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Am I allowed to operate a business from my home?

Certain home occupations and home offices are permitted by the Montgomery  Zoning Code.  There are restrictions that apply and certain businesses are prohibited as in-home occupations.  To apply for a home occupation with the City, please use the home occupation use permit.  The regulations that govern home occupations follow:

These regulations control the establishment and operation of home occupations per Section 151.1010 of the Montgomery Zoning Code.  The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use and shall not in any way adversely affect the uses permitted in the residential district of which they are a part.  Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

  1. Not more than one person other than a person residing on the premises shall be employed in a home occupation.
  2. A home occupation shall occupy no more than 25% of the floor area of the dwelling and shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.
  3. Any merchandise that is sold from the premises shall be produced on the premises.
  4. The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.
  5. There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation. Structural modifications such as a separate business entrance, colors, materials, or the construction of accessory structures not currently permitted are prohibited.
  6. No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of generating any noise, vibration, glare, fumes, odors, or electrical interference, or which is determined unsafe.
  7. No signs shall be permitted on the lot that designates employment or home occupations.
  8. Traffic:
    • Employee parking shall be located off the street with the applicable front, side and rear yard requirements maintained.
    • The conduct of a home occupation shall not reduce or render unusable areas provided for required off-street parking areas for the dwelling unit.
    • Traffic generated by a home occupation shall not exceed the average daily volume normally expected for a residence in a residential neighborhood, which for the purpose of this § equals up to 10 round trips per day.
    • Deliveries for the business are limited to an average of once per day. Delivery by a truck with more than two axles is prohibited.

All persons wishing to conduct a home occupation shall apply for home occupation use permit, as required in Chapter 150.12 and shall register with the City of Montgomery Tax Department.

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