A. Permitted Home Occupation: Any permitted home occupation, as defined in this chapter, shall be a permitted accessory use without requiring the issuance of a city license provided they comply with the performance standards of subsections 1600.4A and B of this chapter.
B. Special Home Occupation: Any home occupation which does not meet the specific requirements for a permitted home occupation, as defined in this chapter, shall require a special home occupation license. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee as established in section 3-1-3 of the city code. If the administrator denies a special home occupation license to an applicant, the applicant may appeal the decision to the city council, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license.
C. Declaration Of Conditions: The zoning administrator may impose such conditions of the granting of a special home occupation license as may be necessary to carry out the purpose and provisions of this chapter.
D. Effect Of License: A special home occupation license may be issued for a period of one year, after which the license may be renewed for periods of up to three (3) years each. Each application for license renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation license.
E. Lapse Of Special Home Occupation License By Nonuse: Whenever, within one year after granting a license, the use as permitted by the license shall not have been initiated, then such license shall become null and void unless a petition for extension of time in which to complete the work has been granted by the council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original license. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the planning commission for a recommendation and to the council for a decision.
F. Reconsideration: Whenever an application for a license has been considered and denied by the council, a similar application for a license affecting substantially the same property shall not be considered again by the planning commission or council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four- fifths (4/5) vote of the entire city council.
G. Reiteration Of License: An applicant shall not have a vested right to a license renewal by reason of having obtained a previous license. In applying for and accepting a license, the license holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the license and that a license renewal will not be needed to amortize the investment. Each application for the renewal of a license will be reviewed without taking into consideration that a previous license has been granted. The previous granting or renewal of a license shall not constitute a precedent or basis for the renewal of a license. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2014-03, 2-3-2014; Ord. 2017-01, 1-3-2017)