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(A) Intent. Home occupations shall be a permitted use in all residential zoning districts except as otherwise restricted in this chapter. The intent of these home occupation regulations is to:
(1) Protect residential areas from adverse impacts of activities associated with home occupations.
(2) Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.
(3) Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential zones.
(B) General Requirements. Home occupations require a permit from the Director of Planning and Development which is subject to the following restrictions.
(1) The primary use of the structure or dwelling unit shall remain residential, and the operator of the home occupation shall remain a resident in the dwelling unit.
(2) If the operator is a tenant, he or she shall provide a written letter from the property owner giving permission for the home occupation to be conducted on the property.
(3) No person may participate in, or assist with, the conduct or operation of the home occupation except:
(a) Individuals who are residents of the dwelling unit as mentioned above;
(b) Individuals whose sole participation in the use and operation of the home occupation is financial in nature;
(c) With the exception of child care homes, a non-resident assistant, subject to the following requirements and limitations:
1. Participation by the nonresident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation;
2. The nonresident assistant shall not participate, totally or partially, in the capacity of an additional operator of the home occupation, as an additional practitioner of the professional, craft, or occupational service of the operator, or as a partner or professional associate thereof;
3. Participation by the nonresident shall be limited to 40 hours per week;
4. No more than one resident assistant shall be permitted. If more than one home occupation is conducted in the same dwelling unit, a nonresident assistant shall be permitted for only one of the home occupations.
5. No nonresident assistant shall be permitted at beauty shops, barber shops, or other similar businesses with a regular flow of customers.
(4) No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted., nor shall nonstructural changes be made that would tend to lend a commercial appearance to the site, such as construction of parking lots, paving of required setbacks, or addition of commercial exterior lighting.
(5) The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. With the exception of Child Care Homes, no more than six hundred (600) square feet or twenty-five percent (25%) of the total square footage of the dwelling unit, whichever is lesser, shall be used in conduct of all home occupations operated from a property.
(6) Such home occupations shall be conducted entirely within the principal building with the exception of outdoor play areas for child care homes. An accessory structure may be utilized on a property of five (5) acres or more in area and in such cases, no more than six hundred (600) square feet or the twenty-five percent (25%) of the total square footage of all structures on the property, whichever is less, shall be used to conduct the home occupation.
(7) No additional and separate entrance to the structure incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
(8) No more traffic shall be generated by a home occupation than would normally be expected in a residential neighborhood. Any deliveries to the business shall be done by a truck with a single rear axle.
(9) No provision for more than one (1) extra off-street parking space, other than the requirements and the permitted facilities of the zone district, shall be permitted. No additional driveway to serve such home occupations shall be permitted.
(10) No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one square foot in total surface area.
(11) In-person retail sales or services are limited to goods grown, produced, or assembled on the premises, and to sales that are incidental to, and a part of, the primary function of the home occupation such as hair styling products sold as part of the hair styling operation.
(12) No stock in trade or commodities, other than those prepared, produced, or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
(13) No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.
(14) Hours of operation of the home occupation shall not interfere with the use and enjoyment of adjacent residential properties.
(C) Exempt Uses. Uses where the occupant utilizes a telephone or computer for "business" activity but does not receive customers or products shall be exempt from this classification as a business or home occupation provided all of the other conditions of the home occupation are met.
(1) Application. Application for a home occupation shall be filed with the Director of Planning and Development on a form provided by the Director. A child care home must comply with all applicable city ordinances and state and Federal statutes and regulations including licensing. A copy of the state license to operate a child care home shall be provided to the Department upon receipt. An applicant for a Home Occupation Permit shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the Common Council. The current fee schedule is found in Appendix A, "Schedule of Fees, Charges, and Expenses." The Director of Planning and Development will make a decision and notify the applicant in writing no later than fifteen (15) calendar days from the date the application is received.
(2) Scope. In cases where the Director considers the application not within the scope of the home occupation criteria, the application shall be denied.
(3) Time Limit and Renewals. All home occupation permits shall be valid for a period of one (1) year from initial date of approval. Home occupation permits may be renewed annually provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Department of Planning and Development in writing one (1) month prior to the expiration of the permit. The fee must be paid upon approval of the permit, and prior to the expiration.
(4) Voiding of Permit. The Director may void any home occupation permit for non-compliance with the criteria set forth in this division (C). Revocation may take place at anytime prior to the expiration date of the permit. If the permit is revoked, or is not renewed, it becomes invalid and said use shall be terminated.
(5) Appeal of Decision to the Board of Zoning Appeals. The decision of the Director concerning approval, denial, or revocation shall be final unless a written appeal is filed with the Board of Zoning Appeals within ten (10) calendar days of the decision. An appeal may only be filed by the applicant or persons residing within six hundred and sixty (660) feet of the subject property.
(6) Notice to Parties. Applicants for a new home occupation permit shall be required to send a notice by certified mail records of this county. Such notice shall be prepared by the Department of Planning and Development to all property owners of property within 660 feet or two adjacent properties whichever is less of the subject tract. The owners shall be identified as recorded in the office of the Hamilton County Recorder, or as it appears in the Department of Planning and Development and shall include the following:
(a) Statement that a home occupation permit application has been filed at a given location;
(b) A brief description of the particular home occupation applied for;
(c) Address and phone number of the Department of Planning and Development determines that the application complies with all legal standards set forth in this chapter.
(7) Issuance of Permit. Upon completion of the required certified mail notices, and a determination that the application is in compliance with the Unified Development Ordinance, the Director of Planning and Development shall issue the permit no sooner than ten (10) days after and no later than fifteen (15) days after the certified mail notice date.
(8) Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Director, or his designee, to determine compliance with these provisions. Home occupations shall be field checked annually by the Director, or his designee, to determine compliance.
(9) Renewal. Home occupation permits may be renewed annually provided there has not been any violation of the provisions of these provisions. Requests for renewals shall be submitted to the Department of Planning and Development in writing, accompanied by the prevailing renewal fee, one month prior to expiration of the permit. Renewals shall not be subject to the notice requirement under division (D)(5) of this section. Renewals shall not be subject to the notice requirement under division (D)(5) of this section.
(10) Homeowner's Associations. If the proposed home occupation is within the jurisdiction of a homeowners' association, and the homeowners association has recorded legally binding rules governing home occupations, the proposed home occupation is still subject to those rules. Approval of a home occupation permit by the City shall not be construed as approval by the homeowners association.
(E) Prohibited Uses. The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:
(1) Medical Offices;
(2) Dental Offices, Law Offices and Real Estate Offices;
(3) Houses of Worship;
(4) Boarding Houses, Time Share Condominiums;
(5) Dance Studios;
(6) Any type of repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, scooters, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines;
(7) Restaurants, Taverns;
(8) Private Clubs;
(9) Painting of Vehicles, Trailers, or Boats;
(10) Welding, Tooling, or Machine Shops;
(11) Hair Styling Salons with two or more customer chairs;
(12) Massage Parlors or Massage Studios;
(13) Private Schools with Organized Classes;
(14) Tool and Equipment Rental;
(15) Landscaping and Tree Services;
(16) Major Appliance Repair or Service;
(17) Operations requiring a Federal Firearms License of Type 02, Type 06, Type 07, Type 08, Type 09, Type 10, Type 11, or any combination of these Types; and
(18) Therapy and Counseling Services.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 26-7-97, passed 9-29-97; Am. Ord. 33-6-04, passed 7-13-04; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 53-10-15, passed 11-10-15; Am. Ord. 37-10-20, 10-27-20) Penalty, see § 159.999