(A) Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily “more sensitive” home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.
(B) Applicability of provisions. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming.
(C) Procedures and permits; fee.
(1) Permitted home occupations. Any home occupation as defined in this chapter shall require a “limited home occupation permit.” The permit shall be issued subject to the conditions of this section, other applicable city ordinances and code provisions, and state law. This permit may be issued by the Zoning Administrator or his or her agent based upon proof of compliance with the provisions of this section. Application for the “limited home occupation permit” shall be accompanied by a fee as established by City Council resolution. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the Planning Commission. The Planning Commission shall make a recommendation to the City Council, which shall make the final decision. Any permit issued shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this section have been breached. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit.
(2) Special home occupation.
(a) Generally; permit required. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a “special home occupation permit” which shall be applied for, reviewed, and issued in accordance with the procedural provisions of § 155.441.
(b) Declaration of conditions. The Planning Commission and City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this section.
(c) Term of permit.
1. Initial permit. An initial special home occupation permit may be issued by the City Council for a period of one year.
2. Renewal permit. After the initial one year permit in division 1. above, the Zoning Administrator may administratively reissue a special home occupation permit without following procedural provisions of § 155.441. The Zoning Administrator’s decision may be appealed to the Planning Commission in accordance with the procedure and requirements set forth in § 155.442(B)(4) of this chapter.
(d) Transferability. Permits shall not run with the land and shall not be transferable.
(e) Lapse of permit by nonuse. If, within one year after granting a permit, the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such petition shall be required in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(f) Reconsideration of application denial. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial unless a decision to reconsider such matter is made by not less than a four-fifths vote of the full City Council.
(g) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. The previous granting or renewal of a permit shall not constitute a binding precedent or basis for the renewal of a permit.
(D) Requirements—general provisions. All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions.
(1) General provisions.
(a) No home occupation shall produce light, glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
(b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.
(f) The home occupation shall meet all applicable fire and building codes.
(g) Exterior signage may be displayed identifying the presence of a permitted home occupation on the property, provided it complies with the regulations of § 155.496.
(h) All home occupations shall comply with the provisions of the City Nuisance Ordinance.
(i) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities.
(j) Customer visits to the home occupation shall be arranged by appointment with no more than one customer scheduled to be on the premises at any given point in time.
(2) Requirements—permitted home occupations. The following restrictions shall apply to permitted home occupations:
(a) The home occupation shall only employ persons who constantly reside on the premises.
(b) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in attached or detached accessory buildings.
(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway.
(d) Examples of permitted home occupations include: art studios, dressmaking, secretarial services, professional offices, teaching with musical, dancing, and other instructions which consist of no more than one pupil at a time, and a day care facility, not serving more than 12 children, as licensed by state statutes.
(e) The permitted home occupation shall not involve any manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; or over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.
(3) Requirements—special home occupations. The following restrictions shall apply to special home occupations:
(a) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-residential assistance and that this exception would not compromise the intent of this chapter.
(b) All special home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.
(c) Examples of special home occupations include: barber and beauty services, photography studios, group lessons, saw sharpening, small appliance, small engine repair, and the like.
(d) The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing, and other instruction of more than one pupil at a time.
(e) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.
(E) Nonconforming uses. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this section.
(F) Inspection. As a condition of any home occupation application and approval, the property owner shall grant license to the city to enter the property for periodic inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed.
(Ord. 110, passed 11-15-97; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0703, passed 7-10-07; Am. Ord. 0807, passed 10-14-08; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1905, passed 12-10-19) Penalty, see § 155.999
Cross-reference:
Nuisances, see Ch. 91