Center City City Zoning Code
CHAPTER 206
HOME OCCUPATIONS
§ 206.01 PURPOSE.
Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding neighborhood and that a home occupation remains accessory and subordinate to the principal residential use of the dwelling. The regulations recognize that many types of home occupations can be conducted with little or no effect on the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between Type I home occupations and Type II home occupations, so that Type I home occupations are allowed with the issuance of an administrative permit and Type II home occupations are allowed through a public hearing permitting process.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.02 PROCEDURES AND PERMITS.
(A) Type I home occupation. Any Type I home occupation, as described in this chapter, shall be required to obtain a home occupation permit from the city, so long as they meet the conditions and minimum requirements of this chapter. The home occupation permit shall be subject to payment of a filing fee as set forth in the city fee schedule and shall be processed according to the standards and procedures for a administrative permit as established by Chapter 198 (Administrative Permits and Approvals) and the information required for Type I home occupations shall be as specified in § 199.05 (Information Requirement) of this title.
(B) Type II home occupation. Any Type II home occupation, as described in this chapter, shall be required to obtain a home occupation permit from the city, so long as they meet the conditions and minimum requirements of this chapter. The home occupation permit shall be subject to payment of a filing fee as established by the City Council and shall be processed according to the standards and procedures for a conditional use permit as established by § 196.02 (Application and Procedure) of this title and the information required for Type II home occupations shall be as specified in § 199.05 (Information Requirement) of this title.
(C) Home occupation standards. Issued home occupation permits are not transferable. The permit shall be renewed biannually. The permit shall also be renewed if the home occupation is transferred to a new owner or operator, if the character or intensity changes, or if the location of the home occupation changes. All home occupation owners shall be required to complete an application describing its operations, to be kept on file with the city.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.03 CONDITIONS.
Home occupations shall be allowed only if they satisfy the following conditions:
(A) Maintain the integrity of the neighborhood and preserve the residential character of neighborhoods by encouraging compatible land uses.
(B) Provide residents of the city with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors.
(C) Assure that public and private services such as street, sewer, water, or electrical systems are not burdened by home occupations to the extent that usage exceeds that which is normally associated with the residence.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.04 GENERAL PROVISIONS.
All home occupations whether Type I or Type II, shall comply with the following general provisions:
(A) Machine shops, body shops, repair of internal combustion engines (other than small engine repair), welding, manufacturing, or any other objectionable use as determined by the City Council shall not be permitted as a home occupation.
(B) No manufacturing business shall be allowed.
(C) The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling.
(D) Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory buildings, or the property itself shall be prohibited.
(E) The home occupation shall meet all applicable Fire and Building Codes.
(F) Exterior display or storage of equipment or materials is prohibited, except personal automobiles used in the home occupation may be parked on the site.
(G) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of 1 directional or identification/business sign not to exceed 2 square feet in area.
(H) No home occupation shall produce light, glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
(I) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
(J) Shipment and delivery of products, merchandise, or supplies shall be limited to between 8:00 a.m. and 6:00 p.m. and shall occur only in single rear axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods.
(K) No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and will not require any on-street parking facilities. The City Council shall have the authority to further restrict the hours of operation as necessary to meet the purpose of this chapter.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.05 REQUIREMENTS, TYPE I HOME OCCUPATION.
(A) Description. Type I home occupations include and but are not limited to: art studio, tailoring, secretarial services, consulting services, professional offices such as legal, accounting, insurance, or computer technician and teaching with musical, dancing, and other instructions which consist of no more than 2 pupils at a time. Home occupations shall be limited to the performance of services only. In person retail sales from the premises are prohibited.
(B) Provisions.
(1) No person other than those who customarily reside on the premises shall be employed.
(2) All Type I home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings or attached garage.
(3) Type I home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.
(4) There shall be no separate business entrance.
(5) Infrequent client visits shall be permitted by appointment only.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.06 REQUIREMENTS, TYPE II HOME OCCUPATION.
(A) Description. Examples of Type II home occupations may include but are not limited to: barber and beauty services, massage therapy, dog-grooming, photography studio, group lessons, saw sharpening, small appliances and small engine repair, stock-in-trade, the marketing of non-over-the counter brand name products and the like.
(B) Provisions.
(1) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this chapter.
(2) On premises retail sales shall be prohibited except for the retail sales of products or goods used, produced or fabricated on the premises as a result of the home occupation and except for the occasional sale of items that are primarily sold mail order or sold over the internet or incidental to the products or goods produced or fabricated on the premises.
(3) A separate accessory building may be devoted solely to the Type II home occupation activities.
(4) Type II home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.07 NONCONFORMING USE.
Existing home occupations lawfully existing on the effective date of this title June 7, 2011, are subject to the provisions of Chapter 204 (Nonconforming Lots, Structure, and Uses) of this title and may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this chapter.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.08 INSPECTION.
The city hereby reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions imposed.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.09 CERTIFICATION OF TAXES PAID.
Prior to approving an application for a home occupation permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the home occupation permit application relates.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 206.10 VIOLATIONS.
Any home occupation found to be in violation of this chapter shall be served with notice from the city. If the violation is not corrected within 10 days, the license for the home occupation shall be revoked.
(Ord. 2011-06-07A, passed 6-7-2011)