The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Home occupation means the accessory use of a dwelling unit for a business or commercial venture engaged in, by the person residing in the dwelling unit, and which allows up to one person who does not reside on the premises to be employed by that home occupation.

(Ord. of 9-21-2009, § 4.5B)

The purpose of this home occupation article is to allow the secondary and incidental use of a residence for the conduct of appropriate occupations whose external activity levels and impacts are so limited as to be compatible with and not adversely affect the character of the surrounding neighborhood. Additionally, the city wishes to provide all residents freedom from excessive noise, excessive traffic, nuisances, fire hazards and other possible impacts of business activities being conducted in residential buildings.

(Ord. of 9-21-2009, § 4.5A)

The following objectives will be those standards provided to the code enforcement officer for guidance to determine if the proposed home occupation meets the appropriate standards set forth in the article:

(1)

The proposed home occupation will be conducted entirely within the dwelling unit, with the exception of required outdoor play areas at child day care homes, and shall not be extended to any accessory structures.

(2)

The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets will not create hazards to safety.

(3)

The location or operation of the proposed home occupation will not be detrimental to and adversely affect the use and values of existing development in the neighborhood or the health or safety of persons residing or working therein.

(4)

The provisions for exterior lighting will not create safety hazards for motorists traveling on adjacent streets and will be adequate for the safety of occupants and users of the site, and will not create a nuisance affecting adjacent properties.

(5)

The proposed home occupation will not unduly burden off-site sewer drainage or water systems.

(6)

The proposed home occupation will not create a fire/safety concern beyond what currently exists as determined by the fire department.

(7)

The proposed home occupation does not violate provisions of the zoning regulations applicable to the site or other applicable laws, regulations or ordinances.

(8)

The proposed home occupation shall not unduly impact the ability to provide municipal services.

(Ord. of 9-21-2009, § 4.5C)

A home occupation shall:

(1)

Require a permit, which shall be reviewed and renewed annually.

(2)

Be conducted entirely within the dwelling unit, with the exception of required outdoor play areas at child day care homes, and involve not more than one person other than members of the family residing in the dwelling, employed on the premises in conjunction with the home occupation.

(3)

Be clearly incidental and secondary to the use of the dwelling for residential purposes and not involve the use of more than 25 percent, or a maximum of 50 percent for child day care homes, of the habitable floor area occupied by the applicant. Marijuana caregivers cultivating in their residence shall be limited to a maximum floor area of 25 percent or 500 square feet, whichever is less.

(4)

Present only incidental visible exterior evidence of the home occupation. Structural alterations of the dwelling, related to the home occupation, shall be consistent with the residential character of the dwelling.

(5)

Exterior signage shall be limited to one nonilluminated sign, not exceeding a total area of two square feet in size.

(6)

Not involve the use of any accessory buildings located on the property, nor any exterior storage of materials used in the home occupation. Storage or use of any highly explosive or combustible material is prohibited.

(7)

Not involve any retail sales, other than incidental, which are associated with the home occupation.

(8)

Not involve deliveries or pickups made by vehicles larger than a single unit truck with three or fewer axles. Overall deliveries shall be limited to not more than five per week.

(9)

Provide one parking space on the property for each 150 square feet of area designated for home occupation use.

(10)

Not generate any offensive noise, vibration, smoke, dust, odors, heat or glare which is detectible to normal sensory perception at or beyond the property boundaries. The home occupation shall also not interfere with radio or television reception in the area.

(11)

Not involve the use, on the premises, of any equipment other than that normally used within a residential household or general office.

(12)

Only be permitted with the written consent of the property owner if the property is not owned by the applicant.

(Ord. of 9-21-2009, § 4.5D; Ord. No. 09-11022020, 12-21-2020)

(a)

A completed home occupation application, and fee in the amount provided in the city fee schedule shall and submitted. Fees for new home occupation applications will be prorated on a monthly basis to December 31 of the calendar year. The fees shall not be applied to businesses that are required to obtain a separate business license through the city for the same use.

(b)

The abutting property owners, as defined under article 60-1475, shall be notified in writing and given a 14-day comment period to raise issues of concerns with the proposed use of the property.

(c)

Decision and required conditions for the use of the property for a home occupation will be forwarded by the code enforcement officer within 21 days of the date of the application.

(d)

There shall be a 30-day appeal period from the date of the code enforcement officer's written decision.

(Ord. of 9-21-2009, § 4.5G; Ord. No. 11-03012021, § 38, 3-15-2021)

If either the applicant or the abutters to the proposed home occupation do not agree with the decision rendered by the code enforcement officer, that party has 30 days from the date of the code enforcement officer's letter to the applicant advising he of the decision. The appeal shall be made in accordance with section 60-1186. The board of appeals shall render its decision based on the criteria found in sections 60-735, 60-737 and 60-738 as applicable.

(Ord. of 9-21-2009, § 4.5H)

Home occupation applicants shall permit a reasonable inspection of the premises by the code enforcement officer on an annual basis. Any violation of the home occupation approval shall be followed up in accordance with section 60-1403.

(Ord. of 9-21-2009, § 4.5I)

The applicant will be required to pay a renewal fee in the amount provided in the city fee schedule for a home occupation permit on a yearly basis. The permit will be based on the calendar year with renewals occurring on January 1. There shall be a 30-day grace period for all renewals. If a home occupation permit has not been renewed during that time period a late fee in the amount provided in the city fee schedule will be charged.

(Ord. of 9-21-2009, § 4.5J)

Any person presently operating a home occupation in the city as defined herein, on the effective date of the ordinance from which this article is derived shall comply with the terms of this article by obtaining a permit within six months of the effective date of the ordinance from which this article is derived.

(Ord. of 9-21-2009, § 4.5K)