(A) 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. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, and a clearly secondary or incidental status in relation to the residential use of the main building.
(B) All zones except the Rural Area (RA) Zone.
(1) Generally. A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, and shall meet the following criteria:
(a) The home occupation shall be carried on by one or more persons, all of whom reside within the dwelling unit;
(b) No persons are employed other than residents or domestic help;
(c) 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;
(d) There shall be no outside storage of any kind;
(e) Any indoor storage, construction, alterations, 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;
(f) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time;
(g) The use shall not cause an increase in the use of one or more utilities (water, sewer, or garbage) so that the combined total use for dwelling and home occupation purposes of one or more utilities exceeds the average for residences in the neighborhood;
(h) The owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation after securing special permission to do so from the Zoning Administrator;
(i) The owner, lessee, or other persons who have legal right to the use of the dwelling shall be subject to all conditions set forth in this chapter, such as off-street parking, and to all other permits required by the city, such as building permits and business licenses, and is encouraged to check with city officials before establishing such home occupation.
(2) Necessary conditions. Home occupations are permitted accessory uses in residential use classifications only so long as all the following conditions are observed.
(a) The occupation shall be conducted solely by resident occupants in their residence.
(b) No more than one room including an attached garage or 25% of the gross area of one floor of the residence, whichever is less, shall be used for the purpose. Use of accessory buildings or garages for these purposes is prohibited.
(c) 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.
(d) No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, garbage, and the like) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
(e) There shall be no outside storage or any kind related to the home occupation.
(f) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.
(g) No use shall create noise, dust, vibration, smell, 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.
(h) Complaints by citizens or residents may be cause for termination of the home occupation.
(i) Business signage shall be prohibited.
(3) Examples of the uses that frequently qualify as home occupations. The following are typical examples of uses which can be conducted within the limits of the restrictions established in this section and thereby qualify as home occupations. Uses which may qualify as “home occupations” are not limited to those named in this division (nor does the listing of a use in this paragraph automatically qualify as a home occupation); accountant; architect; artist; attorney-at-law; author; consultant; music instrument instruction; individual tutoring; insurance;; preserving and home cooking; realtor.
(4) Uses that are prohibited. The following uses by the nature of the investment of operation have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home occupations: auto repair, minor or major; carpentry work; dental office; medical office; painting of vehicles, trailers, or boats;; private schools with organized classes; large appliance repair; and upholstering.
(C) Rural Area (RA) Zone only.
(1) Generally. Due to the rural character of the Rural Area (RA) Zone, home occupation allowances in this zone are less restrictive than those found in other residential zones within the city. Home occupations are an accessory use of a single-family residential dwelling unit, typically conducted within the dwelling unit, with certain exceptions, and are clearly incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall not alter the character of the area or adversely affect the primary uses permitted in the zoning district and shall adhere to the following:
(a) The business shall be operated by at least one permanent resident of the home and may employ up to one non-resident who is required to report in-person to the home for employment at the home, except for those uses identified below which are unique to the RA – Rural Area Zone.
(b) The owner, lessee, or other persons who have legal right to the use of the dwelling shall be subject to all conditions set forth in this chapter, such as off-street parking and lighting, and to all other permits required by the city, such as building permits and business licenses, and is encouraged to check with city officials before establishing such home occupation.
(c) Business conducted on the property shall be conducted entirely indoors, except for those uses identified below which are unique to the RA – Rural Area Zone.
(d) No more than one room or 25% of the gross area of one floor of the principal dwelling, whichever is less, or any accessory building shall be used for the purpose, except for those uses identified below which are unique to the RA – Rural Area Zone.
(e) 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.
(f) Hours of business operation shall be limited to 7:00 a.m. to 6:00 p.m. MF, or obtain a conditional use permit.
(g) No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, garbage, and the like) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
(h) There shall be no outside storage of any kind related to the home occupation, except for those uses identified below which are unique to the RA – Rural Area Zone.
(i) No use shall create noise, dust, vibration, smell, 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.
(j) Complaints by citizens or residents may be cause for termination of the home occupation.
(k) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time, except for those uses identified below which are unique to the RA – Rural Area Zone.
(l) For all home occupations requiring customer or employee parking, parking shall be provided on the subject property on a designated surface that minimizes dust and has a designated border, parking in landscape areas shall be prohibited.
(m) In-person retail sale of new or used merchandise shall be by appointment only.
(n) Business signage shall be prohibited.
(2) Specific conditions. Specific home occupations are permitted accessory uses in the Rural Area (RA) Zone provided the following conditions are observed:
(a) Businesses such as landscape maintenance and general construction, where work is performed off-site, but employees regularly report to the home for instruction and/or to pick up equipment are permitted subject to the following:
1. All employee vehicles shall be parked on the subject property
2. Work trailers or equipment may be parked on the subject property, but shall be screened from public view and be subject to § 154.104(C).
(b) Businesses with outdoor components including, but not limited to, swim lessons, horseback riding / training, or similar uses requiring outdoor activities are permitted subject to the following:
1. No more than five client vehicles on the property at any given time.
2. Arena and stadium lighting shall be prohibited in any front yard.
3. Special events, shows, or similar uses that include spectators shall be prohibited.
(c) Automotive uses consisting of retail sale and installation of aftermarket components and accessories, machining or fabrication of parts; body work; painting; and similar uses are prohibited with the following exceptions:
1. Minor repairs such as maintenance and removal and replacement of standard parts shall be permitted provided: All work and storage shall occur indoors; No more than one vehicle to be serviced shall be located on the property at any given time; and testing and tuning of non-muffled or other open-exhaust vehicles shall be prohibited.
2. All other automotive related uses shall require a conditional use permit (CUP).
(d) Creative endeavors, including fabrication with wood, metal, glass, clay or similar mediums shall include and be subject to the following:
1. All noise generating activities shall occur indoors.
2. Outside storage of fabrication material shall be permitted, but shall be kept in an orderly manner and screened from public view.
3. On-site mass produced commercial-scale manufacturing and/or sales shall be prohibited. For example: non-custom cabinet making or furniture making, or bulk sales shall not be considered a creative endeavor.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)