(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 or compromise the residential character of the area. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily “more sensitive” home occupations, so that special home occupations may be reviewed through a hearing process.
(B) Application. Subject to the non-conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming.
(C) Procedures and permits.
(1) Permitted home occupation. Any permitted home occupation, as defined in this section, may operate without a specific permit.
(2) Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the provisions of § 155.065(C) of this chapter.
(3) Declaration of conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this section.
(4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the provisions of § 155.065(C) of this chapter regarding conditional use permits; except that, no public hearing is required on the permit renewal, unless deemed necessary by the Planning Commission. However, if the Planning Commission deems a public hearing necessary, notice of the permit renewal application must be provided to all property owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this section.
(5) Transferability. Permits are licenses which are personal to the permittee and shall not run with the land, nor be transferable.
(6) Lapse of special home occupation permit by non-use. Whenever within one year after granting a permit, the use as permitted by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council, through recommendation by the Planning Commission. The extension shall be requested in writing and filed with the City Planner at least 30 days before the expiration of the original permit. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation to the City Council.
(7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the City Council for at least six months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full City Council.
(8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that the permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.
(D) Requirement, general provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.
(1) General provisions.
(a) No home occupation shall produce light glare, noise, odor or vibration that in any way have an objectionable effect upon adjacent or nearby property.
(b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses.
(d) 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.
(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.
(f) The home occupation shall meet all applicable Fire and Building Codes.
(g) All home occupations shall comply with the provisions of the city’s Nuisance Ordinance.
(h) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities. The City Council shall have the authority to further restrict the hours of operation as necessary to meet the purpose of this section.
(2) Requirements, permitted home occupations.
(a) No person other than those who customarily reside on the premises shall be employed.
(b) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings or attached garage.
(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.
(d) Permitted home occupations include and are limited to: home offices; art studio; dressmaking; secretarial services; professional offices; teaching with musical dancing and other instructions which consist of no more than one pupil at a time; and similar uses.
(e) The home occupation shall not involve any of the following: repair service or manufacturing which requires commercial-grade equipment or equipment available only on a business- to-business basis; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.
(3) Requirements, special home occupation.
(a) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this section.
(b) Examples of special home occupations include: barber and beauty services; day care-group nursery; photography studio; group lessons; saw sharpening; small appliances and small engine repair; and the like.
(c) The special home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time.
(d) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.
(E) Non-conforming use. Existing home occupations lawfully existing on the effective date hereof may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 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.
(F) Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
(Prior Code, § 155.71) (Ord. 600, passed 6-6-2000; Ord. 630, passed 12-7-2004)