Commission OKs setting public hearing to amend portion of zoning resolution
The Lincoln County Commission will hold a public hearing at 5:30 p.m. on Tuesday, May 26 to discuss and later vote on a proposed zoning amendment concerning “Home Occupation in an Accessory Structure” with standards to the Lincoln County Zoning Resolution. The proposed zoning meeting is part of File# ZR 2026-3. A report was created by Lincoln County Planning and Zoning on April 2, 2026, and was recommended by approval by the Lincoln County Planning Commission on April 6, 2026.
See Zoning, Page 4A ^ Lincoln County Planner Traci Perkins said the amendment is “adding language” to the zoning resolution. “It’s not taking any language away …,” she said.
Currently, the zoning resolution (3.040) language states a customary incidental home occupation is a gainful occupation or profession (including the professional office of an architect, artist, dentist, engineer, lawyer, physician and like professionals, barbers, beauty and tailor shops) conducted by members of a family residing on the premises or only one person in addition to those persons residing on the premises and conducting entirely within the principal dwelling unit. The current zoning resolution reads, “In connection with a home occupation, no stock in trade shall be displayed outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings. An announcement sign of not more than 4 square feet in the area is permitted.”
The current zoning resolution also reads, “When questions arise regarding the legality of specific home occupations, the Planning Commission Board of Zoning Appeals shall determine whether a home occupation is in compliance with the district in which such home occupation is located. However, activities such as dancing instruction, band instrument instruction, tea rooms, tourist homes, real estate offices, convalescent homes, mortuaries, animal clinics, real estate business, or any other activity deemed by the Planning Commission Board of Zoning Appeals to be incompatible with the district or a potential nuisance to the surrounding area shall not constitute an acceptable home occupation.”
The proposed additions to the zoning resolution language and additional language for “Home Occupation in an Accessory Structure,” (3.041) would include the following: “The purpose of the Home Occupation in an Accessory Structure is to provide the opportunity for the use of an accessory structure for limited business purposes. These criteria are designed to maintain the character of the surrounding residential or agricultural area, to minimize any conflicts of the home occupational use with the surrounding uses, and to maintain and protect property values. A Home Occupation in an Accessory Structure means the use of an accessory building for gainful occupation or profession conducted by members of a family residing on the premises. A Home Occupation in an Accessory Structure must be clearly incidental to the primary use of the dwelling at the residence.”
The proposed additions would also include special conditions for a home occupation in an accessory structure and include that “no nuisance effects (noise, vibration, odor, discharge of materials, fluids, gases, excessive lighting, glare, fumes, electrical interference or any similar activity) shall emanate from the conduct of the home occupation which would adversely affect the health, safety or tranquility of the surrounding neighborhood.”
The proposed amendment addition reads, “To be classified as a home occupation under this category, the following criteria must be met: “1. No more than three employees may work at the site of the business other than family members who reside in the dwelling.
“2. No alteration to the dwelling unit shall indicate from the exterior that the home is being utilized for purpose other than a residential unit. “3. No commercial activity shall occupy more than one accessory building with total square footage less than 5,000 square feet.
“4. The home occupation may be conducted in an assessor structure located on the same property as the owner’s principal dwelling. This accessory structure shall be less than 5,000 square feet. No proposed use shall occupy more than one accessory building. Any home occupation that utilities an accessory building shall have a minimum of five acres. Accessory buildings shall be set back 75 feet from adjacent residential or agricultural lots and at least 150 feet from an existing adjacent residence.
“5. Accessory buildings used for home occupations shall be suitably screened from view from the road and adjacent residential and agricultural lots. This may be a decorative fence or year-round vegetation or a combination of both.
“6. No outdoor storage and/or display of merchandise shall be permitted. However, auto/light truck, motorcycle and farm equipment repair home occupations may build a fully screen (360 degrees) storage area for equipment awaiting repair. This area may be no larger than one half the size of the accessory building used for the home occupation. This area shall not be used for vehicles used for parts or other salvage equipment. No outdoor storage of inoperable vehicles for more than 30 days.
“7. Retail sales shall be prohibited except for the retail sales of products, goods, or services produced on the premises as a result of the home occupation.
“8. All parking (loading/ unloading) associated with the conduct of the home occupation shall be off road. Ample area shall be provided on the site for these activities.
“ 9. All deliveries and business must be done during normal business hours from 7 a.m. until 5 p.m. Mondays through Fridays to minimize disruption to the surrounding property owners.
“10. Any proposed sign shall be limited to one ground, graphic sign and no more than 5 feet in height and 20 square feet and must be setback a minimum of 8 feet from the right-of-way.
“11. A general site plan (layout) of the applicant’s property showing the location of the dwelling, driveway, parking area, accessory buildings, landscaping, etc., shall be submitted with the application. “When questions arise regarding the legality of specific home occupation, or if a previously permitted home occupation creates a potential nuisance or problems to the surrounding area, the Lincoln County Board of Zoning Appeals shall determine whether said home occupation meets the conditions set forth in this section — Uses Permitted as a Home Occupation in an Accessory Structure.”
District 2 Commissioner Terri Rogers made a motion to set the public hearing during last Tuesday’s meeting and it was seconded by District 7 Commissioner Ricky Bryant. With all 24 commissioners present at the meeting, the call for a public hearing was unanimously approved.



