Any person desiring to conduct a home occupation in a residential district shall apply to the Board of Zoning Appeals for approval as follows:
(a) The application fee for a home occupation permit shall be fifty dollars ($50.00) and shall be paid to the Secretary of the Board of Zoning Appeals, who shall forthwith deliver said amount to the City Treasurer for deposit to the credit of the General Fund.
(b) The Board of Zoning Appeals shall consider any application for a home occupation permit at its regularly scheduled monthly meeting.
(c) In consideration of any application for a home occupation permit, the Board of Zoning Appeals shall determine that the proposed use will comply with the requirements of Section 1180.02 and further, that the proposed home occupation will not unreasonably diminish or impair established property values within the surrounding area, or in any respect impair the public health, safety, comfort, morals, or welfare of the community.
(d) The granting of a home occupation permit by the Board of Zoning Appeals shall in no way constitute a change in the zoning classification of the property on which the home occupation is permitted.
(e) A home occupation permit shall be valid for a period of one year and may be renewable in subsequent years, upon payment of a fee of fifty dollars ($50.00) per year.
(f) A home occupation permit is not transferable and shall be immediately revoked and become null and void upon the sale, lease, transfer, or other disposition of the home occupation or the property on which it is located.
(g) If the use for which a home occupation has been granted ceases for a period of six consecutive months, all permits issued pursuant to this section shall become null and void.
(h) Home occupation permits granted pursuant to this section may be revoked by the Building Inspector pursuant to the provisions of Chapter 1125, such revocation to be based upon the failure to comply with any of the provisions of this section and when the use of any property in a residential district as a home occupation results in an undesirable condition interfering with the health, safety, or welfare of the surrounding residential area.
(i) Any person aggrieved or affected by a decision of the Board of Zoning Appeals regarding an application for a home occupation permit may appeal such decision, pursuant to Section 1129.09, to Council by filing with the Clerk of Council a written notice of such appeal within ten days of the decision by the Board of Zoning Appeals. (Ord. 251-2001. Passed 2-4-02.)