(a) It is the intent and purpose of this section to preserve the quiet and privacy of residential districts against the detracting encroachment or infiltration of commercial endeavors, while also preserving the right of individual residents to pursue legitimate hobbies and occupations, and to retain or improve skills not utilized in their principle avocation. The burden of proof that a home occupation complies with both the specified limitations and the above intent and purpose shall be on the person or persons involved in the home occupation. Procedures shall be established by the City Manager for receiving and handling complaints, and may include fees and penalties separate from others in this Zoning Ordinance if approved by action of Council.
(b) In any residence district, no home occupation shall be permitted which represents a nuisance to other residents in the vicinity. For purposes of this Zoning Ordinance, the term
NUISANCE shall include any circumstance associated with the home occupation which has a detrimental influence beyond the limits of the property being used. Circumstances which shall be deemed to be of detrimental influence shall include, but not necessarily be limited to a violation of any of the following restrictions:
(1) There shall be no more than one nonilluminated sign, no larger than one square foot in area, which shall be located in conjunction with a curb-side mail box installation or attached to the dwelling;
(2) Nothing shall be done to make the building or lot appear in any way as anything but a dwelling and residential lot;
(3) No one is employed from outside the resident family;
(4) Mechanical and electrical equipment used shall be only that normally used or found in a single-family dwelling; and, when performance rated shall be limited to normally domestic ratings rather than commercial or industrial;
(5) No product may be offered for sale at the dwelling unless that product has been produced or substantially altered in form or value by the home occupation activities;
(6) Delivery of supplies and materials shall be accomplished by private automobile, regular mail service or small delivery vehicles of the type normally used for small parcel deliveries to single-family dwellings. In the latter case there shall be no more than two deliveries per week; and at no time shall semitrailer type vehicles be involved;
(7) The volume of activity shall be limited so that no more than two automobiles or other vehicles involved in the home occupation are present outside the dwelling at any one time;
(8) No odors or trash accumulation shall be present outside the dwelling; and
(9) No vibrations or electrical interferences generated by the home occupation shall be noticeable outside the lot limits. No sounds generated by the home occupation shall be emitted in violation of the Noise Ordinance.
(Ord. 98-104, passed 9-14-1998)