(a) Findings of Fact.
(1) Home occupations provide the following benefits:
(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; and
(D) Encourage telecommuting, thereby minimizing traffic congestion and air pollution.
(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 neighborhood.
(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 part.
(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 less.
(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 are prohibited.
(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 uses.
(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 owner.
(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 hours.
(8) Number of Vehicles. Vehicles related to the home occupation shall be restricted to standard noncommercial cars, trucks, and vans (one ton or less).
(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 residential zones.
(11) Signs. Signs shall be prohibited in association with home occupations.
(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.
(13) Showrooms. Showrooms or other display arrangements shall be prohibited.
(14) Equipment. 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 residential uses.
(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 ordinance.
(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 regulations.
(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 2009 supplement.)