A.   Purpose And Application:

      1.   Protect residential areas from adverse impact of activities associated with home occupations.

      2.   Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.

      3.   Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential zones.

   B.   Standards And Regulations: In all residential and agricultural zones, home occupations in compliance with the following regulations are permitted as accessory uses, and no special use permit shall be required in order to establish and maintain such uses:

      1.   A permitted home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

      2.   There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling.

      3.   There shall be no display of products visible in any manner from the outside of the dwelling.

      4.   There shall be no change in the outside appearance of a dwelling wherein there is the conduct of a home occupation.

      5.   No advertising display signs shall be permitted.

      6.   No one other than the residents of the dwelling shall be employed in the conduct of a home occupation.

      7.   The use shall not generate additional pedestrian or vehicular traffic. The number of customers of a home occupation who must travel to the site of the home occupation shall not exceed four (4) persons per day.

      8.   The use shall not require additional off-street parking spaces for clients or customers of the home occupation.

      9.   No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, electricity and garbage collection) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

      10.   The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed one ton, owned or operated by the resident of the dwelling, which shall be parked in an adequate off-street parking area.

      11.   No motor power other than electrically operated motors shall be used in connection with a home occupation. Home occupations shall not involve the use of electric motors of more than one and five-tenths (1.5) hp.

      12.   No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.

      13.   No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

      14.   A business license shall be obtained.

      15.   No commercial telephone directory listing, newspaper, radio or television service shall be used to advertise the location and/or address of a home occupation to the general public.

   C.   Urban Home Occupations: Urban home occupations which do not comply with the regulations set forth in subsection B of this Section may be permitted in all residential zones; providing, that a conditional use permit is first secured pursuant to the procedures referred to in Chapter 19 of this Title. Such urban home occupations shall comply with the following regulations:

      1.   An urban home occupation shall be conducted within a dwelling and/or garage and shall be clearly incidental to the use of the dwelling or garage.

      2.   There shall be no storage of equipment or supplies associated with the home occupation outside the dwelling or garage.

      3.   Unless otherwise determined by the Planning Commission, there shall be no sales of products or services not produced on the premises.

      4.   There shall be no display of products visible in any manner from the outside of the dwelling.

      5.   There shall be no visible evidence of the conduct of an urban home occupation.

      6.   An urban home occupation shall be limited in employment to residents of the property and not more than one additional person who is a member of the immediate family. "Immediate family" shall mean the spouse, parent, stepparent, child, stepchild, brother, sister or close relative residing in the household.

      7.   The use shall not generate additional pedestrian or vehicular traffic beyond that normal to the district in which it is located. The number of customers of a home occupation who must travel to the site of the home occupation shall not exceed four (4) persons per day, except that day care for up to twelve (12) children shall be allowed with State licensing.

      8.   No urban home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, electricity and garbage collection) so that the combined total use of dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

      9.   The home occupation shall not involve the use of more than a one-ton truck.

      10.   No home occupation shall be conducted between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M.

      11.   No motor power other than electricity-operated motors shall be used in connection with an urban home occupation.

      12.   No equipment or process shall be used in an urban home occupation which creates excessive noise, vibration, glare, fumes or odor detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the neighborhood.

      13.   No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

      14.   Modifications from the above regulations may be approved by the Planning Commission in individual cases if the modification is in accordance with the purposes set forth in subsection A of this Section. Additional requirements or conditions may be added as deemed necessary to assure that the urban home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the community.

   D.   Rural Home Occupations: Rural home occupations that do not comply with the regulations set forth in subsection B of this Section may be permitted in the RA Residential Acreage Zone, which is restricted to a minimum lot size of forty thousand (40,000) square feet or more, only if a conditional use permit is secured according to Chapter 19 of this Title. The rural home occupations shall comply with the following regulations:

      1.   A rural home occupation shall be clearly incidental and secondary to the use of the site for dwelling and agricultural purposes and shall not change the residential and agricultural character thereof.

      2.   A rural home occupation may be conducted within a dwelling and/or within an accessory building; provided, that all structures used shall be harmonious in appearance with the agricultural area.

      3.   Unless otherwise determined by the Planning Commission, there shall be no sales of products or services not produced on the premises.

      4.   There shall be no external alteration of the appearance of the property, the dwelling or accessory building in which the rural home occupation is conducted which would reflect the existence of said home occupation; except, that one outdoor advertising display sign, limited to eight (8) square feet of sign area shall be permitted.

      5.   A rural home occupation shall be limited in employment to residents of the property and not more than two (2) additional persons.

      6.   No additional points of access to any street, road or highway shall be permitted, unless necessary to provide safe access to the proposed use.

      7.   The use has not been found likely to become a nuisance by reason of odor, dust, smoke, gas or vibrations or may impose a hazard to health or property.

      8.   The number of customers of a home occupation who must travel to the site of the home occupation shall not exceed four (4) persons per day.

      9.   Modifications from the above regulations may be approved by the Planning Commission in individual cases if the modification is in accordance with the purposes of subsection A of this Section. Additional requirements or conditions may be added as deemed necessary to assure that the rural home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the community.

Certain uses have a demonstrated tendency to impair the uses and value of a residential district, due to their tendency to expand beyond the limits permitted for home occupations. Therefore, the following uses, regardless of their meeting the standard in this Section, shall not be permitted: animal hospitals or kennels, equipment rental, funeral chapel or home, medical or dental clinics, massage parlors, fortunetellers, beauty shops and barber shops, repair or painting of autos, trailers, boats and other vehicles, restaurants, welding or machine shops.

   E.   Permit Termination: Home occupation permits terminate at the time the applicant no longer occupies the premises. (Ord. 527, 8-4-1997)