Statement of Intent. This section on home businesses intends to allow for limited commercial activity accessory to a dwelling in designated districts when in conformance with the following standards for approval. A home business is allowable only on a lot, tract, or parcel of land which contains an occupied dwelling in which the owner of the business resides and in compliance with the standards contained herein.
1. Standards for Approval. A home business shall satisfy the following standards:
A. It shall be service and/or product oriented.
B. The owner or co-owner of the home business shall reside in the dwelling on the lot, tract, or parcel of land where the home business is located as their primary place of residence.
C. At no time shall activities associated with a home business occupy more than 49 percent of the total gross floor area of a dwelling.
D. Not more than one accessory building may be utilized for the home business (in zoning districts where accessory buildings are allowed for home business use). A new accessory structure erected for a home business shall not be more than 2,400 square feet of gross floor area. No more than 2,400 square feet of an existing accessory structure shall be used. If a portion of an accessory structure is proposed to be used or there are multiple accessory structures on a parcel, internal inspection as part of the initial review and biennial review may be required.
E. It shall not be objectionable to its surroundings due to nuisance factors such as exterior appearance, the emission of odor, gas, dust, smoke, noise, or in any other way. Emissions of odor, gas, dust, smoke, noise, or other nuisance factors shall not be detectable at the property lines.
F. The home business shall be owned and operated by the occupant of the dwelling.
G. Parking of service vehicles as defined in Section 85.08, Definitions, is subject to the following requirements:
(1) Not more than two service vehicles may be parked at one time outside the home business located in the A-1 Agricultural District.
(2) Service vehicles not in use may be permitted in areas visible from the road right-of-way and adjacent properties when the property is zoned A-1 Agricultural.
(3) In the A-R Agricultural Residential, R-1 Transitional Residential, and R-2 Urban Residential Districts, all service vehicles shall be fully enclosed within a building.
H. Outside storage or display of products shall not be allowed.
I. It shall not create traffic or delivery concerns in the immediate area. In combination, all home business activities shall not generate traffic (client, employee, and delivery) substantially greater than ten (10) visits (20 trips) a day. In addition, it shall not receive more than one (1) freight delivery or send more than one (1) freight shipment a day. Any visit to the premises by off-site employees of the home business shall be considered the same as a "client" visit and shall comply with the requirements set forth in sections J and K.
J. No more than five (5) parking spaces shall be provided for clients, employees, and deliveries, and the parking of no more than five (5) client, employee, and delivery vehicles at any one time shall be permitted.
K. Home businesses may provide classes; however, classes shall not cause the home business to exceed traffic and parking standards.
L. A home business shall not be a use listed in Table 90-1, the Table of Conditional Uses unless otherwise allowed, a use listed as a principal permitted use in the HI Heavy Industrial District, or a use that involves the storage and distribution of chemicals such as liquid propane or anhydrous ammonia.
M. All hazardous chemicals or substances and amounts shall be disclosed as part of the permit application. The application may be routed to the Story County Emergency Management Agency and the applicable fire chief to ensure neighboring properties shall be adequately safeguarded from fire or other hazards posed. All local state, and federal storage, handling, and disposal requirements shall be met.
N. The Story County Environmental Health Department shall review the impact of the proposed home business on the private sewage disposal system and the private sewage disposal system shall meet the requirements of Chapter 65 of the Story County Code of Ordinances.
O. Diminishment or impairment of established property values to adjacent properties shall not be created from the home business.
Q. All general site planning standards in accordance with Chapter 88, General Site Planning Standards, and all applicable supplemental standards shall be met.
2. No Home Business Permit Required. If a home business meets the above standards of approval in Section 89.01(1), in addition to the following standards, it shall not require a home business permit. However, to ensure the standards are met, the Director or their designee may request information about the operation, including, but not limited to, the number of employees, amount of customers, and interior and exterior plans.
A. All home business activities shall generate traffic (client, employee, and delivery) less than ten (10) visits (20 trips) a day. Any visit to the premises by off-site employees of the home business shall be considered traffic-generating activities and shall comply with the requirements set forth herein.
B. The home business shall not receive or send freight deliveries or shipments.
C. There is no parking area for clients, employees, and deliveries, or the parking area is not visible from the road right-of-way or adjacent properties.
D. All service vehicles shall be fully enclosed within a building. No parking of service vehicles shall be permitted to occur outside anywhere on the lot, parcel, or tract where the home business is located.
E. There shall be no signage or other discernible evidence of the home business operation.
3. Conditions of Approval. A home business shall not be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, obnoxious, or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, and vibrations, refuse matter or water-carried waste. All facilities required for the discharge, collection and treatment of liquid, solid or gaseous wastes shall be designed, constructed, and operated in accordance with all statutes and regulations of Story County and the State of Iowa. Conditions of approval addressing such impacts shall be established pursuant to this section and such conditions shall be listed on the home business permit and other applicable permits as outlined in the Ordinance.
4. Minimal Easing of Requirements.
A. Home businesses that have demonstrated compliance with the above standards for home businesses for a minimum of one year and have plans for minor expansions or deviations of the Standards for Approval, may request a minimal easing of the home business requirements due to the nature of the home business, other unique circumstance, or growth.
B. Applicants shall submit an application and written request for review to the Planning and Development Director. The application submittal shall include reasons for the request, the standards from which a minimal easing of requirements is requested, a site development plan showing existing and proposed site improvements and meeting the requirements of Chapter 88, General Site Planning Standards, and other related materials.
C. The Planning and Development Director may approve the request if it is anticipated there will be no discernible impact on neighboring properties, the general public, or those intended to use or occupy the existing or proposed home business. If approved by the Planning and Development Director, the minimal easing of the requirements shall continue with the duration of the home business and home business permit while it remains valid. If the Planning and Development Director, after review of the submittal determines the request is more than a minimal easing of the Standards for Approval, a Conditional Use Permit for a significant easing of the requirements may be required.
D. A minimal easing of the standards shall be consistent, comparable, and not more extensive than the following: adding up to two additional on-site employees, adding up to two additional parking spaces, creating an outdoor storage area (less than 500 square feet) that is or will be screened from adjacent properties or the road right-of-way, or adding a shed for storage not greater than 120 square feet in size.
E. The minimum easing of the standards shall not be objectionable to its surroundings due to nuisance factors such as exterior appearance, the emission of odor, gas, dust, smoke, or noise.
F. If the minimal easing request is for outdoor storage, the square footage of outdoor storage or display of products shall count towards the allowed gross floor area of a dwelling or accessory building permitted to be utilized by a home business and the screening requirements in Section 88.10 of the Story County Land Development Regulations shall be met.
G. Home business owners may appeal a decision by the Planning and Development Director to the Board of Adjustment as identified in Chapter 92.02.
5. Significant Easing of Requirements.
A. Home business owners that have demonstrated compliance with the standards for home businesses for a minimum of one year and that have plans for more significant expansions or deviation of the requirements due to the nature of the home business, other unique circumstances, or growth may submit a Conditional Use Permit application to be reviewed by the County under the process identified in Chapter 90.03 Application for Conditional Use Permit.
B. Applications may only be submitted for significant expansions that are temporary and include plans to transition from the current home business location to a permanent location zoned for the home business use.
C. Before an applicant may submit a conditional use permit application, the applicant shall attend a conceptual review meeting with County departments and other applicable entities as appropriate. The applicant shall submit a conceptual review application prior to the meeting, including a proposed site development plan and a narrative of the proposed development. A conceptual review meeting may be waived, upon written request to the Director or their designee, by all members of the Interagency Review Team.
D. Applicants shall submit a Conditional Use Permit application, written narrative, the requested timeframe for transitioning the home business (not greater than three years), standards from which a significant easing of the requirements is requested, a site development plan showing existing and proposed site improvements and meeting the requirements of Chapter 88, General Site Planning Standards, and other related materials as requested by Planning and Development staff.
E. The maximum period an applicant may request before transitioning to a permanent location zoned for the home business use is three years. Applicants may request a one-time extension, not to exceed up to two years, through a Conditional Use Permit modification application submittal to be reviewed under the process identified in Chapter 90.03, Application for a Conditional Use Permit.
6. Biennial Renewal. The home business permit is required to be renewed once every two years by completion of a renewal application.
7. Violation of the Standards for Approval. Any home business not operating within the Standards for Approval as described in Section 89.01(1) or 89.01(2) of this section shall be subject to Section 92.11, Enforcement, and may be subject to an annual or semiannual inspection with conditions as needed as a follow-up to the inspection.