(A) Permitted uses.
(1) Permitted uses of land or buildings, as herein listed, shall be permitted in the districts indicated under the conditions specified. No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land is located, with the following exceptions:
(a) Uses lawfully established on or before the effective date of this chapter (January 15, 1972) or any amendment hereto; and
(b) Special uses, allowed in accordance with the provisions of division (B) below.
(B) Regulation of nonresidential uses and activities. The following nonresidential uses and activities are permitted in the R-1 through R-5 Single-Family Residence Districts, subject to the regulations and limitations as follows:
(1) Designer showcase display homes. Designer showcase display home, or other similar events, may be conducted within the city, if the City Manager determines that the conduct of the event is in full conformance with the following standards:
(a) The petitioner is a not-for-profit entity;
(b) The majority of the Board of Directors of the not-for-profit entity are city residents;
(c) The majority of the neighbors in the immediate area (three deep) of the designer showcase home must indicate by written statements their approval of the proposed use;
(d) The City Manager must receive an application for the date of the proposed designer showcase home six months prior to the proposed event and must receive the application for the specific location of the proposed home no less than three months prior to the event; and
(e) Such other conditions as the City Manager may deem appropriate and reasonable.
(2) Residential boutiques and handmade craft sales.
(a) Purpose. It is the intent of this chapter to regulate residential boutique and handmade craft sales in such a way so as to only permit activity that is deemed to be compatible with the character of a residential neighborhood.
(b) Conduct of sales. Residential boutiques and handmade craft sales may be conducted only by institutions such as churches, temples, community centers or other institutional public or private properties. Such institutions may hold or allow their premises to be used for sales for the benefit of city not-for-profit organizations; provided, however that prior to any sale, a permit must be obtained from the Building Department of the city, in accordance with the provisions of division (B)(4)(j) below, except that each sale shall be limited to not more than three consecutive days.
(3) Home occupations.
(a) Purpose. It is the intent of this chapter to permit as home occupations all uses that conform to the standards set forth herein. The standards for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, and to clearly establish such home occupations as secondary and incidental in relation to the residential use of the property.
(b) Performance standards. All home occupations must be conducted in compliance with the following standards and limitations:
1. The primary use of the dwelling unit shall remain residential;
2. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. The home occupation shall be conducted within the limits of the dwelling unit, but no more than 30% of the total square footage of the dwelling unit, not to exceed 600 square feet, shall be used in the conduct of the home occupation. In calculating the square footage being used in the conduct of the home occupation, all area of the dwelling unit and accessory buildings which are in any way used toward the operation or conduct of the home occupation shall be included. If more than one home occupation is operated in the residence, the combined total square footage devoted to all such home occupations shall not exceed 30% of the total square footage, or 600 square feet, whichever is less. The use of accessory buildings for home occupation purposes may be approved by the City Manager if he or she finds such use consistent with the purpose and intent of this chapter and in compliance with applicable performance standards;
3. The operator or operators of the home occupation shall make the dwelling unit within which the home occupation is conducted his or her legal and primary place of residence;
4. No one may participate in or assist with the conduct or operation of a home occupation except:
a. Individuals who meet the same residence requirements, set forth in division (B)(3)(b)3. above, as must be met by the operator of the home occupation;
b. A nonresident assistant, subject to the following requirements and limitations:
i. Participation by the nonresident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation as for example, the services of a nurse, receptionist or clerical assistant in the home occupation of a physician;
ii. The nonresident assistant shall not participate, totally or partially, in the capacity as an additional operator of the home occupation, as an additional practitioner of the professional, craft or occupational service of the operator, or as a partner or professional associate thereof;
iii. Participation by the nonresident assistant shall be limited to 45 hours per week. More than one person may be used as a nonresident assistant provided that no more than one is on the premises at any time and further provided that the total hours of all such nonresident assistants do not exceed 45 hours as permitted herein; and
iv. If more than one home occupation is conducted in the same dwelling unit, nonresident assistants may be used in all such home occupations, provided that no more than one is on the premises at any time and further provided that the total hours of all such nonresident assistants do not exceed the 45 hours as permitted herein.
5. 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;
6. Alterations shall not be made to the interior of the dwelling which would render it undesirable for residential use;
7. Additions, enlargements or exterior alterations that change the residential appearance of the dwelling or lot shall not be permitted. Any proposed exterior changes shall be subject to Building Review Board approval;
8. No additional or separate exterior entrance that will cause a net increase in the number of entrances shall be constructed for the purpose of conducting the home occupation;
9. Limited amounts of goods, commodities or stock in trade shall be received, retained, used or stored on or physically transferred from the premises;
10. Except as provided in (B)(3)(b)13. below, no more than four individual clients, customers, patrons or service or delivery men may occupy the premises simultaneously. No vehicular traffic substantially greater than normal in the adjacent residential area is permitted;
11. The use of electrical or mechanical equipment that would change the fire rating of the structure, create visible or audible interference in radio and television receivers or cause fluctuations in line voltage outside the dwelling units prohibited;
12. No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties;
13. No permitted home occupation shall be allowed at any time to offer any goods for retail sale to the general public from the location of the home occupation except as provided for in (B)(3)(b)10. above, or except as follows:
a. No more than one private sale may be conducted at each home occupation location in any calendar year and may continue for a period not to exceed four days, provided, however, that such four-day period may run consecutively or may be broken into lesser increments, but in no event shall the total exceed four days in any calendar year;
b. Notification of the sale shall be by personally addressed, private invitation. Sales shall not be offered to the general public. The use of general media advertising or by general distribution of sales information is prohibited;
c. i. Grandfather clause: all home occupations within the city shall conform to the standards set forth herein, except that those home occupations in existence on the effective date of this division (B)(3) that do not meet the criteria herein and meeting the following criteria may continue in operation for up to five years after the adoption of this division (B)(3), at which time they shall be terminated:
A. The home occupation is located in R-1 through R-5 zoning districts;
B. The home occupation has been in operation for a continuous period since July 1, 1972; and/or
C. The operator of the home occupation must provide the city with documentation of its operations dating back to July 1, 1972.
ii. Home occupations which do not meet the performance standards or the foregoing criteria shall be terminated not less than 60 days after passage and publication of this chapter.
(4) Garage sales and house sales; performance standards. All garage sales and house sales shall be conducted in compliance with the following standards and limitations:
(a) No more than one sale may be conducted during a calendar year at any one residence;
(b) Not more than three households may conduct a sale at any one residence. When members of more than one residence join in holding a sale, the sale shall be considered to have been held at the residence of each participating member;
(c) Each sale shall be limited to not more than two consecutive days;
(d) The hours of operation shall be limited from 9:00 a.m. to 5:00 p.m.;
(e) No items for sale may be displayed in a required yard, as defined in § 159.002, nor shall any items for sale be displayed on the lawn area between the house and a public or private street;
(f) 1. Signs: one sign, not to exceed four square feet in area, may be located on the property where the sale is to take place. In addition, not more than three off-premises directional ground signs may be placed in the public parkway at local intersections, provided the signs:
a. Are made of an all-weather material and secured to the ground;
b. Contain only the wording necessary to describe the sale (i.e., garage sale, house sale), the address where the sale is to be conducted and an arrow;
c. Are white with red lettering; and
d. Are not more than four square feet in size and four feet in height.
2. Such signs may only be displayed during the hours of the sale. No signs may be attached to any street poles, trees, fire hydrants, sign poles, light poles or similar structures.
(g) Publicity in advance of permitted sales shall be limited to the local press and shall be only such publicity as is the minimum reasonable amount necessary to notify the local public or local desired clientele of the specifics regarding the sale;
(h) The City Manager or his or her designate shall have sole discretion to determine whether the advance publicity printed in conjunction with the sale is in accordance with the provisions of this ordinance;
(i) In addition to the conditions specifically noted herein, the City Manager may require any other conditions necessary to properly regulate the proposed sale to protect the health, safety and welfare of the area; and
(j) Approval procedure.
1. A person proposing to conduct a sale, as defined herein, shall submit an application for such sale not less than 48 hours prior to the proposed sale. There is no fee for obtaining a permit for the conduct of a sale. The applicant(s) shall certify that they will abide by the rules and regulations set forth above, and by all other applicable rules and regulations of the city and any special conditions as may be required in accordance with (B)(4)(i) above. The applicant shall provide names and addresses of all persons and/or households who are to participate in said sale. The application shall be on file in the office of the Administrative Officer, and he or she shall review all such requests and approve conforming sales. A placard will be issued by the Building Department and shall be displayed at the site of the sale so as to be visible from the street.
2. The Administrative Officer shall issue a stop order for sales which do not meet the performance standards or foregoing criteria. When a stop order is issued, such sales shall cease immediately.
(C) Special uses. Special uses may be allowed in each district as provided in § 159.045.
(D) Lot size requirements. Lot size requirements shall be as herein specified for each zoning district.
(E) Yard requirements.
(1) Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with these regulations and shall be unobstructed from the ground level to the sky, except as allowed in § 159.010(D).
(2) All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building.
(F) Height requirements. The requirements established under each zoning district in this subchapter shall determine the maximum building height allowable within each district.
(G) Signs. Signs regulated as provided in Chapter 153 of the city code.
(J) Inclusionary housing. In addition to the requirements of this section and the respective district requirements, certain developments shall be subject to the inclusionary housing requirements of Chapter 158 of the city code, which requirements shall be satisfied in addition the provisions of this chapter.
(Prior Code, § 46-36) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 2005-45, passed 12-5-2005)