Gainful home occupations and home offices, including but not limited to home adult or child daycare facilities or daycare homes, shall be conditionally permitted uses in all zoning districts. A store, trade, profession, use or business shall not be permitted as an accessory use in any private residence or apartment building. Home offices or home occupations presently located in a dwelling or apartment are declared to be nonconforming uses.
A. A home occupation shall only be established as an accessory use to the principal use of the dwelling for dwelling purposes and shall be dearly incidental and subordinate to the use of the property for residential purpose.
B. Not more than two (2) persons, who are not residents of the premises, may participate in the home occupation as an employee or volunteer.
C. A home occupation, including any storage of materials or equipment related thereto, shall be carried on entirely within the dwelling and not in an accessory building.
D. The conduct of the home occupation shall not occupy more than twenty five percent (25%) of the living floor area of the dwelling unit.
E. A home occupation shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted on another lot.
F. There shall be no outside storage, including machinery and equipment, of any kind related to the home occupational use. Furthermore, no display of products or supplies shall be visible from the street.
G. The proposed use shall not generate noise, odor, fumes, smoke or vehicular or pedestrian traffic or other disturbance or nuisance in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located, or which exceeds that impact normally generated by a dwelling. No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.
H. The Conditional Use Permit for the home occupation shall be issued for a period not to exceed three (3) years; shall not be transferable to a subsequent owner of the designated property; and shall not be transferable by the named applicant to another property in the Municipality. The owner of a home occupation must apply for renewal of the Conditional Use Permit to the Planning Commission at the end of said three (3) year period.
I. No more than one (1) passenger car or other motor vehicle, designed to carry a load of no more than one (1) ton and used in the conduct of the business, shall be parked on the lot. It shall be parked in a garage or on a paved exterior parking area on the lot. Other equipment, including trailers, shall only be stored in a garage which is part of the main building or in an approved accessory structure. No vehicle used in the conduct of the home occupation or by any permitted visitor to the home occupation shall be parked on the public road for a period greater than fifteen (15) minutes in any one hour.
J. The Planning Commission shall determine how many visitors shall be permitted during the applicant's hours of operation.
K. No signs shall be utilized other than an unlit nameplate not more than two (2) square feet in area.
L. Furthermore, no home occupation shall use equipment, processes or chemicals which cause x-ray, radiation or explosive conditions.
M. Prohibited home occupations shall include auto repair, any other equipment repair, outdoor welding, clinics, hospitals, barber or beauty shops, tourist homes, animal hospitals or kennels, and gun or ammunition sales, unless the operator holds a valid Federal Firearms License, among others prohibited by Federal, State or local law.
N. Violation of this section shall be governed by Chapter 1299.
(Ord. 2000-128. Passed 12-6-00; Ord. 2005-005. Passed 1-19-04.)