No home occupation shall be established, maintained or continued in or upon any lot within the city that is not located within a residential zoning district. Further, no home occupation shall be established, maintained or continued in or upon any lot within the city unless approval of the specific home occupation requested by applicant for such lot is granted by the board of adjustment, after application, payment of application fee, public hearing, and written ruling issued by the board of adjustment specifically granting such home occupation for such lot, in strict compliance with all requirements and procedures set forth in this chapter.

(Ord. No. 2232, 8-8-2017; Ord. No. 2293, 2-14-2024)

In addition to all of the use limitations applicable in the zoning district or zoning classification in which applicant's lot is located, the board of adjustment shall not permit any home occupation on any lot unless applicant's proposed home occupation complies with all of the following restrictions:

(1)

Not more than one person who is not a resident on the premises shall be employed, and then only as an assistant;

(2)

Not more than 25 percent or 400 square feet of the floor area of a dwelling, whichever is greater, shall be devoted to the home occupation;

(3)

No alteration of the dwelling shall be made which changes the character and appearance thereof as a dwelling;

(4)

No stock-in-trade shall be displayed or sold on the premises where said stock-in-trade is visible to the public;

(5)

The home occupation shall be conducted entirely within the dwelling or in a permitted accessory building, and in no event shall such use be apparent from any public way;

(6)

There shall be no outdoor storage of equipment or materials used in the home occupation;

(7)

Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage;

(8)

No mechanical, electrical, or other equipment which emanates noise, electrical, or magnetic interference, vibration, heat, glare, or other nuisance outside the residential or accessory building shall be used;

(9)

No home occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, generation of emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions;

(10)

No sign, other than one unlighted sign not over one square foot in area attached flat against the dwelling or accessory building, and displaying only the occupant's name and occupation, shall advertise the presence of the conduct of the home occupation; and

(11)

All ventures associated with the home occupation which involves visitation by the public must be conducted within the hours of 8:00 a.m. and 5:00 p.m.

(Ord. No. 2293, 2-14-2024)

Editor's note— Ord. No. 2293, adopted February 14, 2024, amended § 23-9.2 as herein set out. Former § 23-9.2, pertained to procedure, derived from Ord. No. 2232, 8-8-2017, and has been amended, and renumbered as § 23-9.4, as herein set out.

(a)

Home occupations may include the occupations that meet the purposes, standards, and requirements of this chapter and in particular, may include, but are not necessarily limited to, the following:

(1)

Providing instruction to not more than two students at a time, except for occasional groups;

(2)

Daycare of not more than six non-resident children;

(3)

Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors, and similar professions;

(4)

Consultation or emergency treatment by a doctor or dentist, or any professional whose profession requires state license or certification but not the general practice of the profession;

(5)

Office facilities for ministers, priests, and rabbis;

(6)

Office facilities for salesmen, sales representatives, and manufacturer representatives when no retail or wholesale sales are made or transacted on the premises;

(7)

Studio of an artist, photographer, craftsmen, writer, composer, or similar person;

(8)

Shop of a beautician, barber, hairstylist, dressmaker, seamstress, tailor, taxidermist or similar person;

(9)

Homebound employment of a permanently, physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of the disability;

(10)

The preparation of food and drinks associated with catering services away from the dwelling;

(11)

The repair of electronic devices such as smart phones and computers;

(12)

Small engine repairs, provided all activities are conducted within the dwelling or an accessory building, and

(13)

The office of contractors, construction managers, and tradesmen whose work is performed away from the dwelling.

(b)

The following occupations or uses shall not be permitted as a home occupation:

(1)

Nursing homes;

(2)

Funeral homes, mortuaries, and embalming establishments;

(3)

Restaurants;

(4)

Stables, kennels, or veterinary hospitals;

(5)

Bed and breakfast homes, tourist homes or the letting of more than two rooming units;

(6)

Clinics, hospitals, or the general practice of medicine or dentistry;

(7)

Clinics, hospitals, or the general practice of counseling or psychological services;

(8)

Clubs, including fraternities and sororities;

(9)

The instruction of more than two students at any particular time;

(10)

Daycare for more than six non-resident children;

(11)

The repair of automobiles and large engines, as well as vehicle body work;

(12)

The retail or wholesale business of any kind involving transactions on the premises; and

(13)

Any occupation or use, regardless of whether it meets any description under subsection (a) above, that the board of adjustment, in its sole discretion, has not expressly authorized per the terms of written ruling issued to a particular applicant for a particular lot, and in strict compliance with all requirements and procedures set forth in this chapter.

(Ord. No. 2293, 2-14-2024)

Editor's note— Ord. No. 2293, adopted February 14, 2024, amended § 23-9.3 as herein set out. Former § 23-9.3, pertained to policies, and derived from Ord. No. 2232, 8-8-2017.

(a)

Written application shall be made by the lot owner to the zoning administrator identifying the lot for which home occupation is sought and describing the proposed home occupation use on such lot and reasons therefor; and which application shall be submitted with all of the following:

(1)

The written approval of the home occupation proposed upon applicant's lot by the owner of each residentially zoned lot that is immediately adjacent to or abuts applicant's lot.

(2)

The written approval of the home occupation proposed upon applicant's lot by the owner of each residentially zoned lot that is situated directly on the opposite side of any public street or right-of-way of any portion of applicant's lot, when extending the boundary lines of such lot across such public street or right-of-way to the applicant's lot.

(3)

The written approval of the home occupation proposed upon applicant's lot by the owners of 75 percent or more of the lots that are located within a residential zoning district and within 500 feet of applicant's lot.

(4)

Non-refundable application fee in the amount of $500.00.

(b)

If the lot upon which a home occupation is sought is owned by more than one person or entity, all record title co-owners of such lot must join in the application. If any lot identified in subsections (a)(1), (2) or (3) is owned by more than one person or entity, all record title co-owners of such lot must give his or her written approval of the home occupation proposed upon applicant's lot in order to be counted as a lot owner giving written approval.

(c)

The measurement of the distance set forth in subsection (a)(3) above shall be made by measuring in a straight line from the nearest point of any property line of applicant's lot upon which the home occupation is sought, to the nearest point of any property line of any such lot identified under subsection (a)(3).

(d)

Following applicant's satisfaction of all requirements under subsections (a) through (d) above, the zoning administrator shall review the application to determine whether such a use may be permitted as a home occupation on applicant's lot under the provisions of this chapter, and shall advise the applicant of its decision and the reasons therefor in writing.

(e)

Following the zoning administrator's determination that applicant is not prohibited under the provisions of this chapter from conducting the home occupation requested upon applicant's lot, the zoning administrator shall advertise for, schedule for public hearing, and place upon the agenda for a meeting of the zoning commission, a public hearing on applicant's petition for home occupation to be held before the zoning commission, and at which hearing the parties and citizens in interest shall have an opportunity to be heard.

(f)

Following the public hearing described in subsection (e) above, the zoning commission shall submit to the board of adjustment its report and recommendation for or against the home occupation requested by the applicant. The board of adjustment shall not take official action upon applicant's petition for home occupation until the report of the zoning commission has been received; provided, that, if such report has not been submitted to the board of adjustment within 45 days after the date of the public hearing, the board of adjustment may meet and take official action upon the home occupation petitioned for by the applicant.

(g)

The board of adjustment shall decide whether to grant applicant's petition for home occupation within 90 days from date of receipt of the report and recommendations of the zoning commission or from the lapse of 45 days from the date of the public hearing, whichever is longer, and shall issue to applicant its ruling, in writing, specifically granting or denying such home occupation for such lot; and if granted, setting forth any additional requirements or restrictions in connection therewith.

(h)

Should the board of adjustment grant the home occupation requested, applicant must commence actual operation of such home occupation within six months of the date of the issuance of such ruling.

(i)

Should the board of adjustment deny applicant's petition for home occupation, then re-submission of application for the same or similar home occupation for applicant's lot shall not be permitted within six months of the date of the issuance of ruling by the board of adjustment.

(j)

Applicant shall be responsible for and pay to the city the cost of reducing the transcript of all the testimony given at any hearing held under this chapter to writing.

(Ord. No. 2232, 8-8-2017; Ord. No. 2293, 2-14-2024)