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(A) Purpose and intent.
(1) Establish criteria for operation of home occupations in dwelling units within residential districts;
(2) Permit and regulate the conduct of home occupations in a dwelling unit, whether owner or renter-occupied;
(3) Ensure that such home occupations are compatible with, and do not have a negative impact on adjacent and nearby residential properties and uses;
(4) Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupations to the extent that usage exceeds that normally associated with residential use;
(5) Allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria, while maintaining the character and integrity of the residential neighborhood;
(6) Enable the fair and consistent enforcement of these home occupation regulations; and
(7) Allow home occupations only in conformance with the regulations and performance standards set forth in this section.
(B) Performance standards. All proposed home occupations must meet the following performance standards in order to be permitted.
(1) Accessory use. Home occupation activities shall take place within a principal dwelling unit or within an attached or detached accessory structure. The maximum square footage of a home occupation is 300 square feet. Home occupations shall be clearly incidental and subordinate to the residential land use established on the lot or parcel being utilized. Home occupations are prohibited where there is no principal dwelling unit.
(2) Private recreation areas. Private recreation areas (e.g., swimming pools, tennis courts and riding areas) may only be used when conducting a home occupation clearly related to the recreation area being used.
(3) Number of home occupations. Multiple home occupations may be allowed at one single residence. All home occupations must be within the same 300 square foot area. All areas devoted to the home occupation shall maintain a residential appearance.
(4) Employees. The number of employees involves with a home occupation shall be limited to the residents of the principal dwelling unit on the site.
(5) Hours of operation. Clients shall only be received between the hours of 7:00 a.m. and 8:00 p.m.
(6) Clients. The number of clients that can visit the residence is limited to one client per hour, one at a time.
(7) Rental units. Home occupations that take place within rental units or mobile home parks must have the owner’s or manager’s written permission.
(8) Sale and display of merchandise. On-site display and sale or rental of goods/products is prohibited.
(9) Number of vehicles. Vehicles related to the operation of a home occupation shall be restricted to one, under one and one-half tons gross vehicle weight, per residence.
(10) Deliveries. Deliveries other than standard parcel services are prohibited when associated with a home occupation.
(11) Signs. One sign, totaling one-square foot is permitted in the window of the residence. Vehicles used in the home occupation can have signs of one-square foot attached to the doors that advertise the home occupation.
(12) Storage. Materials or goods associated with a home occupation shall be stored within the 300 square feet allotted for the home occupation. No material or goods associated with the home occupation can be stored outside.
(13) Nuisances. No equipment or activity shall be used in a home occupation that creates noise, vibration, glare, fumes, odor or electrical interference detectable from beyond the subject property boundaries. Noise levels shall not exceed those levels that are currently in existence in the neighborhood. The use of equipment, other than office equipment, shall be limited to the hours of operation listed in division (B)(5) above.
(14) Health hazards. No home occupation shall be detrimental to the public health, safety or welfare of the abutting neighbors or the neighborhood or city in general:
(a) Class A, B or C explosives, with the exception of hobby reloading as defined by the Uniform Fire Code;
(b) Class A, B poisons; flammable combustible liquids over five gallons, unless in a licensed vehicle or watercraft;
(c) Corrosive/oxidizing chemicals other that what are normally consumed on premises for normal use (drain cleaner, pool chemicals and the like);
(d) Hazardous materials as defined by the Environmental Protection Agency; and
(e) Pesticides registered under the Federal Insecticide, Fungicide and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1979, which are not used around the home for personal consumption. Home occupations requiring a permit/license from a regulatory body which do not involve the use of hazardous materials may be permissible, provided the occupation is in compliance with all applicable federal, state and local regulations. This prohibits home occupations that involve: hazardous materials that pose a detonation hazard, a deflagration hazard such as combustible dusts or flammable gases or materials that readily support combustion or contain corrosives and the fabrication of semiconductors.
(15) Mechanized equipment. Mechanized equipment shall be used only in a completely enclosed building within the 300 square feet designated for the home occupation.
(16) Access for inspection. Upon the receipt of a complaint, a City of Yuma Code Enforcement Officer or police officer may enter a structure housing a home occupation to investigate the complaint and determine whether or not the home occupation complies with the conditions of this section.
(17) Other applicable regulations. Home occupations shall comply with health codes, building codes and all other applicable local, state and federal regulations.
(C) Uses not permitted. The following types of uses shall not be permitted as home occupations in all residential zoning districts:
(1) Barber shop;
(2) Beauty parlor;
(3) Dance studio;
(4) Electrical repair shop;
(5) Massage parlor;
(6) Motor vehicle repairing services;
(7) Real estate or insurance office;
(8) Veterinary office and kennels or similar uses;
(9) Engine repair;
(10) Furniture refinishing;
(11) Medical/cosmetic facilities for animals including animal care or boarding facilities;
(12) Machine shop/metal working;
(14) Taxi service with more than one vehicle;
(15) Commercial insecticide, fungicide, herbicide or rodenticide operators; and
(16) Medical or dental office.
(D) Limited use home occupation.
(1) Merchandise parties. Merchandise parties (i.e., Tupperware, Avon, Mary Kay and the like) held for the purpose of soliciting sales shall be limited to no more than one party per month on the site of the home occupation;
(2) Contracting service. Contracting services must, in addition to, the performance standards listed in division (B) above, comply with all of the following additional performance standards:
(a) The contracting service is a sole ownership business;
(b) The contracting service has no employees other than those living in the home;
(c) There are no materials stored on the lot of the residence of the home occupation;
(d) There are no more than 1 one and one-half-ton vehicle associated with the business, parked at the home; and
(e) The home occupation can not serve as a headquarters or dispatch center, where employees come to be dispatched to other locations.
(3) Home occupation disclosure. Home occupation operators shall complete a home occupation disclosure form at the time of application of a business license.
(Ord. O2010-32, passed 7-7-2010)