Urban home occupations shall be considered special uses. The establishment and continuance of an urban home occupation shall be subject to the following requirements:
(A) Such use shall be conducted entirely within a dwelling and carried on by not more than two individuals, at least one of whom is the principal occupant.
(B) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.
(C) The total area used for such purposes shall not exceed the equivalent of one-fourth of the floor area, in square feet, of the first floor of the user's dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of 300 square feet shall be allowed.
(D) There shall be no advertising, display or other indications of a home occupation on the premises except as provided in § 40-4-15.
(E) There shall not be conducted on the premises the business of selling from stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.
(F) There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material.
(G) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
(H) A home occupation which includes studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than two parking spaces, plus the space required for the dwelling unit. Such parking shall be provided on the same lot as the home occupation.
(I) A home occupation shall not be located in any garage, storage building, or accessory building.
(J) A home occupation shall not include the following: clinic, hospital, mortuary, funeral home, nursing home, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian's office, or use similar to any of the foregoing excluded uses.
(K) If the Zoning Board of Appeals determines a home occupation is in violation of any of the requirements of this section, then the Zoning Administrator shall revoke the special use permit.
(Ord. 1070, § 40-4-5, passed 7-20-1998) Penalty, see § 1-1-19