A. Purpose: This Section is intended to accommodate the desire of owners or occupants of residential dwelling units to operate accessory home occupations within their residences while mitigating the impacts on neighboring residents and ensuring that there are no substantial adverse effects on the residential character of the residential zone district.
B. Applicability:
1. All Home Occupations shall comply with the standards pursuant to Subsection 7.3.304I (Home Occupation, Accessory).
2. A Home Occupation Permit shall be obtained prior to the establishment of a home occupation that:
a. Has customers who enter upon the property;
b. Generates excessive traffic; or
c. Requires a Federal or State license or permit to operate, including the production or sale of firearms or ammunition.
C. Home Occupation Permit Process:
1. Manager's Decision:
a. The Manager shall review the Home Occupation Permit application and approve, approve with conditions, or deny the petition in accordance with Subsection 7.5.407D.1 (Manager), the standards applicable to home occupations in Subsection 7.3.304I (Home Occupation, Accessory), and the review criteria in Section 7.5.409 (General Criteria for Approval).
b. Only a denied Home Occupation Permit may be appealed to the Planning Commission.
2. Post-Decision Actions and Limitations: The Manager's decision on a Home Occupation Permit application is subject to the following:
a. Change in Operation: If any of the following occur after the approval of a Home Occupation Permit, the applicant shall submit a new application indicating the new or altered home occupation use, and the Manager shall review and make a decision on that home occupation in compliance with the standards applicable to home occupations in Subsection 7.3.304I (Home Occupation, Accessory):
(1) Any change in the approved home occupation's operation, including but not limited to expansion of the approved use;
(2) Any change in the approved home occupation's scope of business; or
(3) Any change to a permitted home occupation use that differs from the home occupation use that was originally established.
b. Expiration:
(1) A Home Occupation Permit does not run with the property but is issued to the specific owner of the property in a specific location. The permit shall expire upon sale or transfer of the property.
(2) In the event of a sale or transfer of the property, if the property owner is relocating within the City and choosing to continue operations, a new Home Occupation Permit for the new location is required. (Ord. 23-03)