The purpose of this article is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this article is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact, and those which have potential for adverse effects upon surrounding properties.

(Zoning Ord., § 22.01; Ord. No. 02-2006, exh. 1(22.01), 6-5-2006)

Subject to the nonconforming use provisions of this article, all occupations, other than home offices as defined by 117-1, which are conducted in the home shall comply with the provisions of this article.

(Zoning Ord., § 22.02; Ord. No. 02-2006, exh. 1(22.02), 6-5-2006)

(a)

Permitted home occupations. Permitted home occupations, as defined in this article, are exempt from permitting and licensing requirements but shall comply with the applicable provisions of section 117-1227.

(b)

Interim home occupations. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this article shall require an interim home occupation license which shall be applied for, reviewed and processed in accordance with the procedural provisions of section 117-239.

(c)

Imposition of conditions for interim home occupation. The zoning administrator and city council may impose such conditions on the granting of an interim home occupation license as may be necessary to carry out the purpose and provisions of this article.

(d)

Effect of permit. An interim home occupation license may be issued for a period of one year, after which the license may be reissued for periods of up to three years each by the zoning administrator.

(e)

Transferability. Home occupation licenses shall not run with the land and shall not be transferable.

(Zoning Ord., § 22.03; Ord. No. 02-2006, exh. 1(22.03), 6-5-2006)

All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions.

(1)

General provisions.

a.

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.

b.

No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

c.

Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

d.

No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

e.

There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

f.

The home occupation shall meet all applicable fire and building codes.

g.

There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling except to the extent authorized by article XII of this chapter.

h.

All home occupations shall comply with the city nuisance regulations.

i.

No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and does not generate a demand for on-street or off-street parking.

j.

Excepting incidental materials, no commodities shall be sold on the premises.

k.

Not over 25 percent of any one story shall be used for a home occupation.

(2)

Permitted home occupations.

a.

No person other than those who customarily reside on the premises shall be employed without prior council approval.

b.

Not more than two clients or customers per day shall come to the premises in question for more than 30 minutes at the same time for purposes pertaining to the conduct of the home occupation.

c.

All permitted home occupations shall be conducted entirely within the principal dwelling, and may not be conducted in an attached garage or in an accessory building.

d.

On-street parking facilities shall not be utilized to accommodate parking demand.

(3)

Interim home occupations.

a.

No person other than those who reside on the premises shall engage in business activities on the premises without prior council approval. The business may employ others only if their work activities are performed off the premises.

b.

Examples of interim home occupations include: massage therapy, barber and beauty services, photography studio, lessons, saw sharpening, small appliances and small engine repair and the like.

c.

The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service but not sold on the premises, repair service or manufacturing which requires equipment other than customarily found in a home.

d.

Interim 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 zoning administrator 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.

(Zoning Ord., § 22.04; Ord. No. 02-2006, exh. 1(22.04), 6-5-2006)

Existing home occupations lawfully existing on July 1, 2000, may continue as nonconforming uses. Interim home occupations shall, however, be required to obtain licenses for their continued operation by July 1, 2000. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the chapter provisions under which it was initially established, shall be brought into conformity with the provisions of this chapter.

(Zoning Ord., § 22.05; Ord. No. 02-2006, exh. 1(22.05), 6-5-2006)

The city hereby reserves the right upon issuing any home occupation license to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this article or any conditions additionally imposed.

(Zoning Ord., § 22.06; Ord. No. 02-2006, exh. 1(22.06), 6-5-2006)