The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
(a) No customary home occupation shall be permitted or carried on unless the customary home occupation complies with all of the following regulations:
(1) Customary home occupations shall comply with all local, State or Federal statutes, ordinances and/or regulations pertinent to the activity pursued; and
(2) The dwelling housing the customary home occupation shall be otherwise lawful and conform to all safety, fire, housing and building codes; and
(3) The customary home occupation shall be conducted wholly within the principal building and shall be incidental and subordinate to the use of the dwelling for residential purposes. Not more than twenty-five percent (25%) of the net floor area of the living area of any dwelling shall be used in the conduct of a customary home occupation; and
(4) No customary home occupations shall engage in any activity resulting in or creating noise, vibration, odors, glare, smoke pollution, electronic interference or other nuisance or safety hazard to any person or adjacent or nearby property or residence; and
(5) The customary home occupation shall not generate vehicular or pedestrian traffic abnormal to the neighborhood; and
(6) Trucks or other mobile equipment shall not be parked or stored in open yards. Any need for parking generated by the conduct of such home occupation shall be met on the driveway or parking area on the premises, but shall not be permitted in the public right-of-way; and
(7) Vehicles used for deliveries to or from a home occupation shall comply with the weight limits established for through traffic; and
(8) No more than a total of two vehicles for employees, patrons or customers of a customary home occupation may be permitted on the site of a customary home occupation at any one time. Vehicles used for the personal use (that is not used in conjunction with the customary home occupation) of the proprietor or owner of the customary home occupation shall not be included within the limitation of this subsection; and
(9) There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes; and
(10) The residential character of the dwelling exterior shall not be changed and there shall be no display that will indicate from the exterior that the building or premises are being used in part for any purpose other than that of a residential dwelling; and
(11) The customary home occupation shall not require or involve the posting of any sign upon the premises publishing or advertising such customary home occupation unless otherwise permitted by the Codified Ordinances and/or this Planning and Zoning Code; and
(12) Only goods produced or processed on the premises may be sold on the premises; and
(13) All storage of materials, goods, supplies or equipment related to the operation of a customary home occupation shall be inside the principal building; and
(14) There shall be no storage of materials hazardous to adjacent nearby property or persons; and
(15) No customary home occupation shall be permitted to employ more than one employee whose regular place of employment is at the residence or on the premises of the customary home occupation and who is not a family member occupying the dwelling unit; the name of such employee shall be registered with the office of the Zoning Administrator; and
(16) One automobile, truck or van used primarily for the customary home occupation shall be permitted to be parked or stored on the premises provided it complies with Section 1157.07
, and all other requirements of this Planning and Zoning Code.
(b) A home occupation shall be permitted only after a zoning certificate has been issued by the Zoning Administrator. Those uses which are questionable shall be reviewed by the Planning and Zoning Commission to assure that they are in character with this section and will not constitute an objectionable use of the residentially zoned property due to potential noise, increased pedestrian and vehicular traffic, or any other conditions that might interfere with the general welfare of the surrounding residential area.
(c) When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Zoning Administrator. Such termination may be appealed to the Board of Zoning Appeals. An undesirable condition may be identified as abnormal traffic, objectionable noise or any other condition not conducive to a residential neighborhood situation.
(Ord. 2006-35. Passed 5-25-06.)