§ 6.030. Customary home occupations.

(a)

A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within the dwelling. Dwellings housing customary home occupation shall display no stock in trade outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings. Not more than one (1) person other than the immediate members of the family residing on the premises shall be employed in the pursuit of the home occupation, and the total floor area used in conducting a home occupation shall not exceed twenty (20) percent of the total floor area of the dwelling. No signs shall be displayed other than one (1) identification sign not exceeding twelve (12) square feet and not illuminated other than by a white nonflashing enclosed light design on indirect lighting from a shielded source. The following occupations, subject to the requirements of this paragraph, are permitted as customary home occupations:

a.

Barbershop and beauty shop operated by not more than two (2) members of the residence.

b.

Artist, dressmaker, seamstress, tailor, and interior decorator.

c.

Professional office of architect, accountant, lawyer, engineer, doctor or dentist provided not more than one (1) paid assistant is employed.

d.

Teaching, including tutoring, musical instruction, or dancing, but limited to not more than three (3) pupils at a given time.

e.

Any similar use which the board of zoning appeals deems to be a home occupation by reason or acceptance as a home occupation in the community.

(b)

Applying for occupational/business tax license. All applicants for home based businesses shall apply for an occupational/business tax license with the director of the planning and zoning department or the director's designee. The director shall have ten (10) business days from the date of the application to:

1.

Approve the request;

2.

Deny the request; or

3.

Approve the request subject to certain conditions/recommendations being met.

The approval, denial or approval subject to certain conditions shall be made in writing and shall state the basis for any denial or approval subject to certain conditions/recommendations being met.

(c)

Approval of licenses by the director of planning and zoning department. Upon the approval by the director of the planning and zoning department of the request, an occupational/business tax license shall be issued.

Upon the approval of the request subject to certain conditions / recommendations being met, a license shall be granted if the applicant is in agreement to fulfill the conditions/recommendations of the director of the planning and zoning department.

(d)

Denial of licenses by the director of planning and zoning department. In the event the application is denied by the director of the planning and zoning department or the applicant refuses to meet the conditions/recommendations of the planning and zoning department, the applicant shall submit the matter to the city council within thirty (30) days of the next city council meeting. The city council shall then conduct a public hearing on the matter. At the conclusion of said hearing, upon motion being made for a vote, the city council shall vote on the issue of the granting of an occupational/business tax license. Upon three (3) council members voting in the affirmative or the mayor and two (2) council members voting in the affirmative (where approved by the City Charter), the license shall be granted.

In the event the city council grants the occupational/business license, then the applicant shall have thirty (30) days to tender suitable funds to the director of the planning and zoning department and the planning and zoning department shall issue an occupational/business tax license. IN THE EVENT THE APPLICANT FAILS TO TENDER SUITABLE FUNDS WITHIN THIRTY (30) DAYS OF THE CITY COUNCIL GRANTING THE OCCUPATIONAL/BUSINESS TAX LICENSE, THEN THE APPLICATION SHALL BE DEEMED TO BE ABANDONED AND NO LICENSE SHALL BE GRANTED. THE APPLICANT SHALL BE PERMITTED TO REAPPLY AND BEGIN THE APPLICATION PROCESS OVER AGAIN.

In the event the city council denies the application then the applicant shall have thirty (30) days to appeal said decision to the Superior Court of Columbia County, GA.

In the event the director of the planning and zoning department fails to approve, deny or approve the recommendation subject to certain conditions within the ten (10) business day timeframe for the initial application, said matter shall be referred to the city council upon request of the applicant.

In the event the city council refuses to grant or deny the occupational/business tax license, upon the expiration of ninety (90) days after said matter having been first presented to the city council, the application shall be deemed to be denied and the applicant shall have the right to appeal this decision to the Superior Court of Columbia County within thirty (30) days of the expiration of the 90-day period.

(Ord. No. 204, §§ I—III, 6-14-10)