Cumming City Zoning Code

   1.   Statement of Intent. It is recognized that while a home occupation in and of itself is an acceptable use within a residential area, it is when those uses take on a more commercial character that conflicts arise. This section is intended to protect residential districts from potential adverse impacts of activities defined as home occupations and to ensure that home occupations do not have a negative impact upon the residential area in which they are located; to permit residents of the community a broad choice in the use of their homes as a place of livelihood in the production or supplementing of personal/family income; to restrict incompatible uses; and to establish criteria and develop standards for the use of residential structures or dwelling units for home occupations. It is not the intent to eliminate certain home-based businesses and occupations which may be compatible with the residential areas.

   2.   Criteria. The following are the criteria for Home Occupations.

      A.   No Exterior Display. There shall be no exterior display except for a sign, as specified in paragraph D below.

      B.   Residential Design Features. The building shall include no features of design not customary for residential use.

      C.   Residential Character. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance or by the emission of dust, gas, noise, odor, smoke, or in any other way.

      D.   Signs. Any sign utilized by a home occupation in a Residential District shall be limited to one building-mounted sign which shall not exceed one square foot in area.

      E.   Equipment. Any merchandise or stock in trade sold, repaired or displayed shall be stored entirely within the residential structure or in an accessory building.

      F.   Employment. The home occupation shall be carried on by a member of the family residing in the dwelling unit, employing not more than two nonresident persons outside the immediate family residing on the premises. Additional employees may be permitted as required by law, or may be permitted through the variance process by the Board of Adjustment.

      G.   Traffic and Parking. Traffic generated by the home occupation shall not be objectionable to the neighboring residents. Off-street parking shall be adequate to accommodate the parking demand generated by the home occupation.

      H.   Structural Additions. Any additions to the residence for the expansion of a home occupation are prohibited.

      I.   Rental Unit. If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission is required.

      J.   Noncompliance. Any home occupation which does not abide by the terms of this section shall be punishable under the Violation and Penalty section of this Zoning Ordinance.

   3.   Registration Required. All home occupations require a completed registration form (no fee) to be filed with the City in order to assure compliance with the terms of this Zoning Ordinance. Approval by the City must be issued prior to the commencement of any home occupation use. All home occupations shall be reviewed every two years and shall be subject to reconsideration by the Board of Adjustment if at any time the Code Enforcement Officer determines that the conduct has become detrimental to the neighborhood.

   4.   Permitted Home Occupations. The following home occupations are permitted:

      A.   Office facilities for accountant, architect, engineer, lawyer, clergyman, or other similar professional occupations.

      B.   Office facilities for telecommuters, sales representatives, manufacturer’s representatives, and other similar trades or occupations when traffic generated complies with the traffic and parking criteria as stated in subsection 2.

      C.   Home sewing or tailoring.

      D.   Studio for an artist, photographer writer, or composer.

      E.   Telephone answering.

      F.   Catering and home cooking and preserving for the purpose of selling the product.

      G.   Tutoring or giving lessons, limited to four students simultaneously.

      H.   Child care facilities. Any registered or non-registered child care shall meet the requirements for a child care facility as set forth in Section 237A.1(3a) of the Code of Iowa.

      I.   Beauty shop or barbershop.

      J.   Homebound handicapped persons.

   5.   Prohibited Home Occupations.

      A.   Any occupation which is considered illegal by law.

      B.   Any use which does not meet the criteria in subsection 4 of this section.

   6.   Other Home Occupations. Any home occupation which is not considered permitted or prohibited shall use and abide by the variance process through the Board of Adjustment. The Board shall take into account concerns by neighbors and the possible negative impacts of the residential character of the neighborhood. The Board may place any restrictions on the home occupation and the Board shall be critical when evaluating requests for additional employees.

   7.   Changes to the Operation or Selling of Property. Home Occupation permits DO NOT continue with the land and are NOT transferable. Any change to the operation of the home occupation requires a re-registration.