In an R-1, R-2, or R-3 Residence District, accessory uses shall be uses customarily incident to the principal uses listed as permitted. They shall be understood to include, among other things:
(A) Home occupation/businesses: No portion of a retail or service oriented occupation, profession, trade or business which involves personal contact with any party not residing within the residence shall be performed or conducted at a residence located within the R-1, R-2, and R-3 zoning designations, with the provision that a day care provider who is not required to obtain a state license shall be permitted to operate within a personal residence within said zoning designations and shall be exempt from this section regarding residential businesses. Should a home occupation/business qualify under the above guidelines, (such as Avon salesman, house painter, arts and crafts person), the following provisions shall be applicable to such occupations/businesses:
(1) No person other than members of the family residing at the residence shall be engaged in such occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 20% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.
(4) The home occupation shall be conducted only within the principal structure.
(5) There shall be no sales conducted or service performed at the residence.
(6) No equipment or process shall be used in home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses on lots separate from the residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers on lots separate from the residence.
(7) No outdoor storage shall be allowed in connection with any home occupation.
(8) No form of any type of advertisement, including signs or display of items, shall occur within the residence or upon the grounds of said residence.
(9) No form of public advertisement (such as newspaper, telephone book or flyers) shall be used in reference to the home occupation/business.
(B) A private garage, or a separate building, may not be located closer to the street than existing adjacent structures.
(C) A name plate not exceeding two square feet in area.
(D) A sign or bulletin board, not exceeding 12 square feet in area, so placed as not to interfere with front yard requirements nor obstruct the view across the corner or intersecting streets; and erected upon the premises of a church or similar institution for the purpose of displaying the name and activities thereof, or the services herein provided.
(E) Should a violation of § 152.023 occur, any person aggrieved or with knowledge of said violation shall notify the City Council of the municipality of such unlawful action. Said Council shall immediately give written notice by certified mail with return receipt to the property owner of said residence requesting that the unlawful act cease. Should said property owner fail to cease said unlawful act within 20 days of receipt of said notice, said Council shall immediately institute an action for an injunction, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful use.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999