§ 155.053 CUSTOMARY HOME OCCUPATIONS.
   (A)   This section defines customary home occupations and prescribes the conditions under which such occupation shall be permitted.
      (1)   Purpose. The purpose of this section is to:
         (a)   Protect residential areas from the adverse impact of excessive traffic, nuisance, noise and other possible effects of commercial activities within residential neighborhoods; and
         (b)   Provide residents the option to use their residences for certain home occupations without altering the residential character of the neighborhood.
      (2)   Customary home occupations.
         (a)   A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within the dwelling. In connection with a home occupation, no stock in trade shall be displayed outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings.
         (b)   Public access to the home occupation shall be by invitation or appointment only and shall not account for any appreciable increase in vehicle and/or pedestrian traffic.
         (c)   Delivery of products to the home for business purposes shall not occur more frequently than twice a week. Delivery by trucks or vehicles not ordinarily utilized for residential deliveries shall be prohibited.
         (d)   Limited retail sales shall be directly associated with, and subordinate to, the permitted home occupation.
         (e)   No exterior display or signage shall be allowed. Advertising associated with the home occupation shall not include the physical address.
         (f)   Applicants shall provide a copy of their sales tax license to the city.
         (g)   The following occupations, subject to the requirements of the division (A)(2) above are customary home occupations:
            1.   Artist, sculptor, author;
            2.   Barbershop and beauty shop operated by only two members of the residence;
            3.   Dressmaker, milliner, seamstress, tailor, interior decorator;
            4.   Professional office of a physician, massage therapist, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same provided that not more than one paid assistant shall be employed; that adequate approved off-street parking be made available;
            5.   Teaching, including tutoring, musical instruction or dancing;
            6.   Not more than 25% of the floor area in the structure can be used for customary home occupation; and
            7.   Any other similar use which the governing body deems to be a home occupation, to include bed and breakfast operations as defined in § 155.002;
   (B)   Exemptions:
      (1)   Activities conducted entirely within the residence, such as internet transactions or stock market transactions from a home office, which does not account for any vehicle or pedestrian traffic pertaining to that activity, and where there is no outward display of that activity, shall be exempt from the requirements of § 155.073; and
      (2)   Garage sales, yard sales, rummage sales. Garage, yard and rummage sales shall be exempt from the permit process provided they meet the following standards.
         (a)   Sales shall last no longer than three days.
         (b)   Sales shall be held no more than six times per year.
         (c)   Sales are conducted on the owner’s property or one of the owner’s properties in case of a multiparty sale.
(Prior Code, § 27-A-06-09)