16-7-1-2: PERMITTED HOME BASED BUSINESS USES:

The following are permitted as home based businesses, provided such professional, business, or office activities are conducted in a manner that is clearly accessory and incidental to the residential use of the premises:

Adult day services (not including licensed adult daycare).

Art studio.

Cake decorating.

Ceramics.

Childcare (not including licensed childcare center).

Computer programming.

Consultant services.

Dressmaking, sewing and tailoring.

Film processing.

Home cooking and preserving.

Home crafts.

Home office.

Home products distributors.

Income tax preparations.

Insurance salespersons.

Mailing services.

Online business.

Painting, sculpting and writing.

Teaching or tutoring limited to four (4) persons at one time.

Telephone answering.

Typist/stenographer. (Ord. 52-09, 10-19-2009)

16-7-1-3: PROHIBITED HOME BASED BUSINESS USES:

The following uses shall be specifically prohibited as home based businesses:

Antique/furniture refinishing for resale on the premises or as a service for the general public.

Automobile repair, except that an individual residing on the premises may service such individual's own vehicle, providing that the provisions of section 16-7-1-1 of this chapter are met and that no repairs shall take place between the hours of nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M.

Barber and beauty shops.

Contractor's shop.

Recycling or salvage operations.

Small engine repair.

Welding services. (Ord. 52-09, 10-19-2009)

16-7-1-4: HOME BASED BUSINESSES AS CONDITIONAL USES:

Any proposed home based businesses not specifically prohibited or that employ up to two (2) people who do not reside within the home herein shall be considered a conditional use and be granted or denied by the zoning board of adjustment upon finding that the proposed home based business can meet the provisions of this section 16-7-1. (Ord. 52-09, 10-19-2009)

16-7-2: TOWERS AND ANTENNAS:

The communications act of 1934, as amended by the telecommunications act of 1996 (act) grants the FCC exclusive jurisdiction over certain aspects of telecommunication services. This section 16-7-2 is intended to regulate towers, telecommunications facilities and antennas in the city in conformance with the act without prohibiting or tending to prohibit any person from providing wireless telecommunication service. (Ord. 52-09, 10-19-2009)

16-7-2-1: DEFINITIONS:

All terms in this section which are not specifically defined herein shall be construed in accordance with the communications act of 1934, the telecommunications act of 1996 and the rules and regulations of the FCC. As used in this section 16-7-2, the following terms shall have the following meanings:

ANSI: American National Standards Institute.

ACCESSORY FACILITY OR STRUCTURE: An accessory facility or structure serving or being used in conjunction with an antenna, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, storage sheds or cabinets.

ANTENNA: Any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

ANTENNA ARRAY: A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider.

ANTENNA SUPPORT STRUCTURE: Any structure other than a communications tower which can be used for supporting an antenna or antenna array attached to a host structure which does not extend more than thirty feet (30') above the highest point of the host structure.

COMMUNICATIONS TOWER: Any ground mounted structure that is designed, constructed and used for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers.

FAA: Federal aviation administration.

FCC: Federal communications commission.

HEIGHT: When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.

SATELLITE DISH ANTENNA: An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.

STEALTH CONSTRUCTION: Any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees.

SUPPORT FACILITIES: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

TELECOMMUNICATIONS: The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

TOWER HEIGHT: The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. (Ord. 52-09, 10-19-2009)