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(a) A home occupation is a permitted use in the R-1, R-2, R-3, RT, RM, RM-1 and Planned Unit Development Districts according to the requirements of this section.
(b) According to the following requirements, two home occupations, Level l and Level 2 are permitted.
(c) Level 1 home occupation requirements:
(1) A Level 1 home occupation is a home occupation that is conducted entirely within the dwelling or an attached accessory building and is conducted in such a manner that under normal circumstances, there is no external evidence of the home occupation operation except that a Level 1 home occupation is permitted to have one (1) sign which shall be attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(2) A permit from the City is not required to conduct a Level 1 home occupation.
(3) Only family members who reside on the premises shall be employed or involved in the home occupation.
(4) The use of the dwelling for a home occupation must be accessory, incidental, subordinate and attached to the permitted principal use. A home occupation shall occupy no more than 25 percent of the total floor area of the dwelling in which it is conducted exclusive of any porch, attached garage, or similar space not suited or intended to be occupied as living quarters provided.
(5) Exterior storage of equipment or accessory items and display of materials, goods, or supplies, used in the conduct of the home occupation is prohibited.
(6) The dwelling shall not be altered from its residential appearance to conduct the home occupation, but for the addition of an advertising sign as permitted above.
(7) The home occupation shall be conducted so it does not constitute a nuisance or annoyance to adjoining residents because of noise, smoke, odor, electrical disturbance or night lighting or the creation of unreasonable traffic to the premises.
(8) There shall be no selling of goods, merchandise, supplies, or products, or the offering of services to customers except on an occasional basis, generally less than five times per week.
(d) Level 2 home occupation requirements:
(1) A Level 2 home occupation is a home occupation that has one (1) employee or one (1) individual involved in the operation of the business outside of the family members who reside on the premises and which has customers coming to the home occupation for services or products offered by the home occupation on more than an occasional basis, generally more than five (5) times per week.
(2) A Level 2 home occupation shall only be permitted if the Planning Commission approves a special land use following the procedures and standards of Chapter 1274 herein.
(3) An application for a Level 2 home occupation shall contain the following information:
A. Name and address of property owner and occupant of the dwelling.
B. Description of the proposed home occupation, including materials to be used, days and hours of operation, estimated customer and delivery vehicle trips per week, and if an employee will be involved in the business.
C. A site plan as typically required by Chapter 1276 herein shall not be required. Instead, an accurate drawing shall be submitted illustrating the property, buildings on the property, the area within the building to be devoted to the home occupation, parking for the business, screening, sign and other information as may be required by the Zoning Administrator to ensure compliance with the requirements of this section.
(4) The home occupation shall be conducted only within the dwelling or an attached or detached accessory building.
(5) Only family members who live on the premises and no more than one (1) other person who does not reside on the premises shall be employed by or involved in the home occupation.
(6) Traffic generated by the home occupation shall be compatible with traffic generally expected in the zoning district in which the home occupation is located.
(7) A home occupation shall provide a minimum of two (2) on-site parking spaces in addition to the parking spaces required for the dwelling.
(8) A home occupation is permitted to have one (1) sign attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(9) A Level 2 home occupation shall also comply with the requirements for a Level 1 home occupation contained in Section 1286.01(c)(4)-(7) herein.
(10) In its approval of a Level 2 home occupation, the Planning Commission may prescribe certain conditions to ensure that the home occupation can be compatible with its residential surroundings. Such conditions may include but are not limited to restricting the hours of operation, the number and type of delivery vehicles, and limiting the number of customer visits to the home occupation.
(Ord. 483. Passed 2-1-11; Ord. 566. Passed 9-6-22.)
(a) Donation Drop Boxes and Collection Bins, Defined. A receptacle or other portable structure made of metal, steel, or similar durable material placed outdoors and intended and used for the collection of clothing, shoes, books, toys, household items, or other non-perishable goods and materials donated by the public but no including facilities and structures owned and operated by a governmental entity such as but not limited to post office mail drop boxes, bill payment drop boxes, library collection boxes, and recycling boxes.
(b) Donation Drop Boxes and Collection Bins, Prohibited. As defined herein, donation boxes and collection bins are prohibited in all zoning districts.
(c) Donation Drop Boxes and Collection Bids, Existing. Donation drop boxes and collection bins that are existing as of the effective date of this Section 1286.12 shall be removed from the property on which they are located within 60 days of January 21, 2014 as they are considered to be portable accessory uses and are not considered permanent non-conforming uses by virtue of the adoption of this Section 1286.12. Failure to remove a donation drop box or collection bin within the 60 days shall be considered a civil infraction subject to payment of fines as outlined in Section 202.99(b) of this City Code.
(Ord. 510. Passed 1-7-14; Ord. 566. Passed 9-6-22.)
(a) A deck is an attached accessory structure constructed from wood or composite materials uncovered and attached to the principal building.
(b) A porch is an attached accessory structure, usually covered, and is often constructed from wood, masonry, or other composite material, located at the principal building's primary or secondary entrance points.
(c) The area of decks and porches are used to calculate the maximum lot coverage percentages on residential lots.
(d) All decks and porches must comply with the Building Code, as amended from time to time.
(e) Uncovered decks may extend up to ten (10) feet into the front yard setback (See Section 1286.07(h)). No canopy may be erected after the original construction of the deck in the front yard unless it is an attached roof to establish a covered front porch.
(f) Decks may only be constructed in the side or rear yards and may encroach no more than three (3) feet into the required side or rear yard setback.
(g) At no time may a deck or porch be located closer than six (6) feet from any property line.
(Ord. 566. Passed 9-6-22.)
(a) Private swimming pools, hot tubs, or spas are classified as an accessory use within the side or rear yard only, provided they meet the following requirements:
(1) There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the pool wall.
(2) There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on the same lot.
(3) No swimming pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance required for a side yard by this Zoning Code, whichever is greater.
(4) No swimming pool shall be located in an easement.
(5) For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. However, if the entire premises of the residence are enclosed, then this provision may be waived by the Zoning Administrator upon inspection and approval.
(6) All swimming pools, whether in ground or above ground, will be calculated into the total lot coverage percentage calculations as defined in Section 1286.01(b)(5).
(Ord. 566. Passed 9-6-22.)