An existing home based business that has been operating prior to the adoption date hereof shall be required to make in person contact with the city within one hundred twenty (120) days of the adoption date hereof to determine qualifying status of the home based business. Holders of a current business license within the residential zoning district obtained under ordinance 81 of the city shall not expand their operation without meeting the current municipal code regulations.
Home based businesses that were in existence prior to the repeal of the original home occupation ordinance (March 2, 1989) shall be considered legal nonconforming and will be allowed to continue operating under this chapter. The legal nonconforming businesses shall provide proof of existence of the business prior to March 2, 1989, and shall also provide proof of continuous operation from March 2, 1989, up until the adoption of this chapter. The legal nonconforming home based business shall not be allowed to expand their operation. Once the proof of existence has been established, a permit shall be granted by the city. Yearly renewals of the permit shall be required.
Any expansion of the legal, nonconforming home based business will constitute a substantial change and the property owner or resident shall be required to meet the current requirements of this chapter.
Home based business that existed prior to the adoption date hereof that do not meet the criteria for legal nonconforming or a home based business permit shall be required to apply for a special use permit within one hundred twenty (120) days of the adoption date hereof. Failure to contact the city and apply for a permit shall be deemed to be abandonment of any right to operate the nonconforming home based business. (Ord. 180, 12-1-2005)