(a) Intent. The intent of this section is to allow, within District I zones or areas (residential), certain business uses of property heretofore prohibited in District I zones, more commonly referred to as "home occupation uses". Generally, a home occupation will be allowable if it is not likely to intrude on the residential character and nature of a District I zone.
(b) Requirements. Any business or commercial activity conducted in a District I zone shall be a permitted use if such use complies with the following provisions:
(1) A home occupation shall be incidental to the use of a dwelling unit for residential purposes. No more than twenty-five percent (25%) of the floor area or 500 square feet used in connection with a home occupation use or for storage purposes in connection with a home occupation use. Floor area of a dwelling unit shall include garages (attached or detached), basements and habitable attic space in addition to the floor area of all heated and ventilated rooms within the dwelling unit. No accessory buildings shall be constructed for the exclusive use of home occupation.
(2) In no case shall more than one person who is not a member of the immediate family residing on the premises assist in the conduct of the home occupation use.
(3) In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 8:00 p.m.
(4) A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the dwelling unit is part of a multi-family structure.
(5) There shall be no change in the outside appearance of the building or structure, other than one sign limited to one square foot in area, non-illuminated, non-animated and mounted flat against the wall of the principal structure.
(6) No display of goods or services pertaining to such home occupation use shall be visible from outside the premises.
(7) There shall be no storage or sale of merchandise or stock in trade on the premises except raw materials used on the premises and products finished on the premises by the person engaged in the home occupation, with the following exceptions:
Samples of products for which orders are taken,
Temporary storage (not to exceed sixty days) of merchandise prior to delivery for mail-order, home party and door-to-door sales.
(8) There shall be no outdoor storage of materials, equipment, tools, supplies or products.
(9) Parking generated by the conduct of such home occupation use shall be met off the street. Parking in the "front yard" as defined in the general zoning ordinance is prohibited. Only one truck, panel truck, van or similar type vehicle may be parked at a home occupation address.
(10) No more than two vehicles of customers and/or delivery persons may be present at any one time.
(11) All materials, storage and use shall comply with NFPA Chapter 30, Life Safety Code Chapter 31, and the BOCA Building Code.
(12) The following are specifically prohibited as "home occupations": funeral homes, veterinary animal hospitals, any activity involving pet or animal cleaning or grooming, boarding kennels, grocery stores, commercial stables, boarding or rooming houses, commercial storage and commercial repair of vehicles or watercraft.
(c) Permit. Prior to beginning operation as a "home occupation use" as provided herein, the owner of the property upon which use is to be conducted shall obtain a permit from the City in accordance with the following:
(1) Obtain an application form,
(2) Submit the completed application to the Code Enforcement Officer of the City,
(3) The Code Enforcement Officer shall review the application and verify compliance with this and all other City ordinances,
(4) Either a permit or a rejection notice will be provided to the applicant within ten business days from receipt of the application by the City. A one-time processing fee of ten dollars ($10.00) shall be paid by the applicant at the time of application. Nothing contained herein shall operate to prohibit any permitted District I use as contained in other ordinances.
(d) Permit Revocation.
(1) The Code Enforcement Officer of the City shall have authority, after thirty days notice in writing to any person holding a permit hereunder, to revoke any permit issued where it shall appear to the Code Enforcement Officer that the application for the permit contains false or misleading information or that the permit holder has violated any of the provisions of this section, unless such permit holder shall, before the expiration of the thirty days, correct such false or misleading information and comply with the provisions of this section. Such revocation shall be in writing and shall be accompanied by findings of fact upon which such action of revocation was made.
(2) Any person adversely affected by any permit revocation by the Code Enforcement Officer shall be entitled to review thereof before the Board of Zoning Appeals; written request for such review shall be made within sixty days from the date of any such revocation. (Ord. 10-14. Passed 8-14-14.)