(A) Intent and purpose. The conduct of certain types of business activity in residential units may be permitted under provisions of this section. It is, therefore, the intent of this section to:
(1) Ensure the compatibility of home occupations with other uses permitted in the residential districts;
(2) Maintain and preserve the character of residential neighborhoods; and
(3) Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.
(B) Definition. A HOME OCCUPATION means an accessory use of a dwelling unit for gainful employment which is:
(1) Clearly incidental and subordinate to the use of the dwelling unit as a residence;
(2) Carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling;
(3) Located in a residential zoned district;
(4) Is conducted clearly as a secondary use of the premises with no exterior evidence of a business being conducted from the premises; and
(5) Is conducted solely by the occupants of the dwelling unit.
(C) Permitted home occupations. The following uses shall generally be considered as allowable home occupations; provided, the requirements as set forth are in compliance:
(1) Dressmakers, seamstresses, tailors;
(2) Teachers/tutoring; provided that, instructions shall be limited to five students at a time;
(3) Artists, sculptors, authors and composers;
(4) Home crafts for sale off premises;
(5) Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions;
(6) Office facility for a salesperson, sales representative or manufacturer’s representative provided that no transactions are made in person on the premises;
(7) Telephone solicitation and answering service;
(8) Computer programming, typing and word processing services;
(9) Radio, television, phonograph and small appliance repair;
(10) Day care for up to three children; and
(11) Mail order business; provided, no merchandise shall be displayed on the premises.
(D) Prohibited home occupations.
(1) The following uses shall be generally prohibited as home occupations:
(a) Barber shops and beauty parlors;
(b) Animal hospitals and veterinary uses (including care, grooming or boarding);
(c) Funeral homes and mortuaries;
(d) Restaurants and cafés;
(e) Stables or kennels;
(f) Vehicle repair or maintenance for other than the personal convenience of and any vehicles owned or leased by the occupants;
(g) Antique stores and furniture sales;
(h) General contracting, carpentry, masonry, plumbing, painting or other related work;
(i) Medical or dental office and laboratory; and
(j) Retail sales of any type directly from the premises.
(2) Those uses that are generally considered as prohibited as home occupations may be permitted only as a variance authorized in accordance with provisions of § 162.026 of this chapter.
(E) General provisions/performance criteria. Any business use within a dwelling unit in a residential zoned district shall be permitted by right; provided, the following criteria are fully complied with.
(1) The use shall be conducted entirely within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.
(2) The home occupation is to be conducted only by members of the immediate family residing in the dwelling unit, and no others may be employed.
(3) There shall be no storage of equipment, vehicles or supplied associated with the home occupation outside the dwelling or accessory building on the premises.
(4) There shall be no display of products visible in any manner from outside of the dwelling unit.
(5) There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.
(6) The total area used for a home occupation shall not exceed 25% of the gross floor area of the dwelling or 300 square feet whichever is less.
(7) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
(8) A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated.
(9) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.
(10) There shall be no advertising, display or other indications of a home occupation on the premises besides one flush-mounted sign, not over two square feet in area. The sign may only show the name of occupant and type of occupation. The sign shall not be illuminated.
(11) There shall not be conducted on the premises the business of selling stocks of merchandise, supplied or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.
(F) Application requirements. An application for a home occupation permit shall be made to the Building and Zoning Office on forms provided by the Department which shall be completed and accompanied by appropriate fee as established by resolution of the City Council. The Department will render a decision and notify the applicant in writing within 15 calendar days of the date the application was received. In cases where the Department considers the application not within the scope of the home occupation criteria, the application shall be denied.
(G) Appeals. The decision of the Department concerning approval or revocation shall be final unless a written appeal is filed with the Zoning Board of Appeals in accordance with provisions of §§ 162.550 through 162.555 of this chapter.
(H) Inspections. Home occupation applicants shall permit a reasonable inspection of the premises by the Department to determine compliance with this chapter. Any home occupation that is found to be in non-compliance with provisions of this chapter shall be advised and permit be revoked.
(1960 Code, § 60-7-5) (Ord. 5326, passed 10-3-1994) Penalty, see § 162.999