§ 29-139. Home occupations.

(a)

Definitions.

No-impact home occupation businesses: No-impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, do not require a permit and are permitted in all residential zones. No-impact home occupations do not have customers coming to the home and no one who does not live in the home engages in the on-premises activities of the home occupation.

Minor impact home occupation businesses: Minor impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, require approval by the zoning administrator and may be permitted in all residential zones. Minor impact home occupations may have a limited number of customers coming to the home as set forth in this ordinance so long as the activity of the business does not have a major impact on the residential neighborhood where they operate, however, no one who does not live in the home may engage in the on-premises activities of the minor home occupation.

Major impact home occupation businesses: Major impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, require a conditional use permit and planning commission approval in accordance with this ordinance. Major impact home occupations are those home occupations listed as no impact and minor impact home occupations, however, applicants for major impact home occupations may request that up to two (2) nonresident employees be permitted to engage on-premises in the subject business and/or applicants may request an increase in the number of customers/clients who can be seen at the home occupation location. Applications for major impact home occupations may be accepted for all residential zones, however, after a public hearing, the planning commission may approve, deny, modify, of place conditions on the requested major impact home occupation.

(b)

Home occupations permitted in residential neighborhoods and districts:

(1)

No-impact home occupation businesses, as defined herein, may operate in any residential districts and neighborhoods without necessity of permit, subject to the limitations and conditions set forth herein.

(2)

Minor impact home occupation businesses, as defined herein, may operate in residential districts and neighborhoods with a zoning permit but do not require a conditional use permit or Planning Commission approval, subject to the limitations and conditions set forth herein.

(3)

Major impact home occupation businesses, as defined herein require a conditional use permit and planning commission approval to operate or continue operation, subject to the limitations and conditions set forth herein.

(b)

Performance standards:

(1)

The use of the dwelling as a home occupation location must be clearly incidental and subordinate to its use for residential purposes.

(2)

No person other than those residing on the premises shall be engaged in on-premise activities of the home occupation unless a conditional use permit for a major impact home occupation is granted by the planning commission. "Residing on the premises", when stated in this ordinance, means that the residence in which the home occupation is to be conducted is the permanent domicile of any person engaging in the home occupation activity;

(3)

A home occupation which is authorized to receive patrons, students, or any business-related individuals at the home occupation location may only do so between the hours of 8:00 a.m. and 8:00 p.m.;

(4)

Number of home occupations that may be permitted in a single dwelling unit, subject to the limitations and conditions set forth herein:

a.

Two (2) no-impact home occupations, or;

b.

One (1) minor-impact home occupation, or;

c.

One (1) major-impact home occupation, or;

d.

One (1) minor-impact home occupation and one (1) no-impact home occupation.

(5)

The home occupation(s) in totality must occupy no more than twenty-five (25) percent of the floor area of the residence or five hundred (500) square feet, whichever is less. Restrictions on the number of patrons, clients and those performing work in a dwelling unit shall apply to all home occupations within a dwelling unit and shall not be cumulative;

(6)

There shall be no exterior displays, no exterior storage of equipment or goods, including unlicensed equipment, materials, vehicles, or open lot storage;

(7)

Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of a multiple-family unit shall not be permitted;

(8)

Home occupations shall not require internal or external structural alterations of the principal residence that may change the outside appearance of the principle residence or change the residential character of the property;

(9)

No separate entrance from the outside of the building shall be added to the residence for the sole use of the home occupation;

(10)

Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customarily found in a residential area;

(11)

No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio, television receiver or telephone, which violates FCC standards, or which causes fluctuations in off-site line voltages;

(12)

No on-premises advertising for the home occupation shall be allowed with the exception of a non-illuminated sign no larger than one (1) square foot that is mounted flush against the home. Window areas must not purposely, intentionally, or unintentionally be used as display areas or to offer merchandise for sale;

(13)

All related business activities shall take place entirely within the residential dwelling or in an accessory structure that is normally associated with a residential use, unless the zoning administrator finds that business activity conducted outside the dwelling is similar to noncommercial activities normally associated with single-family residences;

(14)

No pedestrian or vehicular traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area;

(15)

No delivery truck shall operate out of a residential district as a function of the home occupation. A single delivery or business vehicle may be operated from a home occupation so long as it is limited to a maximum size of one (1) ton gross vehicle weight and so long as it is stored on its own paved parking pad located behind the front yard setback. Said vehicle cannot displace vehicles that normally would park in either of the two (2) paved parking spaces required for the residence;

(16)

No home occupation will be permitted which requires receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries;

(17)

No deliveries by semi-tractor/trailer truck are permitted;

(18)

All vehicles of customers or residents of the home occupation location must be parked in authorized parking locations on the lot where the home occupation is located;

(19)

The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising or storing animals that are capable of inflicting harm or discomfort or endangering the health and safety of any person or property;

(20)

Low-intensity (traffic generation, land use, noise, etc.) occupations, professions and business activities, and those uses or activities of a similar nature, as provided by the permitted home occupation uses in this section, may be permitted as home occupations in residential zoning district(s), subject to the conditions of these regulations and other applicable federal, state, or local laws;

(21)

A business license shall be obtained, if required by other ordinances;

(22)

This section does not permit the establishment and operation of home occupations without a permit unless they have been exempted from the requirements of permitting by this section.

(c)

No-impact home occupation businesses: The following home occupations do not require a zoning permit so long as the activity of the business has no impact on the residential neighborhood where it operates, does not invite business customers to or receive customers at the home occupation location, and no person other than those residing on the premises shall be engaged in on-premise activities of the home occupation:

(1)

Artists;

(2)

Composers;

(3)

Writers;

(4)

Photography studio;

(5)

Home crafts, such as jewelry making, model making, rug weaving, woodworking, and ceramics (with a kiln up to six (6) cubic feet), where sales of homemade items occur at locations other than the home occupation location;

(6)

Musical instrument teacher for not more than two (2) students at a time where instruments are not amplified;

(7)

Dance or aerobics instructor for not more than two (2) students at a time;

(8)

Art and craft instruction for not more than two (2) students at a time;

(9)

Educational tutoring for not more than two (2) students at a time;

(10)

Persons who conduct the home occupation entirely on a telephone or personal computer and do not invite business customers to or receive customers at the home occupation location, including telephone answering service, telephone reception for a mobile business, and mail order or telephone order business where no merchandise is delivered to or from the home occupation location;

(11)

"Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence provided all physical contact between the business and the employee occurs at the place of business and not the residence and so long as the "work at home" activity conforms to all other requirements of this section.

(12)

Sale of personal goods and services, such as cosmetics and kitchenware away from the residence, and which does not invite customers to or receive customers at the home occupation location and which does not have storage of equipment, goods, or supplies outside the home occupation residential dwelling; or

(13)

Any other activities similar to one (1) of the above categories.

(d)

Minor impact home occupation businesses: The following home occupations require a zoning permit but do not require a conditional use permit and planning commission approval so long as the activity of the business does not have a major impact on the residential neighborhood where they operate and no person other than those residing on the premises shall be engaged in on-premise activities of the home occupation:

(1)

Musical instrument (non-amplified) teacher for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(2)

Dance or aerobics instructor for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(3)

Educational tutoring for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(4)

Art and craft instruction for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(5)

Designer/decorator who does not see more than one (1) customer at a time at the home occupation location, limited to five (5) customers daily;

(6)

Personal sewing, clothing alterations, and dressmaking if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(7)

Washing and ironing if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(8)

Window covering sewing if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(9)

Fitting of prostheses, if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(10)

Small bookkeeping, typing, or computer programming service if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(11)

Babysitters for no more than five (5) children, including the children of the babysitter;

(12)

Professional offices, such as accountants, appraisers, architects, attorneys, contractors, engineers, financial planners, consultants, and real estate representatives, who see no more than one (1) customer at a time at the home occupation location, limited to five (5) customers daily;

(13)

Maintenance/handyman/janitorial service, contractor, and lawn care service, provided there is no outside storage of equipment or supplies. A single business vehicle may be operated from the home occupation location so long as it is limited to a maximum size of one (1) ton gross vehicle weight and so long as it is stored on its own paved parking pad located behind the front yard setback. Said vehicle cannot displace vehicles that normally would park in either of the two (2) paved parking spaces required for the residence;

(14)

Any other activities similar to one (1) of the above categories.

(e)

Major impact home occupation businesses:

(1)

The home occupations listed in [subsections] (c) and (d) of this section are considered major impact home occupation businesses when persons other than those residing on the premises shall be engaged in on-premise activities of the home occupation and/or when the number of single and daily customers allowed under a lesser home occupation is requested to be increased.

(2)

A major impact home occupation requires a conditional use permit and planning commission approval, and the planning commission may after a public hearing, permit the home occupation where it is deemed to be essential or desirable to the public convenience or welfare. The planning commission may place conditions on the permit so as to reduce the impact of the home occupation on the neighborhood. These conditions can include but are not limited to screening, off-street parking, and access to the property.

(3)

The planning commission shall not permit the on-premise employment of more than two (2) persons who do not reside at the residence.

(4)

The planning commission may permit the proprietor to increase the number of single and daily customers allowed under minor impact home occupations if it is found that said increase will not have a negative impact on the neighborhood.

(5)

The planning commission may not permit any home occupation as a major impact home occupation that is not permitted under these regulations.

(f)

The following activities shall not be permitted as home occupations in accordance with this section: dentists and medical doctor offices; beautician or barber shops; manicure and pedicure shops; massage therapy; massage parlors; fortune telling; health and exercise facilities; palm reading; tattoo parlors; recording studios; any repair of motorized vehicles including the painting or repair of automobiles, trucks, trailers, boats, motorcycles, all-terrain vehicles, and lawn equipment; tow truck service; veterinary offices; pet grooming; kennels; stables; bird keeping facilities; animal training; dancing schools; music schools; child care facilities for over five (5) children; restaurants; catering/food preparation businesses; property management; funeral chapels or homes; crematoria; mausoleums; the sale of firearms or ammunition; construction businesses or landscaping businesses that provide the storage of goods and materials to be utilized in the operation of the business or use; warehousing; vehicle sales, leases, or parts sales; welding or machine shops; retail sales not specifically allowed above; boarding houses unless otherwise permitted in a residential zone; cabinetry, mechanical repair or modification, fabrication, treatment or assembly of goods, the process of which requires intensive use, of equipment, machinery, raw materials or component parts (e.g. welding, construction or assembly of cabinets or furniture, treatment of steel or the finishing of wood); and any other type of business that would change the residential character of the neighborhood if permitted to operate.

(g)

Conditions of zoning permit or conditional use permit; revocation of permit:

(1)

Any permit issued for a home occupation is valid only for the person who applied for the permit, the use applied for, and the location applied for. The home occupation permit is not transferable to a subsequent buyer of the property or to another home occupation in the same residence. It is also not transferable to another location to which the applicant may move.

(2)

All minor impact home occupation permits are issued for an unlimited period. Major impact home occupation permits may also be issued for an unlimited period unless otherwise determined by the planning commission.

(3)

The planning commission, after a public hearing, may revoke a home occupation permit for the following reasons:

a.

Noncompliance with conditions set forth when the conditional use permit was granted;

b.

It is determined that the home occupation is adversely impacting the residential neighborhood by operation of the business; or

c.

For violation of any of the requirements of this section or any provision of city codes.

(4)

If a business license is required for the home occupation, a home occupation permit may also be revoked if the applicant has not renewed his/her business license at his/her approved location within ninety (90) days of the expiration of the business license.

(5)

If a home occupation permit is in danger of being revoked for any reason, the applicant must be given written notice at least ten (10) days prior to any action.

(Ord. No. 6368, § 1, 12-5-11)