The purpose of this section is to permit commercial uses in residentially zoned areas provided that the uses are compatible with the residential character of the neighborhood.

(Ord. 1985-40, passed 8-6-85)

(a)

Home occupations are conditionally permitted uses in residentially zoned areas of the city and are approved by the board of zoning appeals in accordance with the requirements and procedures of this chapter.

(b)

Home occupations shall meet the following requirements:

(1)

Only one person other than a family member residing on the premises may be engaged in the home occupation on the premises;

(2)

The appearance of any structure on the premises shall not be altered nor shall the business within any structure be conducted in a manner which would cause the premises to differ from the residential character;

(3)

Accessory buildings may be used for the home occupation but the buildings must comply with the setback and other requirements pertaining to the district in which the building is located;

(4)

No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or which causes fluctuations in line voltage off the premises;

(5)

No traffic shall be generated by the operation of the home occupation which is greater, as determined by the city manager, than traffic volumes normally expected in the neighborhood;

(6)

Off-street parking requirements for the district shall apply. There shall be no parking in any front yard;

(7)

One non-illuminated sign, erected in compliance with the sign requirements of the zoning code, of not more than six square feet shall be permitted;

(8)

No space on the premises and outside of a principal or accessory building shall be used for storage or for any home occupation use; and

(9)

Not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(c)

The following shall exemplify those uses not considered as home occupations:

(1)

Animal hospital;

(2)

Barber shop or beauty salon, see chapter 1127.02, definitions;

(3)

Business school;

(4)

Clinic or medical center;

(5)

Dancing school;

(6)

Professional office;

(7)

Mortuary;

(8)

Music school;

(9)

Private club;

(10)

Equipment rental;

(11)

Repair or service establishment;

(12)

Restaurant;

(13)

Kennel;

(14)

Boarding house/tourist home; and

(15)

Garage sales beyond the permitted period as defined in section 1153.09.

(Ord. 1985-40, passed 8-6-85)

(a)

The home occupation approval process shall consist of the following steps:

(1)

Submission of a completed application, materials and fees to the office of the city manager;

(2)

The board of zoning appeals shall hold a public hearing;

(3)

Approval by the board of zoning appeals; and

(4)

Issuance of the zoning certificate by the city manager in accordance with the requirements of the board of zoning appeals.

(b)

Applications for home occupations shall be obtained from the office of the city manager and when completed shall be returned to that office. The application shall consist of the completed form, other required materials, and the required fees.

(c)

The city manager, upon receipt of the application shall transmit the completed application form to the board of zoning appeals within three working days.

(d)

The board of zoning appeals shall hold a public hearing. The public notice requirements found in section 1135.02(c) shall be followed.

(e)

The board of zoning appeals shall approve, approve with modification, or deny the application within 60 days after transmittal by the city manager.

(f)

Approval shall not be granted unless the following conditions have been met or exceeded:

(1)

All requirements of the district in which the proposed home occupation is to be located are met; and

(2)

All requirements of section 1167.02 are met.

(g)

Any change in the home occupation shall require prior approval from the board of zoning appeals in accordance with the process described in this section.

(h)

The board of zoning appeals may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in the zoning code so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.

(i)

The city manager shall issue a zoning certificate only in compliance with the approved requirements of the board of zoning appeals.

(Ord. 1985-40, passed 8-6-85)

The approval of the home occupation shall expire if within six months after approval the operation of the home occupation has not begun or if the home occupation has been discontinued for six consecutive months.

(Ord. 1985-40, passed 8-6-85)

Appeals from the board's decision shall be made to council in the manner prescribed in section 1135.02(g).

(Ord. 1985-40, passed 8-6-85)