(1) It shall be unlawful for any person to engage in a "home occupation" as defined in section 10-03-11 of this chapter, within the city, without first having received a home occupation permit therefor to be issued by the city planning and zoning department.
(2) Application for a home occupation permit shall be in writing, signed to and sworn by the resident and the property owner, upon application forms furnished by the city planning and zoning department.
(3) The initial permit fee imposed and collected shall be as set by city council. A home occupation permit shall not be transferable from one individual or property owner to another nor shall said permit be transferable from one site to another but shall be valid only for the site to which it was issued and the individual to whom it was issued. In the event of a change of site or change of individual, application for a new home occupation permit shall be required.
(4) Home occupation permit applications shall meet all of the following home occupation standards to be considered eligible for approval of issuance of a home occupation permit:
A. The home occupation is clearly incidental and secondary to the use of the dwelling. The only uses that may be allowed as a home occupation in any zoning district shall be those that are listed with footnote 2 as shown in section 10-02-02, table 1, "Land Use Schedule", of this article.
B. The home occupation is conducted within the dwelling and is carried on by the inhabitants of the dwelling. The inhabitants of the dwelling do not need to be the dwelling owners, but they must be occupying the dwelling. There may be one individual (paid or unpaid) allowed to participate in the operations of the home occupation, along with the dwelling inhabitant(s), who is not an inhabitant of the dwelling. No one else outside of the dwelling unit shall be allowed to participate in the operations of the home occupation other than the one individual described above.
C. No article shall be sold or offered for sale on the premises or property, except such as is produced by the inhabitant on the dwelling. Any illegal articles or goods sold or offered for sale on the premises such as stolen property or any form of contraband shall be strictly prohibited.
D. The home occupation shall not change the character of the dwelling or adversely affect the uses permitted in the zoning districts. No activity shall indicate from the exterior that the dwelling is being used in whole or in part for any purpose other than that of a dwelling. This includes any on street parking by any individual other than a current resident of the subject home as a result of the home occupation. No more than one home occupation is permitted per dwelling.
1. The delivering of supplies and loading or unloading of vehicles, pertinent to the home occupation, shall not take place between the hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M. The only exception is in the case of family/group daycare homes, preschools and daycare centers where children may be dropped off or picked up at any hour of the day or night.
E. The home occupation does not and shall not utilize any on street parking.
F. Not more than one-fourth (1/4) of the gross area of the dwelling shall be used, as a whole, for all home occupations contained within the dwelling, with the following stipulations:
1. Garages, whether detached or attached, shall not be included in the calculation of the gross area of the main floor, they shall not count as the one-fourth (1/4) area that may be used for the home occupation.
2. Bathrooms, hallways, and kitchens shall be included in the calculation of the gross area of the main floor of the dwelling and may be used by the home occupation. However, the use of bathrooms, hallways, and kitchens by the home occupation shall not count toward or against the one-fourth (1/4) allowed, usable gross area of the main floor.
G. All parking resulting from the operation of the home occupation shall be located on site of the dwelling in a designated parking area, such as a driveway; not on the public street or public street right-of-way or in the front yard or front yard setback area.
H. A nameplate sign that complies with section 10-02-06 of this article is permitted when attached to the dwelling.
I. Garages and/or accessory buildings may be occupied by a home occupation if they meet the following standards:
1. No more than fifty percent (50%) of the total gross area of the garage may be utilized for the home occupation.
2. No more than two hundred (200) square feet of total area of accessory structure(s) may be utilized for the home occupation.
J. Hazardous materials shall not be stored in any quantity exceeding a one day supply and shall comply with International Fire and Building Codes for residential occupancy.
K. There shall be no commodities sold, or services rendered, that require receipt and delivery of merchandise, goods, or equipment by anything other than a passenger vehicle or mail delivery vehicles.
L. There shall be no outdoor display of goods or outside storage of equipment or materials used in the home occupation.
M. Dimensions, power rating or weight of equipment and tools used in the conduct of the home occupation shall not exceed that of normal household equipment and tools.
N. The applicant shall be subject to a scheduled inspection by the planning and zoning department to verify compliance with requirements in this chapter, and the applicant shall pass said inspection, prior to issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.
O. An application requesting a home occupation permit shall be valid for sixty (60) days from the date of submittal to the planning and zoning department. If inspections are not completed and passed and a subsequent home occupation permit issued within the sixty (60) day time frame, the submitted application shall become null and void and another application will need to be submitted and applicable fees will need to be paid with the new application, as well as all new inspections and applicable background checks. Applications may be withdrawn by the applicant at any time during the process. A fifty percent (50%) refund of only the application fee shall be issued and only for applications withdrawn within ten (10) days of submittal. Inspection fees may be refunded provided no inspections have taken place prior to the withdrawal request.
(5) A home occupation permit shall be subject to scheduled or unscheduled random inspections at any time for compliance with all federal, state and city codes and regulations. A home occupation permit shall be revoked at any time, other than annual inspections, by the planning and zoning director or his/her authorized designee if it is determined that any condition of the home occupation or any other city laws, ordinances or statutes are being violated. Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a public hearing before the council to be conducted as per the process outlined in subsection 10-03-03(2) of this chapter; said hearing must be requested within seven (7) days of receipt of a notice of intent to revoke a home occupation permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing, as described above, will result in immediate revocation of the home occupation permit. See subsection (7) of this section for consequences of noncompliance found during annual inspections.
(6) In cases of violations of subsection (4)C of this section which prohibits any illegal articles or goods to be sold or offered for sale on the property such as stolen property or contraband, and/or where the person(s) has had revocation of a home occupation permit initiated based on a violation of subsection (4)C of this section, the city council may, at the request of the chief of police, invoke a civil penalty of up to two thousand dollars ($2,000.00); provided, the person(s) being assessed is given a hearing before the council concerning the facts of the case. Any fines derived from these penalties will be placed in a dedicated fund to be used to fund drug prevention programs.
(7) All home occupation permits, including those in existence prior to and upon the effective date hereof, shall be subject to scheduled or unscheduled inspections for compliance by the planning and zoning department. Permits shall be compliant with all federal, state and city codes and regulations in place at the time of inspection. Permits found to be noncompliant upon any inspection may be revoked by the planning and zoning director or his/her authorized designee if compliance is not accomplished within thirty (30) days of notification of noncompliance. The planning and zoning fee for the annual renewal of home occupation permits, as well as any applicable inspection fees, shall be paid upon submittal of the renewal application and shall be the amount set forth by city council through resolution.
(Ord. 2737, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2939, 10-21-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019)