§ 153.123 HOME OCCUPATIONS.
   (A)   Administrative home occupations shall be permitted in compliance with the following conditions.
      (1)   An administrative home occupation shall be permitted in any residential zoning district within a residential dwelling unit and/or attached or detached accessory structure.
      (2)   There shall be no persons except those permanently residing in the residential dwelling unit employed in the home occupation.
      (3)   There shall be no more than one administrative home occupation permitted per resident.
      (4)   All activity shall be conducted entirely within the dwelling unit and/or an attached or detached accessory structure and the use for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling and premises.
      (5)   The area used for the home occupation shall not occupy more than 25% of the gross floor area of the dwelling unit up to a maximum of 300 square feet and without limitation in an attached or detached accessory structure.
      (6)   There shall be no change in the exterior appearance of any building, structure or premises condition and no visible evidence of the conduct of such home occupation.
      (7)   There shall be no exterior display of commodities, goods or merchandise or the posting of a permanent or temporary sign advertising the home occupation.
      (8)   There shall be no on-premises sale of commodities, goods or merchandise produced as the result of the home occupation.
      (9)   There shall be no vehicular or pedestrian traffic generated by such use greater in volume than the existing streets and sidewalks can support, including, but not limited to, deliveries via USPS, FedEx or delivery service. Such service shall be on an intermittent basis and shall not be accomplished by a semi-trailer truck or other vehicle not commonly traveling on residential streets.
      (10)   There shall be no creation of a parking lot or additional parking beyond that required for the residential use or the provisions of this chapter.
      (11)   There shall be no equipment or processes used that create excessive noise, vibrations, glare, fumes, odors, electrical interference, voltage fluctuation or other adverse impact to adjacent properties or the general vicinity.
      (12)   There shall be no increased burden placed upon existing public services provided to the residence because of the home occupation, including, but not limited to, increased water service, increased sanitary sewer service, increased storm water disposal facilities or increased gas or electrical service in excess of that determined by the Zoning Officer to meet an existing service deficiency.
      (13)   Income from home occupations shall be reportable to the City Auditor and subject to the provisions of §§ 36.15 through 36.31.
      (14)   There shall be the payment of a permit fee as established by separate City Council ordinance.
   (B)   Administrative home occupations shall include, but not be limited to:
      (1)   Desktop publishing;
      (2)   Computer programming and small electronic device repair;
      (3)   Typing and word processing;
      (4)   Telephone/internet answering service;
      (5)   Internet sales with no on-premises storage of goods or customer visitation;
      (6)   Art or craft studio;
      (7)   Teaching, tutoring and instruction;
      (8)   Laundering and ironing;
      (9)   Cooking and preserving;
      (10)   The professional office of a doctor, lawyer, dentist, psychologist, psychiatrist, clergy, realtor, broker, insurance agent, engineer, draftsperson or accountant and not more than one additional employees is at the premises; and
      (11)   The home business office of any trade or profession as long as no business activity is conducted on the premises; there is no exterior display or storage of products, merchandise or materials; and no employees report for work or conduct business activities at the premises.
   (C)   Conditional home occupations shall be permitted in compliance with the following conditions.
      (1)   A conditional home occupation shall be permitted in any residential zoning district within a residential dwelling unit and/or attached or detached accessory structure.
      (2)   All proposals for home occupations other than those permitted as administrative home occupations shall be considered conditional home occupations and shall be reviewed by the Board of Zoning Appeals in accordance with the provisions of this chapter.
      (3)   There shall be not more than two additional persons employed in the home occupation other than the resident occupants.
      (4)   There shall be no more than one conditional home occupation permitted per premises.
      (5)   All activity shall be conducted entirely within the dwelling unit and/or an attached or detached accessory structure and the use for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling and premises.
      (6)   The area used for the home occupation shall not occupy more than 50% of the gross floor area up to a maximum of 500 square feet and without limitation in an attached or detached accessory structure.
      (7)   There shall be a limited number of clients or customer permitted at the premises as determined by the Board of Zoning Appeals and in consideration of the specifically requested use and the potential impact to adjacent properties and the surrounding neighborhood.
      (8)   Hours of operation open to the public shall not begin before 8:00 a.m. or continue later than 9:00 p.m.
      (9)   There shall be no change in the exterior appearance of any building, structure or premises condition and no visible evidence of the conduct of such home occupation other than one sign, not exceeding five square feet in area, non-illuminated and mounted flat against an exterior portion of the building in which the home occupation is located.
      (10)   The sale of goods other than those produced on-site is limited to a maximum of 25% of the allowable gross floor area stipulated in division (C)(5) above or 25% of the value of stock inventory, whichever is greater.
      (11)   Any addition to a dwelling in order to accommodate a home occupation may be permitted so long as such addition remain residential in character and meet all other requirements of this chapter.
      (12)   No equipment process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, electrical disturbances or voltage fluctuation.
      (13)   There shall be not more than four additional parking places or one per employee proposed in conjunction with the home occupation or enough to meet the minimum parking requirements and specifications of §§ 153.145 through 153.160, whichever is less.
      (14)   Income from home occupations shall be reportable to the City Auditor and subject to the provisions of §§ 36.15 through 36.31.
      (15)   There shall be the payment of a permit fee as established by separate City Council ordinance.
   (D)   Certain types of home occupations that may have the potential to create greater impact upon adjacent properties and/or the character and general nature of a residential neighborhood shall not be permitted except by review and conditional use approval of the Board of Zoning Appeals, including, but not be limited to:
      (1)   Animal hospitals, kennels or obedience schools;
      (2)   Medical, dental or veterinary clinics with two or more practioners;
      (3)   Retail sale of merchandise, household goods or food products produced off-site and in excess of that permitted in division (C)(9) above;
      (4)   Automobile, truck, recreational vehicle, boat or small engine repair, detailing or painting;
      (5)   Eating or drinking establishments;
      (6)   Barber or beauty salons;
      (7)   Major appliance or large equipment repair;
      (8)   Art, music, dance, exercise or martial arts studios with more than five pupils on premises at any one time; and
      (9)   Facilities engaged in the fabrication of consumer products from wood, metal, plastic or other raw or pre-fabricated materials.
   (E)   The Board of Zoning Appeals shall additionally review all applications in accordance with § 153.234 and shall not approve a conditional home occupation if it is determined that it will constitute a nuisance. The Board shall have the authority to attach additional conditions and/or requirements to preserve the general character and nature of the neighborhood, minimize any potential adverse impacts of the proposed use and to ensure that a nuisance is not created.
   (F)   Any activity conducted in violation of this chapter or in violation of conditions of a permit issued shall be subject to the enforcement, violation and remedy provisions of §§ 153.195 through 153.201.
(Prior Code, § 27.05.10)