1169.06 ACCESSORY USES.
   In a Mixed Use Overlay District, structures and uses customarily incidental to any of the permitted or conditional uses set forth in this chapter, and occupying the same lot or tract of land, shall be permitted including:
   (a)   Parking Facilities. Garages or off-street parking areas as set forth in Chapter 1172.
   (b)   Temporary Construction Buildings. Temporary buildings which are incidental to construction and which shall be removed upon the substantial completion of such construction, as determined by the Zoning Administrator.
   (c)   Home Occupations. Home occupations, in compliance with the following regulations set forth:
      (1)   Permit.
         A.   No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the Zoning Administrator according to the standards set forth herein.
         B.    A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. If the resident rents the dwelling unit, the resident shall provide evidence of written permission from the dwelling unit’s owner as part of the permit application.
         C.    Home occupation permits shall not be transferable and shall not run with the land. All home occupation permits shall expire upon the sale, transfer or lease of the property to a new owner or tenant.
      (2)   Size. Home occupations shall not occupy more than 34 percent of the total gross floor area of the principal dwelling unit.
      (3)   Operational Standards.
         A.   All activities associated with the home occupations shall be conducted within the principal dwelling or an accessory structure. No outside activity or operations shall be permitted.
         B.   No equipment shall be used that creates a nuisance due to noise, odor, glare, vibrations or electrical interference.
      (4)   Outdoor Storage and Exterior Appearances.
         A.   No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed other than a name plate with a maximum sign area of two (2) square feet attached to the dwelling as provided for in Section 1170.08, which may designate such home occupation thereon along with the occupant’s name and address.
         B.   No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted.
      (5)   Employees. Not more than one (1) person who is not a resident of the dwelling unit may be employed in the home occupation.
      (6)   Parking.
         A.   A home occupation may provide an additional off-street parking area adequate to accommodate all needs created by the home occupation, but in no case shall provide more that 2 additional off- street parking spaces.
         B.   Required off-street parking to serve a home occupation shall not be permitted in the front yard of the dwelling, other than in a driveway.
         C.   To the maximum extent feasible, side yard areas shall not be converted to off-street parking areas to serve a home occupation.
      (7)   Personal and Professional Services. Customer/client visits to the home occupation are limited to the hours from 9:00 a.m. to 8:00 p.m. The home occupation shall not generate more than 10 customer/client visits in any one day and no more than two (2) customers/clients can be present at any one time.
      (8)    Prohibited Home Occupations as Accessory Uses. The following uses and activities shall not be permitted or conducted as a home occupation accessory use:
         A.   Funeral Homes and Undertaking
         B.   Hotels
         C.   Restaurants, nightclubs and/or drinking establishments
         D.   Retail sales of goods that are not made on the premises
         E.   Barbershops or beauty salons
         F.   Medical and dental clinics, hospitals
         G.   Veterinary facilities and/or small animal clinics and kennels
         H.   Vehicle or equipment sales, rental or repair.
   (d)   Recreational Facilities. Recreational facilities, including private swimming pools subject to Section 1160.04(a) (9), and any other applicable City ordinance, for the exclusive use of residents and their guests.
   (e)   Signs. Signs as set forth in Chapter 1170.
      (Ord. 2007-59. Passed 12-1-08.)