A. Purpose: The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact ("permitted home occupations") and those which have potential for adverse effects upon surrounding areas ("interim home occupations").
B. Interpretation: Subject to the nonconforming use provisions of this title, all home occupations, as defined in section 11-2-2 of this title, shall be further defined to distinguish permitted home occupations from interim home occupations. Accordingly, all home occupations which satisfy the permitted home occupation criteria shall be considered a permitted accessory use in all residential zoning districts. Home occupations which are not specifically prohibited and fail to satisfy the permitted home occupation criteria shall require an interim use permit, as provided in this section.
C. Prohibited Home Occupations: The following uses have a tendency to be too intense or potentially disruptive for home occupations and thereby adversely affect residential areas. The following uses are specifically prohibited as home occupations:
Manufacturing.
Repair services which produce objectionable light, glare, noise or vibration including, but not limited to, auto repair, appliance repair and small engine repair.
Teaching or instruction which customarily consists of more than two (2) nonfamily pupils at a time.
D. General Home Occupation Requirements: The following requirements shall apply to all home occupations (both permitted and interim):
1. No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
3. The home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in an incompatibility or disturbance to surrounding residential uses.
4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.
5. There shall be no exterior storage of equipment or materials used in the home occupation; except, that personal automobiles used in the home occupation may be parked on the site.
6. The home occupation shall meet all applicable building and fire codes.
7. No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. in the evening and seven o'clock (7:00) A.M. in the morning.
8. All home occupations shall comply with the provisions of the city nuisance ordinances.
E. Permitted Home Occupation Requirements: In addition to the requirements of subsection D of this section, the following additional requirements shall apply to all permitted home occupations:
1. There shall be no exterior display or signs which are visible from outside the building.
2. No persons other than those who customarily reside on the premises shall be employed.
3. The operation of any wholesale or retail business shall not be permitted unless:
a. It is conducted entirely by telephone, mail or electronic medium.
b. The merchandise is stored elsewhere than on the premises.
c. The business operation does not include the sale of equipment or delivery of merchandise to the premises.
d. Customers do not come to the home for any part of the transaction.
4. The home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in attached garages or accessory structures, unless conducted within an approved accessory dwelling unit. No more than twenty five percent (25%) of the gross floor area of the principal dwelling shall be used for the home occupation.
5. The home occupation shall not create a parking demand of more than two (2) vehicles at one time.
6. The home occupation shall not create a demand for on street parking. All parking associated with the home occupation shall be off street and shall be accommodated within the garage and the existing driveway area.
7. In no case shall the home occupation create a need for an additional driveway access to the property.
F. Interim Use Home Occupation Requirements: Home occupations which are not specifically prohibited by subsection C of this section and fail to satisfy the permitted home occupation criteria of subsection E of this section shall require an interim use permit and shall comply with the following requirements:
1. The conditions of subsection D of this section shall be satisfied.
2. No more than one person other than those who customarily reside on the premises shall be employed.
3. Teaching or instruction activities shall not consist of more than two (2) nonfamily pupils at a time.
4. All activity on the premises associated with the home occupation shall not cause any adverse changes to the residential character of the neighborhood.
5. Any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.
6. Any interior changes necessary to conduct the home occupation shall comply with all building, electrical, mechanical and fire codes governing the use in a residential occupancy.
7. Traffic generated by the home occupation shall involve vehicle types and volumes that are typically associated with single-family residences, and such traffic shall not constitute a nuisance or safety hazard.
8. Signs associated with the interim home occupation shall be in accordance with chapter 12 of this title.
G. Nonconforming Uses: Existing home occupations lawfully existing on the effective date hereof may continue as nonconforming uses. Any existing home occupation that is discontinued for a period of more than thirty (30) days or is in violation of the provisions under which it was initially established shall be brought into conformity with the provisions of this section.
H. Inspections: The city hereby reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (Ord. 5, 12-14-2006; amd. Ord. 222 1-14-2021)