Frequently Asked Questions

A: There are two types of home occupation definitions in the Zoning Ordinance: 1) Residential home occupations, which are allowed as an accessory use in any rural or residential zoning district, (as defined in Section 202) – “An accessory use of a dwelling that involves very limited manufacture, provision, or sale of goods and/or services. “Garage/yard sales or home parties that are held for the sale of goods or services are not considered a home occupation provided these sales do not exceed six in one year. A residential home occupation is only permitted per the standards contained in the rural and single-family zoning districts. The standards for residential home occupations in rural zoning district are contained in Section 402.12 of the Zoning Ordinance. The standards for single-family residential zoning districts are contained in Section 702.9 of the Zoning Ordinance. The standards for rural and residential zones are different. 2) Cottage industries, which are permitted in rural zoning districts subject to obtaining a Special Use Permit, approved by the Board of Supervisors (as defined in Section 202) – “An accessory use of a dwelling that involves limited manufacture, provision or sale of goods and/or services. “Garage/yard sales or home parties held for the sale of goods or services are not considered a cottage industry provided these sales do not exceed six in one year. A cottage industry is a more intense use than a residential home occupation and is only permitted per the standards contained in the special use section in rural zoning districts. The standards for cottage industries are contained in Section 2401.1.ii of the Zoning Ordinance.

A: The Zoning Ordinance does not list businesses (i.e. commercial activity) as a permitted primary use in rural or residential districts; however, many accessory commercial businesses can be permitted under the residential home occupation definition or the cottage industry definition assuming the required standards dealing with the level of activity and effects on surrounding properties are adhered to.

A: Yes. Group homes fall into two categories in the MCZO.

1. Homes providing assisted living for the elderly with no more than ten residents (including live in caregivers) are allowed in the rural & residential zoning districts. Single family homes are subject to a separation minimum of 1320 feet and licensure requirements.
2. Homes providing care for more than ten residents require a Special Use Permit.

A: Complete & submit a "Land Use application for a group home". It is always a good idea to call the zoning information line before making major commitments to a location. Staff can research the location to make sure the separation minimum is met. Applications are available on the website. Follow the instructions provided in the "applicants guide".

A: The Land Use application provided to Planning & Development requires the forms be a part of the submittal. Upon approval, the forms will be signed and returned to you. They then may become a part of your application to the State.

A: These facilities are not allowed in category a), a Special Use Permit or possibly a change in zoning will be required.

A: Yes, a compliance inspection is part of the process. For existing single family homes, residential building codes apply. If the home plans to have more than five residents, a fire sprinkler system is required. In the case of a new build group home, the building code definition of a group home applies. This requires the home to meet commercial group home building safety codes.