10-7-6: HOME OCCUPATIONS AND COTTAGE INDUSTRIES:

   A.   Purpose:

      1.   To permit and regulate the conduct of home occupations as an accessory and secondary use to a dwelling unit, whether owner or renter occupied;

      2.   To ensure that such home occupations are compatible with and do not have a harmful effect on nearby residential properties and uses;

      3.   To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations;

      4.   To allow residents of the community to use their homes as a workplace and a source of livelihood, under certain specified standards, conditions and criteria;

      5.   To enable the fair and consistent enforcement of this section; and

      6.   To promote and protect the public health, safety and general welfare.

   B.   Compliance With Provisions: No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations, administrative procedures and standards set forth in this section.

   C.   Cottage Industries Designated: Home occupations that are more intensive shall be known as cottage industries and shall be permitted only in the A zoning district, subject to a conditional use permit as provided in subsection 10-4-3D of this title.

   D.   Standards For Home Occupations:

      1.   Home occupations are authorized if they comply with the performance standards set forth herein and the performance standard established in table 7-1 (subsection H of this section). Home occupations may only be operated by a full time resident of the property.

      2.   The home in which the occupation occurs shall look like a residential dwelling and not a business establishment. Cottage industries in the A zoning district may be located in an accessory building on the premises.

      3.   Signage shall comply with the provisions of chapter 10 of this title.

      4.   Noise levels from the home occupation, detectable at the property line, shall not exceed those generated by the primary use.

      5.   The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation.

      6.   Off street parking spaces shall be provided as required for the residential use, plus one space for each allowed employee and one space for each client allowed to visit at a given time.

      7.   Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted in residential dwellings.

   E.   Exemptions From Permit: The following home occupations shall be subject to all applicable home occupation regulations and standards of this section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met:

      1.   Artists, sculptors, composers not selling their artistic product to the public on the premises.

      2.   Craft work, such as jewelry making and pottery with no sales permitted on the premises.

      3.   Home offices with no client visits to the home permitted.

      4.   Telephone answering and message services without nonresident employees.

      5.   Childcare homes as defined in subsection 10-7-8B of this chapter.

   F.   Nonconforming Home Occupations: All existing home occupations which are either expressly prohibited or which are not in conformity with chapter 6 of this title shall be removed or modified to become conforming.

   G.   Unsafe Home Occupations: If, in the opinion of the building official, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the building official shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the building official may take any action to make the home occupation and dwelling safe. Costs incurred by the building official, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to chapter 3 of this title. (Ord. 03-O-9, 3-18-2003)

   H.   Performance Standards:

TABLE 7-1: HOME OCCUPATION PERFORMANCE STANDARDS

		Zoning District
Performance Standard		A	RE	R-1	R-2/R-2U	R-3/R-3U	R-4/R-4U	M
Location Of Operations
	Located in accessory structure	Yes	Yes	No	No	No	No	No
	Located in residence	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Customers
	Client visits allowed	Yes	Yes	Yes	Yes	No	No	No
	1 client vehicle at a time	Yes	Yes	Yes	Yes	No	No	No
	2 client vehicles at a time	Yes	Yes	No	No	No	No	No
	Up to 5 client visits per day	Yes	Yes	Yes	Yes	No	No	No
	Up to 10 client visit per day	Yes	Yes	No	No	No	No	No
Shipping Deliveries (excluding U.S. mail)
	Up to 2 per day	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Vehicular Size Limits
	Equipment or delivery vehicles limited to an 8 ton capacity	No	No	Yes	Yes	Yes	Yes	Yes
Maximum Area For Home Occupation
	25 percent of residential floor area	No	No	Yes	Yes	Yes	Yes	Yes
	Up to 2,500 square feet	Yes	Yes	No	No	No	No	No
Animals
	Small animal grooming/training, no boarding	Yes	Yes	No	No	No	No	No
	Small animal boarding	Yes	No	No	No	No	No	No
Nonresident Employee Limits
	All employees must be residents	No	No	Yes	Yes	Yes	Yes	Yes
	Up to 2 nonresident full time equivalents (FTE) allowed	Yes	Yes	No	No	No	No	No

 

Yes = provision applies in this district

No = home occupations not allowed under stated condition

(Ord. 03-O-9, 3-18-2003; amd. 2006 Code)