A. General. A Home Occupation is an accessory use of the primary dwelling unit permitted either by-right or by conditional use permit. Home occupations are generally conducted and located such that the average neighbor, under normal circumstances, would not be aware of their existence. The home occupation is generally carried on by a member of a family, residing on the premises, and is clearly incidental to the use of the structure for dwelling purposes and does not change the exterior character of the premises in any way.
B. Standards. The standards set forth in this Section are intended to ensure compatibility of the Home Occupation use with the residential character of the neighborhood. The proposed use shall be clearly accessory or incidental to the residential use of the main building to qualify as a home occupation use under this Section.
1. Home Occupation as Permitted Accessory Use. A home occupation where permitted, except for Day Care Group Homes, shall be considered a permitted accessory use when it complies with the following regulations:
a. Changes or alterations to the exterior of the building(s) that are inconsistent with the residential character of the building(s) or with the character of the surrounding area shall not be allowed. Such changes or alterations include, but are not limited to, construction of parking areas or garages at a scale exceeding the scale of such structures in the surrounding area.
b. Signs advertising a home occupation shall be strictly prohibited.
c. Exterior display or storage of materials or equipment, or any other exterior indication of the home occupation, shall be prohibited.
d. Emissions of noise, light, dust, gas, vibration, odor, smoke, or any other noxious matter emanating from the home occupation at a scale greater than that normally associated with the residential use shall be prohibited.
e. The home occupation shall not involve more than one (1) business caller or visitor at a time and not more than two (2) visitors per hour, nor commercial deliveries or outside services beyond those normal and incidental to the residential uses in the district.
f. The home occupation shall be conducted by a resident or residents of the dwelling unit only. No outside employees shall be employed at the site and not more than one (1) employee may report to the site for off-site employment.
g. No unusual load shall be placed on power, sewer, water, or other utilities as a result of the home occupation use.
h. External activity resulting from the home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
i. Storage of commercial vehicles used in conjunction with the home occupation is not permitted on the home occupation site. Up to two (2) commercial vehicles may be parked on the home occupation site if these commercial vehicles are used for both business and personal needs. Commercial vehicles must be parked in accordance with Section 21-823 of this Ordinance.
j. All home occupations shall be subject to the standards contained herein and shall be approved by the City prior to the initiation of any business activity.
k. A valid City sales tax and/or business license shall be obtained for the home occupation use.
2. Home Occupation as Conditional Use. A Conditional Use Permit for a home occupation shall be required in cases where any of the following conditions may result:
a. The home occupation use requires or uses storage or space accessory to the principal residence, will utilize or require outdoor or open storage of materials or will require or result in the construction or installation of additional parking on-site.
b. The home occupation use will produce or make noticeable the appearance of a non- residential use or will cause the emission of noise, light, dust, gas, vibration, odor, smoke, or other noxious matter from the premise.
c. The home occupation will have more than one (1) business caller or visitor at any one time, more than two (2) visitors per hour, or more than one (1) commercial delivery per business day.
d. Pedestrian or vehicular traffic will increase beyond what is considered normal and incidental to the zoning district in which the use is located.
e. An increased load will be placed on any of the power, water, sewer or other utilities.
f. The home occupation use will require the services of a single employee or assistant who is not a resident of the household.
3. Prohibited Home Occupations. Home occupations expressly prohibited shall include, but not be limited to, the following:
a. Personal service offices such as physicians, dentists, massage therapists, and barber and beauty shops.
b. Animal services such as commercial stables, dog grooming, veterinary offices, hospitals, and kennels.
c. Permanent real estate offices.
d. Restaurants.
e. Vehicle services such as repairing, painting, storage, washing, or sales, where vehicle is defined as any motorized or non-motorized means of transportation.
f. Sales of Permissible Consumer Fireworks.
g. Marijuana Dispensing, Cultivation or Manufacturing, except as provided in A.R.S. § 36-2852.
4. Violations. The City may deem any violation of the above conditions as just cause for the termination of the home occupation. In such cases, the City may issue a Cease and Desist Order, and, if the violation continues, file a criminal complaint in City Court.