but are not limited to, the creation of a separate or exclusive entrance(s) for business purposes, use of signage or other advertising other than that allowed as set forth herein and commercial-like exterior lighting.
(F)All parking shall be located in an off-street location on a paved, gravel or other suitable parking surface.
Parking on lawn areas is prohibited.
(G)Wholesale or retail sales from within a residential dwelling, accessory building or structure, or from a residential property on a regular or year-round basis or as a primary activity or function of the home occupation or professional home office shall be prohibited except for sales conducted entirely via the mail, telephone or internet. No goods or products intended for sale shall be displayed outside of a dwelling, accessory building or structure, or elsewhere on the property. This provision is not intended to limit or prohibit the sale of agricultural products grown from the same agricultural property. In addition, year-round retail sales comprising the primary business activity of a home occupation shall be permitted on agriculturally zoned parcels (A1) when approved by the Planning Commission.
(H)Truck deliveries or pick-ups of supplies or products associated with a home business shall be limited to the type of vehicles and pick-up/delivery hours that are typical and customary for residential dwellings and uses located in the zoning district within which the home business is located. Specifically, these vehicles shall be limited to the types of vehicles associated with the delivery of domestic mail and packages.
(I)In order to ensure that a home business does not become a nuisance to the surrounding properties and property owners, the director, or Planning Commission may impose reasonable conditions as deemed necessary to protect the health, safety, and welfare of said properties, property owners and general public.
(J)Owners/proprietors of a home occupation shall permit a limited inspection of the premises by the director or other duly authorized agent of the Board of Commissioners or other agency having jurisdiction or responsibility for enforcing applicable laws, requirements, and regulations at the time of application or after the home occupation has commenced operation in order to determine compliance with the requirements of this Code and/or the conditions of the license. Failure to cooperate in providing such access may result in the immediate discontinuation of the home occupation or professional home office license.
(K)Owners/proprietors of all home businesses shall maintain a valid business license. Failure to hold a valid business license will invalidate the home occupation or professional home office.
(L)All home occupation and professional home office licenses shall be deemed valid for an initial twelve-month period unless otherwise provided for as a condition of the approval. After the initial twelve-month period, all home occupation and professional home office permits shall expire on the first day of April. The director may revoke a home occupation and professional home office license if any of the following circumstances occur:
(1)Changes occur in the activities or character of the home occupation or professional home office being conducted that warrant additional review and approval by the director, or Planning Commission;
(2)Whenever the director has reasonable cause to believe that any of the general or specific requirements and/or performance criteria set forth in the Code, or conditions imposed as part of the professional home office or home occupation are being or have been violated, or, any activity associated with conduct of the home occupation or professional home business becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood and properties.
(M)If the director does revoke a home occupation or professional home office license, the director's decision may be appealed to the ZBA.
(N)The granting of a home occupation or professional home office license shall not constitute a covenant running with the property from which such home business is being conducted. A home occupation or professional home office license shall not be transferable to another property and shall automatically and immediately terminate and become null and void upon the sale, lease, or transfer of said property to a party different than to whom the home occupation or professional home office license was originally granted.
§ 16-3.3
Procedures.
(A)An appeal of any decision by the director shall be processed and considered by the Zoning Board of Appeals as set forth in Chapter 8 of this Code.
(B)All renewal applications for home occupation and professional home office licenses shall be reviewed and either approved, approved with conditions, or denied by the director within thirty (30) days of the date said renewal application has been received by the department.
ARTICLE IV, SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES: