(A) Permit required. The conduct of a home occupation, where permitted as an accessory use by the provisions of this title, shall be subject to issuance of a home occupation permit by the Administrator. Application shall be made on a form prescribed by the Administrator, and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform to the requirements of this chapter.
(B) Application contents. An application for a home occupation permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans and other material as requested by the Administrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance and title reports.
(C) Permit issuance and findings. After review of the application, the Administrator may issue a home occupation permit if he or she finds that the proposed use will conform to the requirements of this chapter. The permit may be subject to such conditions as the Administrator deems necessary to guarantee operation of the home occupation in accordance with the requirements of this chapter and compatibly with other uses in the vicinity. The Administrator shall deny the application if he or she finds that the proposed use will not conform to the provisions of this chapter, or would be injurious or detrimental to other properties in the vicinity.
(D) Permit time limit; renewal. Home occupation permits, when issued, shall be for a limited time period not exceeding one year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Administrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit.
(E) Requirements for permit. Where permitted, home occupations shall be subject to the following limitations.
(1) The use shall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof. A home child daycare facility shall be exempt from this requirement to allow outdoor play areas.
(2) Employees, other than inhabitants of the dwelling, shall not exceed one person at any time.
(3) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character of the property and neighborhood.
(4) The total floor area used for the home occupation shall not exceed one-fourth of the gross residential floor area of the dwelling, nor exceed 500 square feet. Home child daycare facilities shall not exceed one-half of the gross residential floor area of the dwelling, nor 1,250 square feet.
(5) There shall be no advertising, display or other indication of the home occupation on the premises.
(6) Selling stocks, supplies or products on the premises shall not be permitted, provided that incidental retail sales may be made in connection with other permitted home occupations.
(7) There shall be no exterior storage on the premises of material used in the home occupation.
(8) There shall be no noise, vibration, smoke, dust, odor, heat or glare noticeable at or beyond the property line, as a result of the home occupation. A home child daycare facility shall be exempt from this requirement to allow outdoor play areas.
(9) A home occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings and shall not interfere with parking, access or other normal activities on adjacent properties, or with other units in a multi-family residential development.
(10) No parking or storage of commercial vehicles in association with a home occupation permit shall be permitted on the site.
(F) Interpretation.
(1) For purposes of this chapter, provided that all requirements prescribed in this chapter are met, the following examples shall be considered home occupations:
(a) Activities conducted principally by telephone or mail order;
(b) Studios and activities producing light handcrafts or objects of art;
(c) Teaching and tutoring instruction limited to two pupils at a time;
(d) Dressmaking or apparel alterations; and
(e) Home child daycare facility.
(2) A home occupation shall not include: a clinic, funeral home, nursing home, tearoom, restaurant, antique shop, veterinarian’s office or any similar use.
(G) Permit revocation or discontinuance.
(1) A home occupation permit may be revoked by the Administrator if he or she determines that the provisions of this chapter or the limitations prescribed as a condition of the permit are being violated.
(2) A home occupation permit shall become void if not used within two months of issuance, or if the use for which it was issued is discontinued for a continuous period of six months.
(Ord. 8(1973) §§ 17.301 – 17.306; Ord. 17(2001) § 2; Ord. 29(2005) § 33)