The intent of this section is to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the residential character of the surrounding neighborhood by the following requirements:
(A) A home occupation permit may be granted by the Department of Public Works within a single-family residential dwelling unit when a home occupations application, provided on forms furnished by the city, has been submitted subject to all of the following conditions and provided all of such conditions are agreed to by the applicant.
(1) No person other than members of the family residing on the premises shall be engaged in such occupation. Non-resident persons shall not be employed.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purposes of the home occupation and the home occupation shall be carried out completely within such dwelling. No accessory building (attached or detached) shall be used in the home occupation.
(3) There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign that shall comply with requirements at Chapter 153;
(4) No home occupation shall be conducted upon or from the premises, which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, smoke, fumes, odor, vibrations or electrical disturbances. There shall be no discharge of polluting materials, fluids, or gases into the ground or surface water, soil or atmosphere.
(5) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street parking area, located in other than in a required front or side yard setback area. There shall be no deliveries to or from a home occupation with a vehicle with a rated capacity of greater than 1 ton.
(6) There shall be no sale of any goods manufactured elsewhere in connection with such home occupation. The outdoor storage of goods and materials shall be prohibited. No interior displays shall be visible from the exterior of a dwelling unit used for the purposes of a home occupation.
(7) The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.
(8) No more than 1 home occupation per dwelling unit shall be permitted.
(9) No home occupation may be carried out without a valid permit issued by the Building Official. Home occupation permits shall be reviewed and obtained annually. Fees for any required reviews, public hearings and permits shall be established by resolution of the City Council.
(B) When in the opinion of the Zoning Administrator any proposed or existing home occupation that will not or does not currently comply with the specific items as listed in division (A) above, a home occupation application or renewal shall be submitted for review and approval through the City Planning Commission for a Special Use Permit. Home occupations reviewed and approved by the Planning Commission would be subject to compliance with the additional divisions below. The Planning Commission shall conduct a public hearing in compliance with the city's public hearing notification requirements for a Special Use Permit prior to approving or renewing a home occupation permit.
(1) No persons other than family members of the family residing on the premises, or up to 3 non-family members not residing on the premises, shall be engaged in such home occupation.
(2) No more than 2 home occupations per dwelling unit shall be permitted.
(3) The use of an attached or detached accessory structure shall be limited to 30% of the total first floor area of the dwelling unit exclusive of attached garages, breezeways and enclosed or unenclosed porches.
(4) There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign that shall comply with requirements at Chapter 153;
(5) Home occupations approved for a Special Use Permit by the Planning Commission shall be renewed annually through the Building Department. In the event that complaints have been received by the Building Department on a home occupation, the Building Official may require an additional public hearing prior to renewal consideration by the Planning Commission. Fees for any required reviews, public hearings and permits shall be established by resolution of the City Council.
(C) (1) All home occupation permits administratively approved and issued by the Zoning Administrator under division (A) above shall be forwarded to the Planning Commission within 30 days of the date of issuance. When in the opinion of the Planning Commission a home occupation may not be in compliance with the requirements of division (A), as issued by the Zoning Administrator, the Planning Commission, by a majority vote, may require that the licensee appear at the next regular scheduled meeting of the Planning Commission to address any concerns.
(2) After the hearing set forth in division (C) (1) above, if the Planning Commission concludes the licensee cannot, or will not, comply with all of the requirements of division (A) above, the Planning Commission may revoke an administratively approved home occupation permit.
(D) Home occupation approved for a Special Use Permit by the Planning Commission may be revoked by the Planning Commission after notice to the licensee at least 15 days prior to a hearing by the Planning Commission called to consider the revocation of the permit.