(a) Use Restricted. Home occupations shall not be permitted, unless such use:
(1) Is otherwise lawful;
(2) Provides services and activities which are conducted entirely within the dwelling unit;
(3) Is conducted solely by the residents or inhabitants of the dwelling unit, together with no more than one employee on the premises;
(4) Does not change the residential character thereof;
(5) Is clearly incidental and secondary to the use of the premises as a residence;
(6) A. Fully conforms to all safety and fire codes;
B. Creates no fire or safety risks or dangers;
C. Requires no use or storage of any dangerous or hazardous or polluting substance;
D. Creates no noise or air pollution in addition to the normal conditions of the residential area;
E. Does not increase pedestrian or vehicular traffic or parking upon or around the premises considering the extent, degree, frequency and hours of activity to the extent that such activity disturbs the owners or occupants of abutting or neighboring dwelling units within 200 feet of the premises;
(7) Fully conforms to all other Housing Code requirements;
(8) A. Conforms to all habitable area requirements defined in Chapter 1482;
B. Does not occupy and is not located in any area used or designed for utilities or laundry or kitchen or bath or lavatory or boiler or heating/air conditioning plant or power source;
C. Does not occupy more than 10% of the habitable space or area within the premises excluding from such computation 50% of any basement area not otherwise used for utility purposes.
(9) Occupies no secondary or appurtenant structure other than for the purpose of storing motor vehicles and tools;
(Ord. 85-6. Passed 5-6-1985.)
(10) Does not involve or require loading, unloading, receiving, delivery, transport and/or shipping of products, merchandise or equipment. It shall be a defense to the foregoing that a dwelling unit, within which an otherwise lawful home occupation is conducted as provided in division (a) hereof, may receive occasional deliveries of materials, supplies and/or office equipment during normal business hours, defined as 8:00 a. m. to 5:00 p.m., which activity does not make or produce disturbing noise or sounds and which deliveries are necessary and incidental to the operation of such lawful home occupation within the dwelling unit.
(Ord. 97-12. Passed 5-19-1997.)
(11) Does not require or involve wholesale purchases for resale, or wholesale or retail sales or manufacture or assembly or storage or inventories or display of any products, merchandise or goods;
(12) Does not require or involve the posting of any sign upon the premises publishing or advertising such home occupation.
(b) Appeals. Upon a finding or determination by the Building Commissioner that a home occupation does not conform to division (a) hereof, the owner may appeal to the Board of Zoning Appeals, as in all other appeals, together with a registration statement in a form approved by the Director of Law.
(1) Zoning Board guidelines. In determining whether or not a use within a zoned residential district should be permitted as a "home occupation", the applicant shall first provide all information necessary or relevant for such determination to be made with respect to the manner of conducting and the effect which the proposed use as a "home occupation" may have upon the use for residential or dwelling purposes on the premises and within the vicinity of the premises. The Board of Zoning Appeals shall further consider any objections or evidence presented by neighboring residential users.
(2) Board of Zoning Appeals authority on appeal. On appeal of the owner, the Board of Zoning Appeals may issue a special permit renewable annually for any use sought or undertaken which is not in conformity with Sections 1240.15 and 1280.12, only after considering Chapters 1240 and 1250 and other applicable ordinances, as well as the recommendations of the Chief of Police, Chief of Fire, Building Commissioner and Mayor, to determine whether or not the proposed "home occupation" clearly detracts from or has a negative impact upon the residential character of the district or creates a safety or security risk within the immediate vicinity or inhibits or impairs the capacity of the City to otherwise regulate professional or business conduct.
(1982 Code, § 1125.13) (Ord. 85-6. Passed 5-6-1985; Ord. 99-45. Passed 12-20-1999.)