(A) Purpose. The purpose of this chapter is to maintain the character and integrity of residential areas, to prevent competition with commercial districts, to encourage telecommuting, and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood.
(B) Applicability of provisions. All occupations conducted in the home shall comply with the provisions of this chapter. This chapter shall not be construed, however, to apply to home occupations accessory to farming, home offices, or other occupations that do not involve or require the patron to be upon the premises.
(C) Permit required. Except as required by this section, home occupations defined by this title shall require a permit issued by the Zoning Administrator subject to the conditions of this chapter, other applicable city ordinances and state law. The permit shall remain in full force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been breached.
(D) Declaration of conditions. The Zoning Administrator may impose such conditions on the granting of an administrative permit as may be necessary to carry out the purpose and provisions of this section.
(E) Transferability. Administrative permits shall not run with the land and shall not be transferable.
(F) Lapse of permit by non-use. Whenever within one year after granting a permit, if the use as permitted shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Zoning Administrator. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use.
(G) Abandonment of use. If a home occupation use is abandoned or not conducted for a period of time one year or greater, the permit shall be considered to be terminated.
(H) General provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions:
(1) Prohibited impacts. The use does not create noise, dust, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the area in question under normal circumstances where no home occupation exists.
(2) Equipment. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
(3) Incidental to residential use. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. The use shall not create greater vehicular or pedestrian traffic than is normal for the area in which it is located.
(4) External alterations. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.
(5) Space limitations. All home occupations uses shall not exceed 25% of the floor space of the dwelling or accessory building.
(6) Exterior storage. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.
(7) Compliance with Fire and Building Codes. The home occupation shall meet all applicable Fire and Building Codes. The use shall not involve electrical or mechanical equipment that would change the fire rating of the dwelling or the fire district in which the dwelling is located.
(8) Displays and signs. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. The use shall not involve advertising signs on the premises or other on-site advertising which calls attention to the fact that the dwelling is being used for business purposes. The use shall not display, either inside or outside the dwelling, materials, goods, supplies or equipment related to the home occupation.
(9) Nuisances. All home occupations shall comply with the city's nuisance code.
(10) Hours. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.
(11) Employment. No person other than those who customarily reside on the premises shall be employed by the home occupation.
(12) Parking. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway where no vehicle is parked so as to obstruct a public street, sidewalk or trail or private driveway.
(I) Allowed home occupations.
(1) Home occupations include the following general uses and similar:
(a) Hair salon;
(b) Instructional classes with not more than one pupil at a time. Additional students receiving instruction at one time may be allowed for single-family uses subject to approval of an interim use permit;
(c) Massage therapy;
(d) Photography studio;
(e) Small appliance repair; or
(f) Tailoring, sewing and alternations.
(2) Home occupations shall not involve any of the following:
(a) Repair service or manufacturing which requires equipment other than found in a dwelling;
(b) Services which consist of more than one pupil, client, or customer at a time; or
(c) Over the counter retail sale of merchandise produced off the premises.
(J) Inspection. As a condition of any home occupation application and approval, the property owner shall grant license to the city to enter the property for periodic inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
(Ord. 583, passed 8-26-2019)