(a) Statement of Purpose. It is the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. The standards for home occupations in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental statue in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.
(b) Definitions. A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit, and where no persons are employed other than the resident and domestic help. The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, construction, alteration, or electrical or mechanical equipment used shall not change the fire rating of the structure or the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, telephone, or garbage) so that the combined total use for dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighborhood. When a use is a home occupation, it means the owner, lessee, or other persons who have a legal right to use the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions which are applied in this Zoning Code.
(c) Necessary Conditions. Home occupations are permitted accessory uses in residential zones only as long as all the following conditions are observed:
(1) Such occupation shall be conducted solely by resident occupants in their residence.
(2) No more than one room or twenty-five percent (25%) of the gross area of one floor of said residence, whichever is less, shall be used for such purpose. Use of accessory buildings for these purposes is prohibited.
(3) No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.
(4) No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for dwelling and home occupation proposed exceeds the average for residences in the neighborhood.
(5) There shall be no outside storage of any kind related to no more than one additional vehicle at a time.
(6) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.
(7) No use shall create noise, dust, vibration, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(d) Nameplate Allowed. Only one nameplate shall be allowed. It may display the names of the occupant and/or the name of the home occupation (e.g. John Jones, Realtor). It shall not exceed four (4) square feet in area, shall be non-illuminated, and attached flat to the main structure or visible through a window. The limitation of one nameplate is intended to apply to all lots, including corner lots. No signs are permitted in the yard area.
(e) Permitted Home Occupations. Home occupations include, but are not necessarily limited to, the following:
(1) Artists and sculptors;
(2) Authors and composers;
(3) Dressmakers, seamstresses, and tailors;
(4) Family day care home, limited to not more than five children;
(5) Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;
(6) Office facility of a minister, rabbi, or priest;
(7) Office facility of a salesman, sales representative, or manufacturer’s representative, provided that no retail or wholesale transactions are made on the premises;
(8) Office facility of an architect, artist, broker, dentist, physician, engineer, instruction in arts and crafts, insurance agent, land surveyor, lawyer, musician, or real estate agent;
(9) The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient;
(10) Bakers and caterers where food is prepared but not served on site;
(11) Single chair beauty or barber shops where the operator resides at the residence;
(12) Computer operations where the residents can conduct their work at home and not at a place of business; and
(13) All other home occupations as permitted by the Planning Commission.
(f) Home Occupations Not Permitted. Permitted home occupations shall not in any event be deemed to include the following:
(1) Antique Shop, unless specifically allowed as a conditional use;
(2) Barbershop or beauty shop, consisting of more than one chair;
(3) Funeral chapel or funeral home;
(4) Gift shop;
(5) Medical or dental clinic or hospital;
(6) Renting of trailers;
(7) Animal hospitals;
(8) Dancing schools;
(9) Nursery schools;
(10) Private clubs;
(11) Auto repair shops; and
(12) Repair shops or service establishments except the repair of electrical appliances, typewriters, cameras, computers, or other similar small items.
(g) Home Occupation Permit. The Zoning Administrator shall require a permit as set forth in this section.
(1) The Zoning Administrator shall review all applications for appropriateness before a permit is issued.
(2) The Zoning Administrator may establish other requirements as necessary under each individual proposed use.
(3) A change in said ownership shall nullify the-Home Occupation Permit.
(4) If the home occupation is not listed as a permitted use in this section, the Planning Commission shall determine if such use would be permitted as a home occupation. (Ord. 99-2. Passed 3-1-99.)