In accordance with section 10-2-3 of this title, "home occupations" are defined as the conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in this chapter.
A. Procedure: "Home occupations" as defined in this section and in section 10-2-3 of this title shall be permitted only in accordance with the regulations prescribed in chapter 17 of this title and this section.
B. Uses Permitted: The following uses are permitted as home occupations:
1. Consultive professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods or products.
2. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere.
3. An office for labor contracting and for labor transportation services.
4. Mail order businesses, when all sales are done by written order with no commodities or displays or exchange of goods on the premises.
5. Drafting and designing services.
6. Clothes making and repair services.
7. Handicrafts such as weaving, leatherwork, jewelry, and other arts and crafts.
8. The giving of music lessons and similar occupations.
9. Offices for newly established service commercial businesses where said services are performed off site, not to exceed a two (2) year period commencing on the date that the home occupation permit is issued by the community development director, and in compliance with the policies contained in subsection D of this section. Extension(s) of said two (2) year period may be approved by the community development director, provided the community development director determines that the home occupation is being conducted in compliance with the standards contained in this section, further provided there is no protest or objection filed under subsections E and F of this section, and subject to the provisions of subsections E and F of this section.
C. Uses Prohibited: The following uses are expressly prohibited as home occupations:
1. The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including, but not limited to, automobiles, trucks, motorcycles or boats.
2. Repair, fix it or plumbing shops.
3. Beauty parlors or barbershops.
4. Healing arts.
5. Uses which entail the commercial harboring or grooming of dogs or other pets and animals.
6. Uses which entail food handling, processing, or packaging, other than specialized minor cooking or baking.
7. Sale of furniture, appliances and other bulky merchandise which involves on site storage and sales.
8. Spiritual advisory services (fortunetelling).
D. Standards: Before approving an application for a home occupation in accordance with the provisions of chapter 17 of this title and this section, the community development director shall determine that the proposed home occupation will comply with the following standards:
1. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.
2. A home occupation shall not be conducted in any accessory structure, other than a garage, and there shall be no storage of equipment or supplies in any accessory structure, other than a garage, or outside the dwelling, provided that any required off street parking space is maintained.
3. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.
4. Sale of goods shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.
5. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold or exchanged.
6. A home occupation may not involve the performance of any repair services on the premises.
7. A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses.
8. No motor power other than electrically operated motors shall be used in connection with a home occupation.
9. A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.
10. The building shall maintain the appearance of a single-family dwelling at all times. Window displays of products produced on the premises shall not be allowed.
11. The existence of a home occupation shall not be apparent beyond the boundaries of the site.
12. Not more than one vehicle used in connection with the home occupation shall be kept on the site. Vehicles used in conjunction with a home occupation shall comply with the provisions of subsection 6-2-5A of this code.
13. The number of customers of a home occupation who must travel to the site of the home occupation shall not exceed four (4) persons per day.
14. Any advertisement of the home occupation shall not include the residential address. A post office box and/or telephone number only is acceptable.
15. No use identified in the commercial zoning districts shall be permitted as a home occupation unless it conforms to the home occupation definition and policies described herein.
16. A home occupation shall not be permitted until an application for a home occupation permit shall be made to and approved by the community development director.
17. A business license shall be obtained for the home occupation and maintained at all times during its operation.
Upon approval of a permit for a home occupation, the community development director shall attach the above standards to the notice of approval as conditions which must, in all cases, be met by the applicant. Additional requirements or conditions may be added as deemed necessary by the community development director to maintain the integrity of the residential neighborhood in which the home occupation is proposed. (Ord. 94-003, 2-22-1994)
E. Notification Of Adjacent Property Owners: Upon receipt of an initial or renewal application and fee, the community development director shall mail a notice of the proposed home occupation to the owners of all properties, as shown on the latest equalized assessment roll, located adjacent to the property which is the subject of the home occupation request. Such notice shall identify the type of business proposed and the criteria that must be complied with. The notice shall also invite residents to respond to the proposed use or renewal within ten (10) days of the date of the notice.
F. Issuance Of Home Occupation Permit: At the conclusion of the ten (10) day period, a home occupation permit may be issued or renewed by the community development director if there have been no objections from adjacent property owners. The director shall review the home occupation application and approve, approve with conditions, or deny the permit based on the criteria for home occupations specified herein. The director shall prepare a home occupation agreement specifying the conditions of the home occupation permit. In the event of an objection(s) to the home occupation, the initial or renewal home occupation application shall be processed as an application for a conditional use permit application as provided in chapter 18 of this title, and the applicant shall be required to pay such additional fees as necessary to process the conditional use permit application. (Ord. 97-10, 6-10-1997)
G. Appeals: In the event the applicant is not satisfied with any condition or conditions of approval, or the application for administrative approval is disapproved, the home occupation may be appealed in the manner prescribed in section 10-17-5 of this title.
H. Modification And Revocation: A permit for a home occupation may be modified in the same manner as originally applied for by the applicant. A permit for a home occupation may be revoked in the manner prescribed under section 10-18-14 of this title.
I. Termination: A permit for a home occupation which is issued under the provisions of this section shall automatically terminate when the activity which is the subject of the home occupation is discontinued for a continuous period of twelve (12) months or upon the change in residence of the person or persons to whom the home occupation permit is issued; provided that this subsection shall not be interpreted as prohibiting the issuance by the city of a home occupation permit with a specified time limit. (Ord. 94-003, 2-22-1994)