(A) Purpose. The purpose of this section is to define and regulate home occupations so that such occupations are not likely to cause a nuisance or hazard to the neighborhood. This section is not intended to limit or discourage home occupations except as they are likely to infringe upon the rights of others.
(Prior Code, Ch. 300 § 749.01)
(B) Permitted uses. All types of home occupations are allowed except those not permitted by existing ordinances of the city in residential zones (see § 159.043 for allowed uses).
(Prior Code, Ch. 300 § 749.02)
(C) Criteria. The following criteria must be met, or the proposed use must be established as a conditional use in the zoning district and the proper permit obtained. If the use does not meet the criteria, or is not conditionally permitted then the use shall be deemed prohibited.
(1) No persons other than members of the family who reside on the premises 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 30% of floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3) Exterior storage of equipment or materials used for the home occupation is not permitted.
(4) Any business operations conducted in an accessory building or garage shall be conducted entirely within the accessory building, and no exterior modifications to the building shall be permitted which would indicate that the structure is being used for commercial activity.
(5) There shall be no change in the outside appearance of the principal building or premises, or other visible evidence of the conduct of such home occupation other than any signage as permitted by the city's ordinances.
(6) No traffic shall be generated by such home occupation in greater volume than would be normally be expected of a residence in a residential neighborhood, and the driveway shall be designed accordingly.
(7) No more than 2 cars may be parked on a public street related to the home occupation.
(8) Off-street parking areas may not exceed 2 stalls and shall not be located in any required yard setback area and must be screened from any adjacent residential use.
(9) Objectionable noise, vibration, smoke, dust, electrical disturbances, heat, glare, or hazardous or toxic material shall not be produced, stored, or kept upon the premises. Any waste disposed of in the sewer system shall not create or cause a greater volume than that which is normally gnerated by a single-family residential dwelling.
(10) The home occupation shall not cause internal or external alterations of substance to the dwelling unit, nor shall it involve construction features not customarily found in single-family residential dwellings.
(D) Permit required. The fee owner of the residential dwelling in which a home occupation is proposed to be conducted shall be required to hold a certificate of compliance or conditional use permit before engaging in any such occupation or before allowing the occupation to take place upon the premises. An application for the required permit may be obtained by making application to the Zoning Administrator pursuant to the provisions of this chapter.(Prior Code, Ch. 300 § 749.05)
(E) Enforcement, suspension/revocation, abandonment and/or discontinuation of home occupation.
(1) The Zoning Administrator and/or the City Council may from time to time request of any applicant and/or any person conducting a home occupation verification that the home occupation is being conducted in a manner consistent with the permit conditions and this section. The City Council may suspend or revoke any city permit for violation of any provision or condition of this chapter, or if the use is in violation of the required permit conditions.
(2) Suspension and/or revocation of the permit for home occupation shall be preceded by written notice to the applicant/fee owner providing an opportunity to be heard before the City Council at a special or regular meeting thereof. The notice shall be given at least 8 days in advance of the time and the place of hearing which shall be specified therein and shall also state the nature of the violations alleged.
(3) The City Council may, without any advance notice, temporarily suspend any city permit pending hearing on revocation or suspension for a period not exceeding 30 days.
(Prior Code, Ch. 300 § 749.06) (Am. Ord. 7432, passed 8-16-1982; Am. Ord. 2020-07, passed - -2020)