This code permits home occupations by right in certain zones; provided, that business owners meet the standards of this section.
(A) Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence.
(B) Home occupation in Residential Zones. Home occupations of less than 500 square feet in the Residential (R-1, R-2 and R-3) Zones, are permitted subject to a Type I (zoning checklist) review. Home occupations greater than 500 square feet in a Residential (R) Zone are allowed, subject to approval of a conditional use permit.
(C) Home occupation in Commercial-Residential Zone. Home occupations of any size are permitted in the Commercial Residential (CR) Zone subject to a Type I (zoning checklist) review.
(D) Home occupation good neighbor standards. Home occupations shall conform to all of the standards below, except the city may approve adjustments to the standards through the conditional use permit approval; provided, that all uses and structures on the subject property conform to applicable city regulations, including, but not limited to, building codes and nuisance regulations.
(1) Appearance of residence.
(a) The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.
(b) The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.
(c) The home occupation shall not violate any conditions of development approval (i.e., prior land use development permit or approval).
(d) No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.
(2) Storage.
(a) Outside storage visible from the public right-of-way or adjacent properties that exceeds what is customary for a single-family residence in the vicinity is prohibited.
(b) On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable material) beyond those normally incidental to residential use is prohibited.
(c) Storage of inventory or products and all other equipment, fixtures and activities associated with the home occupation shall be enclosed in a structure or otherwise screened from view from adjacent properties and public right-of-way.
(3) Employees.
(a) Other than family members residing within the dwelling located on the home occupation site, there shall be not more than one employee at the home occupation site at any given time. For the purpose of this section,
HOME OCCUPATION SITE means the legal lot on which the home occupation is conducted.
(b) Additional individuals may be employed by or associated with the home occupation, as long as they do not report to work or pick-up/deliver at the home occupation site.
(c) The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.
(4) Advertising and signs. Signs shall not exceed a total of four square feet of surface area on each side of one or two faces.
(5) Vehicles, parking and traffic.
(a) Not more than two commercially licensed vehicles associated with the home occupation are allowed at the home occupation site. Vehicles shall be of a size that would not overhang into the public right-of-way when parked.
(b) There shall be no commercial vehicle deliveries from 9:00 p.m. to 7:00 a.m.
(6) Business hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation only from 7:00 a.m. to 9:00 p.m. Monday through Friday.
(7) Prohibited home occupation uses.
(a) Any activity that produces radio, television or other electronic interference; noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line, is prohibited.
(b) Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants and similar incidental items for sale by home business is allowed.
(c) The following uses and uses with similar objectionable impacts, because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, are prohibited:
1. Ambulance service;
2. Animal hospital, veterinary services, kennels or animal boarding;
3. Auto and other vehicle repair, including auto painting; and
4. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site.
(8) Enforcement. The city’s designated Code Enforcement Officer or other law enforcement official may visit a home occupation site to ensure compliance with all applicable regulations.
(Ord. 1267, passed 1-3-2012; Ord. 1271, passed 2-3-2014) Penalty, see § 153.999