(A) Intent. The purpose of this home occupation provision is to allow for certain types of restricted occupational uses within residential districts that are compatible with the neighborhood in which they are located.
(B) Definitions as used in this chapter:
(1) Home occupation - Any business, professional, or commercial activity that is conducted or petitioned to be conducted from and performed on property that is zoned for residential use unless the following conditions can be met:
(a) No generation of traffic, noise or odor;
(b) No employees other than those that reside on the premises;
(c) No sign on premises;
(d) No external storage of inventory or vehicles;
(e) No external alteration of the dwelling;
(f) Use is conducted entirely within a dwelling or accessory building.
(2) Home occupation conditional use permit - A permit which may be authorized by the Board of Zoning Adjustments. The permit shall be temporary in nature and may be granted to a designated person who resides at a residential address. The permit shall not be transferable from one person to another person, one home occupation to another home occupation, or from one address to another address.
(C) Procedure.
(1) Application for a home occupation conditional use permit shall be made to the zoning official on a form provided by the zoning official and shall be accompanied by the prevailing filing fees. The zoning official will then present the request to the Board of Zoning Adjustment for it's action within 45 days.
(2) The zoning official may revoke any home occupation permit for noncompliance with the criteria set forth in Section D. If the permit is revoked, it becomes null and void, and the home occupation shall be terminated.
(3) The decision of the zoning official concerning revocation of the home occupation conditional use permit shall be final unless a written appeal by the applicant is filed with the Board of Zoning Adjustments within thirty days of the applicants receipt of the notice to revoke the permit.
(4) If a person holding a home occupation permit moves to a new location, the existing permit shall be automatically terminated. The individual shall notify the zoning official of any move from the permit location or termination of the home occupation.
(D) Required condition. The Board of Zoning Adjustments may only grant a conditional use permit for a home occupation which meets the following conditions and requirements:
(1) A home occupation shall be clearly incidental and secondary to the use for dwelling purposes.
(2) The use shall be conducted primarily entirely within a dwelling or its accessory structures.
(3) The use does not require substantial external alteration of the dwelling.
(4) On the premises retail sales shall be prohibited.
(5) The applicant may employ in the home occupation only individuals who permanently reside on the premises in which the home occupation is to be conducted. Additional employees shall be prohibited.
(6) There shall be no exterior storage of materials to be used in conjunction with a home occupation.
(7) A home occupation shall produce no offensive noise, vibration, smoke, dust, odors or heat. The premises and structures on the premises shall be maintained to conform to neighborhood standards.
(8) The home occupation shall not generate additional vehicular or pedestrian traffic to the residence unless approved by the Board of Zoning Adjustments.
(9) External storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited.
(10) Home occupations shall comply with all local, state or federal laws or regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
(11) Only one unlighted sign not over two (2) square feet in area identifying home occupations shall be permitted on the dwelling premises. Persons with demonstrated physical disabilities may be permitted special consideration by the Board of Zoning Adjustments. The applicant may request waiver of a portion or all of one or more of the foregoing requirements. This special request shall be considered at a Board of Zoning Adjustments meeting, after notification to adjacent property owners. The Board of Zoning Adjustments may only grant waivers on the basis of applicant's physical inability to function within said requirements.
(E) The following shall be prohibited as home occupations:
(1) Ambulance service;
(2) Automobile repair; parts sales, upholstery, detailing or painting; washing service;
(3) Beauty salons or barber shops;
(4) Boarding house, bed and breakfast, hotel;
(5) Churches, religious instruction;
(6) Health salons, dance studios, aerobic exercise studios;
(7) House painting;
(8) Medical, dental or psychological services;
(9) Mortician, hearse service;
(10) Private clubs;
(11) Restaurants;
(12) Retail sale from site;
(13) Veterinary uses (including care, grooming or boarding);
(14) Welding shop;
(15) Any similar type service as determined by the Board of Zoning Adjustments; and
(16) Adult-oriented businesses.
(Ord. 97-1128, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98)