The Lincoln County Commission voted not to pass a proposed zoning amendment concerning “Home Occupation in an Accessory Structure” with standards to the Lincoln County Zoning Resolution during last Tuesday’s meeting. The proposed zoning was part of File# ZR 2026-3. A report was created by Lincoln County Planning and Zoning on April 2,2026, and was recommended for approval by the Lincoln County Planning Commission on April 6, 2026.

During the April meeting, Lincoln County Planner Traci Perkins said the amendment would add 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.”

If the resolution would have passed, the 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 also included 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 also read, “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.”

During last Tuesday’s meeting, Perkins said the resolution would add that homeowners could have a “home occupation” in an accessory structure on the property rather than just in the home. She said there are a lot of stipulations and standards in the resolution such as the home would need to be situated on a minimum of five acres, only family members who reside on the property could work there other than an additional three employees and only one building could be used, among others.

During the public hearing held before the regular commission meeting, there were no questions or statements from the public. However, some commissioners did ask questions.

A motion was made to pass the resolution by District 1 Commissioner David Sanders and it was seconded by District 1 Commissioner Danny Walker.

Before the final vote, District 7 Commissioner Ricky Bryant asked, “What about businesses that exist? Will they be grandfathered into this?”

“No, sir,” Perkins said. “There’s been no talk of that. Nobody brought it up.” She said it’s something they should explore as the planning commission.

“If they’re operating now, they may have been grandfathered in before we had planning and zoning,” Lincoln County Mayor Bill Newman said.

“The ones that are already there just exist as they are, but anything new would have to do this,” Perkins said.

“So a yes vote tonight — without knowing the answer to that question for sure — is going to mean they’re going to have to apply,” Bryant said.

“Basically the ones in existence should not have to reapply because they are already there,” Perkins said. “They already have a business license. They’ve already been approved. But the new ones are going to have to meet this. Anything that applies for anything new?”

“So, then they’re grandfathered in, right?” District 3 Commissioner Kate Guin asked.

“The ones that already exist, but they’re grandfathered now. I mean, they’re already there,” Perkins said.

District 4 Commissioner Charles Hunter said, “I would add to what Traci is saying if they’re operating legally, they would be grandfathered. If they don’t have a business license, have the proper procedures, they’re not considered.”

Bryant asked if someone is 50 feet from a residence and are grandfathered in are they still good being they’re not 150 feet from the residence?

“If they’re operating legally like Charles said,” Perkins said.

“I think we’re on a slippery slope until we get a definition there,” Bryant said.

District 6 Commissioner Tori Young said she was concerned about the amount of businesses listed. “I’m sure there are a lot more,” she said. “What is the process if we need to add more? I don’t feel like we’re ready yet.”

Perkins said there were a lot more that could be considered that were not on the list. “So, it would take honestly another zoning resolution amendment … to add anything else and that’s going back through this process again. It’s a time-consuming process.”

The motion failed with 12 commissioners voting yes and 11 voting no. District 1 Commissioner Brandon Kolle, Sanders, Walker, District 2 Commissioner John Creson, District 3 Commissioner Jack Atchley, District 3 Commissioner Mark Mitchell, District 5 Commissioner Daniel Eldridge, District 5 Commissioner Anthony Taylor, District 6 Commissioner Doug Cunningham, District 6 Commissioner Pat Haynes, District 8 Commissioner Troy Frassrand and District 8 Commissioner Jennie Roles-Walter voting yes. The remaining commissioners voted no with District 7 Steve Guntherberg absent from the meeting.

More from the meeting will appear in an upcoming edition of the Times.