Commission Approves Acupuncture as Home Business

By Gene Williams
Staff Writer

October 7 -- Acupuncturists will have more places to stick their needles under a new interpretation of City rules that allow some professionals to work out of their homes.

In a narrow 4 to 1 vote, the Planning Commission Wednesday night reversed a zoning administrator’s decision which denied a home occupation permit to Julie Chambers, a licensed acupuncturist who wants to see clients at her residence at 735 Navy Street.

Ms. Chambers’ request was initially turned down in November 2004 by Planning Staff citing a zoning ordinance that expressly prohibits home “medical offices, clinics and laboratories.”

But the commissioners took a different view, saying that Chambers’ prickly profession fits into exceptions to the rule that allow “psychologists, speech therapists and other professionals” to practice in their homes on a limited basis.

Siding with the acupuncturist’s lawyers who say their client’s plans won’t pose any hazards or inconvenience to neighbors, the commission decided that staff’s interpretation of the home occupation ordinance was too narrow.

Their opinion was formalized Wednesday night when the commission passed a motion stating that acupuncturists are not precluded under the ordinance.

The motion passed with only the necessary four votes. Commissioner Darrell Clarke cast the one dissenting vote. Commissioners Gwynne Pugh and Barbara Brown were absent.

But don’t expect to see thriving acupuncture offices popping up all over the neighborhood.

Those who provide counseling or therapy in their homes can only see one client at a time and no more than six clients in a day.

In addition, everyone who works out of their home must abide by 18 guidelines that preclude the dwelling from full commercial use. Below are some of those rules:

• Only residents are allowed to work in the house; this excludes employees other than babysitters and domestic staff.
• Delivery trucks are prohibited except for “reasonable courier services” and three-quarter ton pickup trucks.
• The home business cannot generate excessive traffic or excessive utility use.
• Parking for the business must be provided.
• No storage of non-household materials.
• No signs or advertising.
• No sales or displays of goods on the premises.

Not everyone can get a permit to work out of their house. Prohibited occupations include:

• Veterinarians and dog groomers
• Car mechanics
• Barbers and beauticians
• Carpenters and cabinet makers
• Gun dealers
• Masseuses
• Welders and machine operators
• Also, no dancing schools, exercise studios, junk yards and storage of construction materials or equipment are allowed.

Unless an appeal is made to the Planning Commission’s action, the new interpretation of the Home Occupation Permit ordinance will take effect October 20.