Home Occupation Affidavit

(For Home-Based Businesses Only)

Please make sure to fill out the Business License Application in addition to this form if this business is operating out of a home. All fields below are required unless marked as Optional.

Article I – Lee County Code of Ordinances, Chapter 70 – Zoning, Sec. 70-6 Definitions

Home occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced, sold, or provided to customers in connection with such occupation; that such occupation shall not require internal or external alterations or construction, open storage or signs not customary in residential areas. One non-illuminated name plate, which is not more than two square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises. Clinics, hospitals, childcare centers, and day nurseries, among others, shall not be deemed to be home occupations.

Home occupation, residential:

1. The home occupation use shall only be allowed in residential zoning districts which allow home occupations.
2. The dwelling unit must maintain a residential appearance and there shall be no outward evidence of the occupation or impacts in appearance, noise, light, odor, traffic and utilities that would be detectable beyond the dwelling unit.
3. The use shall be conducted entirely within the dwelling unit and accessory structures with not more than 25 percent of a property's gross floor area devoted to the home occupation.
4. No more than one home occupation shall be authorized for any residential dwelling unit.
5. No business materials or equipment shall be stored at the premises of the home occupation unless such material or equipment is stored in an area within the residence. No business vehicles used in the home occupation shall be stored on the premises where the home occupation is undertaken.
6. The following businesses, uses, and activities shall be prohibited as home occupation uses: adult entertainment establishments; kennels; stables; veterinarian clinics; medical and dental clinics; restaurants, clubs, and drinking establishments; motor vehicle repair or small engine repair; funeral parlors; adult businesses; limousine service; taxi service; and wrecker service.
7. Motor vehicles of customers of the person conducting the home occupation may be parked at the premises of the home occupation during business hours while the customer is conducting business with the person operating the home occupation. No provision or this subsection shall be construed to authorize a violation of either restrictive covenants applicable to the premises where the home occupation is being conducted or to amend any provision of the county's Code of Ordinances with respect to the types of motor vehicles which may be parked in a residential subdivision.
8. Non-conforming home occupation uses: non-conforming uses permitted as of October 1, 2005, shall be allowed to continue to operate under the following conditions:
   a. No non-conforming use may be changed to another non-conforming use.
   b. No non-conforming use shall be increased, extended or enlarged beyond the size or scope of the use as it existed on the date of issuance of the current occupation tax certificate.
   c. The non-conforming use is specially designated to the current property and business owner. (The home occupational use is not transferable.)
   d. Violation of these conditions will result in an immediate and permanent revocation of the right to continue the non-conforming use.