(A) Purpose of standards. Recognizing that unrestricted use of residential properties for purposes of an occupational nature other than that normally associated with home living has a detrimental effect on both the residential area in which the occupations are conducted and the areas properly designated for such uses and further recognizing that this detrimental effect results in the depreciation of values, welfare, happiness and morale of the entire community, it is the purpose of this section to eliminate this detrimental effect by creating performance standards for the establishment and conditions for the operation and continuance of home occupations.
(Prior Code, § 56-430)
(B) Definition.
HOME OCCUPATION. Any occupation or activity carried on in a dwelling by a member of the immediate family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof. No outside storage, buying or selling of a commodity on the premises will be permitted. In connection with a home occupation, no sign or display other than a nameplate not more than 2 square feet in area shall be used to indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. Uses that generate traffic or parking problems or that would change the residential character of the immediate neighborhood shall not be deemed to be suitable for home occupation permits.
(Prior Code, § 56-431)
(C) Application. An application for a home occupation shall be made to the city's Development Department on a form provided and approved by the Development Director or his or her designee. The application shall set forth the name of the property owner, name of the occupant if different, their addresses, phone numbers, the location of the home occupation, identification of area where the occupation will occur, a description of the home occupation, number of persons employed, hours of operation, materials produced, used on the occupation and types and sizes of vehicles used on the home occupation including the area for parking, signature of owner/operator of the home occupation agreeing to comply with the city home occupation performance standards and such other pertinent information required or deemed necessary by the Director of Development or his or her designee to determine the applicant's conformance to the home occupation performance standards.
(Prior Code, § 56-432)
(D) Filing fee. A fee prescribed in the City Council's annual resolution of service charges shall be paid to the Development Department.
(Prior Code, § 56-433)
(E) Permit application approval. No home occupation shall be conducted in a residential zoning district until the Development Director or his or her authorized agent has approved the home occupation permit application and found all compliance with the home occupation performance standards identified in division (F) below. A home occupation application is valid for 5 years from the date of approval.
(Prior Code, § 56-434)
(F) Performance standards. The performance standards for a home occupation are as follows:
(1) No employment outside the immediate family;
(2) Incidental and secondary to the use of the dwelling for dwelling purposes;
(3) Does not change the residential character of the home or neighborhood;
(4) No storage outside;
(5) No signage except a 2 square feet or smaller nameplate at the entrance to the home;
(6) The home occupation shall not generate pedestrian or vehicular traffic beyond the normal to the district in which it is located. Normal is 4 trips per day;
(7) No parking problems;
(8) Limited to use of the main building only;
(9) Limited to use of normal residential vehicles. No commercial rated vehicles except for delivery step van vehicles (see § 76.16);
(10) No unusual sounds/noises beyond those normally found in a residential area;
(11) No noxious odors annoying to a person of average sensibilities residing in a residential zone; and
(12) Buying or selling of a commodity on the premises is limited to incidental sales totaling no more than 10% of total gross income generated by the use.
(Prior Code, § 56-435)
(Ord. 3175, § 2, 7-7-1998; Am. Ord. 3840, § 1, 4-3-2012)