(A) Except as otherwise provided in division (E), a person desiring to engage in a home occupation in a SF, Single Family Residential District that does not occur in any accessory building shall submit an application for a permit on form(s) provided by the city for that purpose. The application shall be accompanied by the fee established from time to time by city ordinance.
(B) The City Administrator, or such other person designated by the City Administrator shall review and approve or deny the application within ten days of receipt by the city of a complete application with any required filing fee. If the proposed home occupation satisfies the requirements set forth and referred in § 150.131, the City Administrator or designee shall issue the requested permit.
(C) If the City Administrator or designee denies or fails to timely act on the permit application, the applicant may, not later than ten days following the sooner of the denial or the last day for timely action, appeal the decision or inaction to the City Council, without any additional fee. The City Council shall consider the appeal on the same basis and procedure used by the City Council on an application for a special use permit as provided in § 150.101, including review for compliance with all applicable restrictions and criteria, except that no prior consideration of the Zoning Commission shall be necessary.
(D) A person desiring to engage in a home occupation in a SF, Single Family Residential District to be conducted wholly or in part in an accessory building shall submit an application for a special use permit pursuant to the procedures set forth in § 150.101. Such application shall be accompanied by the fee established by the Council from time to time for such permits.
(E) The following professional and business activities shall be deemed not to constitute a home occupation if operated in compliance with the criteria set forth and referred in § 150.131(E), and so long as no license or certification is required for the activity, other than a personal license or certification to engage in the profession or trade:
(1) Garage sales and hobbies, as defined in § 150.007 do not constitute a home occupation. However, garage sales and sales to customers at the location of the residential property of plants, baked goods, wood, fruit, animals, or other goods, occurring more frequently than as described in the definition of garage sales in § 150.007 shall constitute a home occupation;
(2) Private music lessons to individuals;
(3) Production of artistic or artisanal works that do not involve more than incidental use of motorized machinery;
(4) Storage of goods for sale off the premises of the subject residential property;
(5) The offering of any goods or services for sale via mail, the world wide web, or other remote marketing means where the delivery of goods or performance of services occurs off site; and
(6) Business or professional activities conducted in the home by a resident of the home by use of telephone, or other electronic communication or data processing devices.
(F) Notwithstanding the general penalty for a violation of this chapter as provided in §§ 150.021 and 150.999, this division shall apply to a violation of the requirement to obtain a required permit for the conduct of a home occupation (in addition to any other applicable penalties where a special use permit is required and not obtained). Written notice of an alleged violation shall be provided by regular U.S. Mail and by certified mail to the last known occupant at the address where the home occupation is alleged to occur stating the nature of the violation and a general description of the activity alleged to constitute the home occupation. A period of 30 days shall be allowed for the violation to cease, except in the case of an activity constituting a nuisance a period of ten days shall be permitted to discontinue the activity. If the activity continues thereafter, prosecution of the offense pursuant to §§ 150.021 and 150.999 may be initiated, except that the period of violation up to the time of trial shall be punishable by a fine of up to $200. Subsequent offenses for similar activities involving the same property shall be punishable as provided in §§ 150.021 and 150.999. Nothing in this division shall be construed to prohibit the city from seeking enforcement by civil action and civil penalties as provided by law.