1177.03 CONDITIONAL USE.
   It is recognized that there may exist certain home occupations that fail to meet the criteria of 1177.02, but which may be appropriate for a residential area provided additional criteria are met through the Conditional Use procedure of Chapter 1111 including the requirements therein.
   (a)   Any home occupation, with the exception of a “Bed and Breakfast” as outlined in Section 1177.03(b), which fails to meet the criteria established in 1177.02 must obtain a Conditional Use permit and shall be limited by the following criteria and/or any other conditions as determined by the Planning Commission in order to protect the residential character of the subject area.
      (1)   Only members of the family residing on the premises shall be engaged in such occupation.
      (2)   The home occupation shall be incidental and subordinate to the residential use of the premises. Not more than the lesser of twenty percent (20%) or 400 square feet of the heated square footage of the premises shall be used in conducting the home occupation. Unheated square footage shall not be used in conducting the home occupation or in determining square footage allowed.
      (3)   Signage indicating the non-residential use of the premises is prohibited. The residential character of the dwelling shall be preserved and no structural alterations, construction features or site features of a nonresidential nature shall be incorporated. Any vehicle which is used in conjunction with the home occupation or profession, except for noncommercial personal vehicles bearing no advertising of the home occupation or profession must be garaged. No accessory buildings shall be used for the home occupation or profession.
      (4)   Only goods and services produced or provided on the premises may be sold on the premises. The nature and extent of compliance with this requirement shall be determined by the Planning Commission.
      (5)   The home occupation may not generate traffic in greater volume than normal for a residential neighborhood. The number of deliveries, pick-ups, origin or destination trips, or customer/client visits relating to the non-residential use of the premises shall not exceed five per day. Any need for parking generated by the home occupation shall conform to the off-street parking requirements of this zoning ordinance, and shall not be located in a required front yard.
      (6)   If the occupation is conducted in a single-family residence, no equipment or process may be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. If the occupation is conducted in other than a single-family residence, such noise, vibration, glare, fumes, odors, or electrical interference shall not be detectable to the normal senses outside of the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. There shall be no increased burden placed upon existing City services provided to the residence as a result of a home occupation.
   (b)   A “Bed and Breakfast” is a home occupation in an owner-occupied residence wherein lodging and breakfast are provided to transient guests for compensation; such provision is subordinate to the principal residential use of the structure. A Bed and Breakfast facility must obtain a Conditional Use permit and shall be limited by the following criteria and/or any other conditions as determined by the Planning Commission in order to protect the residential character of the subject area.
      (1)   Single-family, detached dwelling. A Bed and Breakfast shall only be permitted as a conditional use in a single-family, detached dwelling.
      (2)   Residential character. The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for Bed and Breakfast activities.
      (3)   Owner/operator. The owner/operator of the Bed and Breakfast shall live full-time on the premises.
      (4)   Employees. Only members of the family residing on the premises shall be engaged in such occupation.
      (5)   Guest rooms. A Bed and Breakfast shall have a maximum of three guest rooms with no more than two guest rooms sharing a single bath and no more than six (6) adult guests at one time. For the purpose of this section, “adult” means any person over the age of eighteen (18).
      (6)   Consecutive nights. The maximum length of stay for any guest is fourteen (14) consecutive days.
      (7)   Parking. Two (2) spaces plus one (1) space for each guest room shall be provided; the location and screening of said places shall be determined by the Planning Commission.
      (8)   Exterior appearance/signage. There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such Bed and Breakfast residence other than one sign, not to exceed two feet square in area and not internally illuminated. Said sign shall be mounted flat against the wall of the principal building or attached to a residential lamp post; the lamp post shall not exceed seven (7) feet in height nor be located closer than five (5) feet to any property line.
(Ord. 03-05(A). Passed 4-1-03.)