(A) Definition. A HOME OCCUPATION is an incidental use of a dwelling unit (not an accessory structure) for gainful employment, involving the provision of limited goods and/or services.
(1) Persons conducting a home occupation are required to comply with, and are subject to, any other laws, rules and regulations affecting the occupation and the property.
(2) Home occupations are permitted incidental uses only so long as all the following conditions are observed:
(a) The Texas tax identification number must be provided with the application.
(b) A sign not larger than 324 square inches (e.g., 18 inches by 18 inches) affixed to the wall or door is permitted. The home occupation shall not involve the use of advertising signs or window displays on the premises or any other local advertising media which call attention to the fact that the home is being used for business purposes; except that, for such purposes, a telephone number, but no business address, may be published.
(c) In no way shall the outside appearance of the dwelling be altered from its residential character;
(d) Performance of the occupation activity shall not be visible from the street (curtains or blinds may be used to accomplish this purpose);
(e) The use shall not increase vehicular or pedestrian traffic flow beyond what normally occurs in the applicable zoning district. Additionally, except as provided in division (g), there shall be no more than two additional cars parked on the premises or adjacent to it for non-residents, including clients and employees. Parking shall not be permitted in the front or side yards, unless paved according to city standards;
(f) There shall be no outside storage (to include trailers) or display related to the home occupation;
(g) One commercial vehicle, not for advertising, having a capacity of one ton or less (excluding attached trailers), may be used or parked on appropriate pavement on the property in connection with the home occupation;
(h) No mechanical or electrical equipment shall be employed other than the quality and quantity of machinery or equipment customarily found in a home associated with a hobby or avocation not conducted for gain or profit; and
(i) The home occupation use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
(B) Occupations included. Home occupations may include, but are not necessarily limited to, the following:
(1) Office facility of an accountant, architect, attorney, engineer, consultant, insurance agent, real estate broker or member of similar professions;
(2) Author, artist or sculptor, photographer;
(3) Dressmaker, seamstress or tailor;
(4) Music/dance teacher or other type of instruction;
(5) Individual tutoring;
(6) Home crafts such as rug weaving, model making;
(7) Office facility of a salesman, sales representative, manufacturer's representative, or service provider, for sale of goods or services, whether such individual or individuals are self-employed or otherwise; and provided that no retail or wholesale transactions or provision of services are made on the premises;
(8) Repair shops for small electrical appliances (such as irons, portable fans and the like), typewriters, cameras and other similar small items; provided the item does not have an internal combustion engine;
(9) Food preparation establishments such as cake maker, provided there is compliance with all state health laws and no consumption of food items by customers on the premises;
(10) Personal grooming with one customer at a time, by appointment only.
(C) Occupations not included. Permitted home occupations shall not in any event be deemed to include:
(1) Animal hospitals or clinics, commercial stables or commercial kennels;
(2) Restaurants;
(3) Automobile, boat or trailer paint or repair shops (major or minor);
(4) Doctor, dentist, veterinarian, sex therapy, massage therapy or other medically related offices;
(5) On-premise retail sales, except garage sales as otherwise provided in this code:
(6) Mortuaries;
(7) Private clubs;
(8) Trailer rentals;
(9) Carpentry work;
(10) Photo developing using chemicals;
(11) Gift shops;
(12) Repair shops for any item with an internal combustion engine; and
(13) Those home occupation uses which, without regard to principal or accessory use conditions, would be classified as assembly, factory-industrial, hazardous, institutional or mercantile occupancies as defined by the 1988 Standard Building Code, as amended.
(D) Application of provisions. The provisions of this section shall apply to all home occupations, regardless of the date of inception, unless previously authorized in writing by the city.
(E) Home occupations not listed in this section.
(1) Persons wishing to operate home occupations which are not expressly permitted or prohibited by this section may make written request to the Planning and Development Director for a formal review of the proposed home occupation.
(2) The Planning and Development Director shall review the request to determine the appropriateness within the established general guidelines. If the Director makes a favorable determination, the request shall be forwarded to the Planning and Zoning Commission for hearing.
(3) The Planning and Zoning Commission shall, in accordance with applicable law, review all requests forwarded by the Director, and submit a final report and recommendation to the City Council.
(4) The City Council shall then, in accordance with applicable law, review and consider action on the request.
(5) Any person requesting a formal review to permit a particular use not otherwise permitted shall, at the time such request is submitted, pay a non-refundable fee established by the City Council.
(F) License revocation. Home occupations are subject to review by the city, should violations be reported or observed. Licenses shall be revoked for noncompliance.
(Ord. 2006-40, passed 10-24-06)