Type: MAUNOTParty: County: PulaskiAttorney/Contact: Tina Timmons
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: ORDINANCE NO. 1107, AN ORDINANCE TO AMEND THE DEFINITION OF “HOME BUSINESS/OCCUPATION” IN THE MAUMELLE CITY CODE, AND FOR OTHER PURPOSES
WHEREAS, the city council desires to clarify that “home business/occupation” as defined in section 94-572 of the Maumelle City Code does not include an occasional refreshment stand operated by a minor who is sixteen or younger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
Section 1. Subsection 94-572(b) of the Maumelle City Code is amended to read as follows:
Sec. 94-572. – Home occupations. . . .
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Home business/occupation means an accessory use of a dwelling unit, involving the manufacture, provision, or sale of goods and/or services, which is carried on by members of the immediate family residing on the premises. Home businesses/occupations shall not include garage sales and yard sales nor home parties which are held for the purpose of the sale or distribution of goods or services. However, if the collective total of all such sales and/or parties exceeds four at any one location in any calendar year, such sales and/or parties shall be considered a home business/occupation. “Home business/occupation” does not include an occasional refreshment stand operated by a minor who is sixteen or younger. This subsection separates home business/occupations into two different and distinct categories as follows:
(1) Low-impact home business/occupation, which has little if any effect on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident occupant conducts no business other than by telephone, mail, facsimile or computer modem; where customers are not typically received on the premises; where no deliveries are accepted on a regular basis; and where an office is needed for the purposes of sending and receiving mail, telephone calls, maintaining records and other similar functions. A low-impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be unaware of its existence. Examples of this type of home occupation include but are not limited to artist, telephone solicitors, housecleaners, homemade crafts for sale off site, babysitting (five children maximum), tutoring (five maximum), office facility for a salesman, sales representative or manufacturer’s representative provided that no transactions are made in person on the premises.
(2) Moderate-impact home business/occupation, which has some type of impact on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident occupant conducts business with customers on site; where equipment, other than office equipment, exists to conduct the home business/occupation; where a company vehicle and/or company trailer exist. A moderate-impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be aware of its existence due to traffic, noise or equipment. Examples of this type of home business/occupation include but are not limited to contractor’s office, locksmiths, swimming pool cleaning, financial planning, lawn care/maintenance, day care center (more than five children), etc.
Section 2. (Do not codify.) Codification. It is the intention of the city council that the provisions of this ordinance shall become and be made a part of the Maumelle City Code.
Section 3. (Do not codify.) Repealer. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. (Do not codify.) Severance. If any clause, sentence, paragraph, section or other portion of this ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent jurisdiction, such findings shall not affect the validity of the remainder of these sections, nor shall any proceeding invalidating any portion of any section operate to affect any portion of the remainder of said sections not specifically attacked in said proceeding. Adopted this 5th day of February 2024. D1T 2/13/2024