(A) Intent. The intent of this section is to establish criteria for operating home occupations in dwelling units within residential districts while maintaining the peace, quiet, and residential character of all residential neighborhoods within the city, and alleviating or limiting excessive noise, excessive traffic, nuisance, fire hazard, and other anticipated adverse effects of commercial uses being conducted in residential areas.
(B) Applications and procedures.
(1) The initial annual fee for the home occupation permit shall be as shown in § 156.071 and shall be paid with the application for such permit which shall be filed with the Building and Zoning Division. The annual renewal fee for a home occupation permit shall be as shown in § 156.071; all such renewal fees shall be paid by January 31 of the year for which the permit is renewed.
(2) No reduction in annual permit fees shall be allowed for permits issued after January 1 of any year, nor will any refunds be made if permittee ceases the home occupation or when a permit is revoked, or denied.
(3) All permits shall expire on December 31 of each year and may be renewed without additional hearings, subject to the requirements of this Section. Applicants for renewal shall complete the renewal form prescribed by the Building and Zoning Division and pay the annual permit fee with application for renewal. Failure to apply for renewal prior to expiration of a permit and failure to pay annual permit fee shall be grounds for revocation of all permits.
(4) Each applicant for a home occupation permit will complete an application which demonstrates that the occupation which is the subject of the application meets the standards and intent of this section.
(5) Each applicant for a home occupation permit will file the application with the Administrative Official, who will provide such Application to the City Council for its action on such application.
(C) Restrictions and limitations: home occupations shall conform to all of the applicable requirements of this section, and shall be limited to one of the following occupations:
(1) Dressmaking, sewing, and tailoring;
(2) Artistic painting, sculpturing, art restoration, art studio or writing;
(3) Telephone answering or telephone soliciting if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(4) Home crafts, such as model making, rug weaving, lapidary work;
(5) Tutoring, limited to two students at a time;
(6) Home cooking or preserving if conducted solely within the residence;
(7) Computer programming if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(8) Secretarial service, accounting service, typing service, word processing services if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(9) Babysitting and child day care - not exceeding eight persons;
(10) Direct sale product distribution, such as Amway, Avon, and Tupperware;
(11) Laundry, ironing service, housecleaning;
(12) Mail orders, not including retail sales from the site;
(13) Internet sales;
(14) Stock and bond broker, financial planner, and estate planner;
(15) Barber;
(16) Beautician.
(D) Home occupations prohibited: Permitted home occupations shall not in any event include the following:
(1) Antiques - retail;
(2) Funeral services;
(3) Groceries - retail;
(4) Second-hand merchandise - retail;
(5) Equipment rental;
(6) Automobile and other motor vehicle repair services;
(7) Restaurants;
(8) Stables or kennels;
(9) Tourist home;
(10) Renting of trailers or equipment;
(11) Medical, dental or chiropractic clinics;
(12) Physician;
(13) Dentist;
(14) Chiropractor.
(E) Standards. All home occupations shall conform to the following standards:
(1) The home occupation shall be incidental and subordinate to the principal residential use of the premises;
(2) A home occupation shall be entirely contained within the interior of an approved structure on the site and no more than 25% of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation;
(3) No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling;
(4) No sign shall exceed two square feet, shall not be illuminated and shall be placed flat against the main wall of the principal residential structure;
(5) Home occupations shall not utilize more than a total of two persons either as an employee, an independent contractor, a volunteer, or in any other capacity to render service in the performance of such occupation, and both of such persons shall reside in the residence wherein the home occupation is conducted;
(6) No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference;
(7) No parking in the public rights-of-way shall result from the home occupation;
(8) No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood. A home occupation shall not generate more than ten business related visitations per day, consisting of ten arrivals and ten departures by vehicles;
(9) No manufacturing or retail or wholesale sales shall take place on the premises. No stock in trade shall be displayed or sold on the premises. Any production on the premises shall be confined to that normally associated with a residence;
(10) Any occupation which requires licensing, registration or permits, by state or federal statute or requirements, or by city ordinance must be provided at time of application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such license or permits.
(F) Inspections: any home occupation permittee, upon request, shall allow an annual inspection of the premises by the Building and Zoning Division. In addition, the Building and Zoning Division shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by the permit for safety and compliance purposes.
(G) Nontransferability of permits: home occupation and home occupation special use permits are not transferable from person to person or from one building to any other building, except as set forth in division (H)(2) of this section in the case of death of the permittee.
(H) General provisions.
(1) All previously issued special use permits for home occupations may be subject to periodic inspections and review pursuant to the procedures and requirements herein.
(2) Death of permit holder. Should a home occupation permit holder or home occupation special use permit holder die, the existing permit shall be automatically terminated, except that should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the Building and Zoning Division, within 30 days of the permittee’s death, and the surviving spouse or child shall become the permittee and shall be subject to the requirements of this section.
(3) Revocation of permits. A permit granted for any home occupation may be revoked by the City Council for cause after a hearing before the Planning Commission. Complaints seeking the revocation of such permit shall be filed with the Building and Zoning Division and may be initiated by either the Administrative Official, Planning Commission, Zoning Board of Appeals or any three persons who reside at three different locations within one city block of where such occupation is conducted. All such revocation hearings shall be conducted in accordance with applicable public hearing and notice requirements of §§ 156.100 through 156.106 of this chapter.
(5) Modification of requirements. Modifications of the above regulations may be approved by the City Council in individual cases of applications for home occupation special use permits if the modification is found by the City Council to be in accordance with the purposes set forth in this chapter.
(6) Time limits in applying for permit. All home occupations being conducted in violation of this Section shall, within 30 days after the adoption of the ordinance from which this section derives, apply for the necessary permit or special use permit as the case may be, and enforcement of this section shall be stayed for such 30 days and, if application is made, until granting or denial of such applications.
(7) Penalty. Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this Section shall, upon conviction, be subject to penalty provisions in § 156.033.
(Ord. 2013-22, passed 11-25-2013)