Home occupations for administrative/clerical uses only may be permitted as a conditional use within the AG, AR, RA, RB, RE, RMHP, RC, AR-1, AR-2, RD, PUD, BF RS, BF MPC, BF MU, LA MPC, LA RRSV, LA RC and LA RF zoning districts when carried on solely by the residents of the dwelling, are conducted entirely within the dwelling, when clearly incidental and secondary to the use of the dwelling for dwelling purposes, when no change in the character of the dwelling occurs thereby, and when no external evidence of such use occurs.

General Requirements and Prohibitions for Home Occupation Permits

Clay County no longer requires a permit for Home Occupations but does require that all activities are carried out in accordance with the following:

Rules and Regulations for Home Occupations

(1) The use must be conducted by the owner of the property or with the owner’s permission if the property is occupied by other than the owner.

(2) The use must be conducted by a member or members of the immediate family residing on the premises with no other or additional employees.

(3) No chemical, electrical, or mechanical equipment is to be used except that which is normally used for purely domestic or household purposes.

(4) No commodity or item shall be sold upon the premises nor shall a display of products be visible from the street.

(5) The area devoted to the home occupation shall not be the dominant use of the dwelling and in no case shall exceed twenty (20) percent of the total square footage of living area and shall be entirely within the principal building, not including any accessory building.

(6) One sign, not over two (2) square feet in area, may be permitted showing only the name of the business or the profession. The sign must be attached to the dwelling, nor more than two (2) feet from the front entrance.

(7) There shall be no alteration in the residential character of the premises in connection with such home occupation.

(8) The occupation shall not create any greater vehicle or pedestrian traffic than is usual and normal for the residence in which the home occupation is located.

(9) No outside storage of products or the materials used in their manufacture shall be permitted anywhere on the premises.

(10) No additional vehicles shall be routinely parked at the residence other than those owned by the members of the immediate family residing on the premises or their guests.

(11)  The following or similar professions or occupations are expressly prohibited as home occupations:

Major and minor auto or machinery repair or paint shops, including welding, Carpentry, upholstery, and cabinet making, beauty shops and barber shops, private schools with organized classes other than limited individual tutoring, electric machinery or appliance repair, day care centers for the care of more than six (6) unrelated children, medical or dental offices; psychological or psychiatric counseling offices, direct consumer sales, retail or wholesale, of any good or commodity on the premises and landscape/yard maintenance services, except in A and AR residential districts.

(12) All home occupations shall be subject, at any time, to review and investigation by the Clay County Code Enforcement Division, or designee to ensure compliance with these regulations.  A willful violation of these regulations shall be grounds for Code Enforcement action.

For questions regarding Home Occupations, please contact the Planning and Zoning Division office at (904) 278-4705.