(A) Permitted districts and applicability. Home occupations are permitted, and these standards are applicable in, the SF, SF1, SF2, SF3, TR, MF, MH, CB and NB Districts.
(B) Permitted home occupations.
(1) Home occupations shall be permitted as accessory uses to residential uses subject to meeting the requirements of this ordinance and receiving a home occupation permit from the Planning and Zoning Administrator.
(2) Those occupations shall not adversely affect the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining property.
(C) Standards. Permitted home occupations shall be subject to all the regulations of the applicable district and meet the following requirements.
(1) The home occupation shall not involve any activity which is illegal.
(2) The operator conducting the home occupation shall be the sole entrepreneur, and shall not employ any other person other than a member of the immediate family residing on the premises.
(3) The principal use of the structure or dwelling unit shall remain residential, and the operator of the home occupation shall remain a resident in the dwelling unit.
(4) No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted.
(5) No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
(6) No more than 25% of the floor area of the dwelling unit shall be devoted to a home occupation.
(7) The home occupations shall be conducted entirely within the principal building or dwelling unit used as a residence. No home occupation shall be conducted in any accessory building.
(8) No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve the home occupations shall be permitted.
(9) Home occupations shall not involve on-site customers, employees, meetings or other events that necessitate the installation of any off-street parking spaces in addition to those required by this ordinance for the dwelling unit. Home occupations which present a significant increase in the amount of traffic on neighborhood streets will not be permitted.
(10) No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of the resident. The plate shall be attached flat against the wall of the residence and shall not exceed one-square foot in total surface area.
(11) The home occupation shall not involve retailing from the residence which, for the purpose of this section, shall mean a display of inventory visible from the street or sidewalk and/or the sale of commodities which requires customers visiting the premises.
(12) There shall be no use of equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by neighbors.
(13) (a) For the purpose of this ordinance, the uses that, by the nature of their investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area shall not be permitted. Therefore, the uses specified below shall not be permitted as home occupations:
(1) Medical, dental, law, insurance and real estate offices;
(2) Houses of worship;
(3) Dance studios;
(4) Automobile repair;
(5) Private clubs;
(6) Welding shops;
(7) Barber shops and beauty parlors;
(8) Boarding house;
(9) Animal hospitals and kennels; and
(10) Trailer rentals.
(b) Those uses listed above or any other use not meeting the standards of this section, shall not be permitted uses in residential zoning districts unless they are granted a variance by the Board of Zoning Appeals. See § 9.23.
(14) The provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, bylaws or other documents which prohibit a home occupation within a dwelling unit.
(D) Permitting. No home occupation shall be allowed without the owner first obtaining a permit from the City Planning and Building Department. Application must be made on a form provided by the Administrator, and the applicant for a home occupation permit shall pay required fees in connection with the submittal of the application in accordance with the fee schedules adopted.
(E) Denial of permit. In cases where the Administrator, or his or her appointed representative, considers the home occupation to be out of the scope of home occupations permitted by this ordinance, the application shall be denied.
(F) Time limit. All home occupation permits shall be valid for a period of two years from the initial date of approval.
(G) Renewal. Home occupation permits may be renewed, provided there has not been any violation of the provisions of this section. Requests for renewals shall be submitted to the Administrator in writing, accompanied by the renewal fee set by the adopted fee schedule, one month prior to the expiration of the home occupation permit.
(H) Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Planning and Building Department, in order to determine compliance with these regulations, upon application for a home occupation permit, upon renewal of the permit, and upon receipt of any complaints of a violation of the regulations of this section.
(Ord. 07-16, passed 12-10-2007)