Chapter 25 ZONING ORDINANCE.
Article 21. Special Provisions.
Sec. 25-21-45. Home occupations.
(a) Findings of Fact.
(1) Home occupations provide the following
(A) Support opportunities for alternative employment forms that
are nurturing to a family environment by allowing one or both parents to remain
home during the day;
(B) Increase the number of people at home during the
day, which improves neighborhood safety;
(C) Act as "incubators" for small
business, which leads to increased commercial activity as businesses grow;
(D) Encourage telecommuting, thereby minimizing traffic congestion and
(b) Statement of Purpose. It is the purpose of this section
to recognize the home as a viable location for some occupations and to ensure
the compatibility of home occupations with the surrounding
(c) Definition. Home Occupation. "Home occupation: means any
accessory use conducted within a dwelling, accessory building or private
recreation area (such as a pool or tennis court) and carried on by the
inhabitants thereof, which use is clearly incidental and secondary to the use of
the dwelling for residential purposes and does not change the character thereof
or adversely affect the uses permitted in the residential zone of which it is a
(d) Performance Standards. No business registration (license) shall be
granted for any home occupation business located in the A-1 zone, any
residential zone, or in any residence unless the conduct and operation of the
proposed business meets each of the criteria listed below. Business license
applications will be reviewed by the city for their compatibility with the
residential zone in which they will be located.
(1) Accessory Use Only. The
use of the dwelling for home occupation shall be clearly incidental and
subordinate to its use for residential purposes. There shall be no outward
appearance of the home occupation. The home occupation may be conducted in the
principal dwelling or accessory structures on the subject property; provided,
that the area does not exceed twenty-five percent of the total livable area or
five hundred square feet (including inside storage areas), whichever is
(2) Structural or Design Modifications. There shall be no external
alteration of appearance to the dwelling or accessory structure in which a home
occupation is conducted which would indicate a business use. Garage conversions
(3) Number of Home Occupations. In no cases shall more than
two home occupations be conducted on a single site, and where there are two
permitted, the limitations of this section shall apply to the combined
(4) Owner Approval. Renters must obtain written approval of the
property owner prior to operating a home occupation. This written approval shall
be submitted with the business license application. The home occupation business
shall terminate upon withdrawal of said approval by the property
(5) Employees. Only the actual residents of the dwelling unit shall
engage in the home occupation.
(6) Clients/Patrons. The combined number of
clients/patrons that can attend the residence is limited to no more than one per
hour, with a maximum of eight per day.
(7) Hours of Operation. Home
occupations shall be conducted between the hours of 8:00 A.M. to 8:00 P.M.,
seven days per week. No patrons shall be received outside of these
(8) Number of Vehicles. Vehicles related to the home occupation shall
be restricted to standard noncommercial cars, trucks, and vans (one ton or
(9) Advertising on Vehicles. Not more than one vehicle advertising a
home occupation shall be permitted.
(10) Deliveries. Deliveries other than
standard parcel services are prohibited entirely as incompatible within
(11) Signs. Signs shall be prohibited in association with
(12) Storage. Storage of materials, goods, supplies or
equipment related to the operation of a home occupation in excess of what would
be considered normal for the zone is prohibited. Storage shall not be visible.
Storage must be enclosed within a building. Storage must comply with the current
edition of the Uniform Building Code and Uniform Fire Code.
Showrooms or other display arrangements shall be prohibited.
No mechanical equipment shall be used that creates visible or audible
interference in line voltage outside the dwelling unit or that creates noise,
odor, glare, smoke, dust or hazardous conditions not normally associated with
(15) Health Hazards. No home occupation shall be
detrimental to the public health, safety or welfare. Such prohibited uses
include those which involve the use of hazardous materials and uses which entail
the harboring, training or raising of animals.
(16) Nuisances. No equipment
or process shall be used in a home occupation which creates noise, vibration,
glare, fumes, odor, electrical interference or visual blight, and/or which
constitutes a nuisance as defined by the city’s nuisance
(17) Access for Inspection Purposes. The city may, at all
reasonable times during regular business hours, enter the premises for the
purpose of inspection to determine whether or not the home occupation is in
compliance with the conditions of this section.
(18) Other Applicable
Regulations. Home occupations shall comply with provisions of health code
requirements, relevant uniform building codes, applicable regulations of the
Alcohol, Tobacco, and Firearms Division of the Federal Department of Treasury,
and all other applicable federal, state or local
(e) Exemptions. Day care facilities for twelve or less persons
shall be exempted from this section.
(f) Prohibited Uses. A home shall not
be used for the following: (1) the use of hazardous materials of a type or
quantity not normally associated with residential uses; (2) uses which entail
the harboring, training, or raising of animals; (3) fortunetelling, tattoo
parlors and massage parlors; (4) automobile related activities, including auto
repair except for personal vehicles; (5) funeral homes; and (6) small engine
repair, including lawn mowers and chainsaws. Woodworking shall be confined to
noncommercial, hobby-type related activities.
(g) Fees. Applicants for new
or renewed home occupations/business licenses shall pay all appropriate fees
pursuant to the city fee schedule.
(h) Penalties. Any violation of the
provisions of this section shall be subject to enforcement under the applicable
provisions of the city’s nuisance ordinance. (Amended during the March