(a)

Definition. A home occupation is an occupation conducted for any business or commercial purpose, located entirely within a residential building and/or an accessory building associated with the residential use, and is accessory, incidental and secondary to the use of the building for dwelling purposes and does not affect the residential character or appearance of the dwelling.

(1)

A minor home occupation is one which, in addition to other applicable requirements of the Code, meets all of the following requirements:

a.

It is conducted entirely within the dwelling;

b.

It shall have no more than one (1) unanimated, nonilluminated wall or window sign not exceeding one (1) square foot of sign area.

c.

It has no employees who do not reside within the dwelling;

d.

It is conducted entirely within the principal building and/or an accessory building associated with the residential use;

e.

It has no more than one (1) vehicle stopping at the place of business for purposes of the home occupation at any one (1) time, and no more than eight (8) vehicles stopping at the place of business for purposes of the home occupation in any twenty-four-hour period; and

f.

It has no deliveries to or from the place of business with any vehicle longer than sixteen (16) feet or rated over eight thousand (8,000) pounds gross vehicle weight (standard UPS truck).

(2)

A major home occupation is one which meets all other applicable requirements of the Code, excepting one (1) or more of the requirements set forth in Paragraph (a)(1) above.

(b)

It is the intent of this Chapter to regulate a home occupation so the residents of the neighborhood will not be adversely affected by its existence.

(c)

A home occupation shall be allowed only in the agriculture, commercial-residential and residentially zoned districts. An occupation which is conducted in a home located in a zone district other than an agriculture, commercial-residential or residentially zoned district shall not be construed to be a home occupation, shall meet the applicable requirements of the zone district in which the home is located, and shall otherwise comply with the applicable requirements of the Code.

(d)

No more than twenty-five percent (25%) of the total surface area of the residential building and any accessory building associated with the residential use shall be used for purposes of the home occupation. This limitation shall apply regardless of the number of approved home occupations operating on the property.

(e)

No person shall operate a home occupation without applying for and keeping in force a home occupation business license as provided in this Article, and no person shall operate a home occupation except in compliance with this Code and other applicable laws, and in compliance with all conditions of the license.

(f)

The following occupations, because of their detrimental impact on the character and value of residential properties, or on the peace, tranquility, safety and quiet of a residential zone district, are prohibited as home occupations:

(1)

Veterinary office or clinic, animal hospital or kennel;

(2)

Equipment rental;

(3)

Funeral chapel, mortuary or funeral home;

(4)

Wedding chapel;

(5)

Repair or painting of motor vehicles or motor vehicle parts, including but not limited to automobiles, trucks, motorcycles and trailers or any part thereof, or of boats or any part thereof;

(6)

Repair of large appliances, including but not limited to stoves, refrigerators, washers and dryers;

(7)

Repair of power equipment, including lawn mowers, snow blowers, chain saws and string trimmers;

(8)

Restaurants;

(9)

Welding or metal fabrication;

(10)

Dispatching of vehicles to and from the premises, including but not limited to towing services and taxi services;

(11)

The sale of firearms;

(12)

Any operation requiring any liquor or fermented malt beverage license other than a bed and breakfast permit issued pursuant to the State Liquor Code; or

(13)

Any hotel or motel operation.

(14)

Sexually oriented business and, irrespective of whether the use may be categorized as a sexually oriented business, no retail or wholesale sales to consumers upon the premises of any types of materials specified in this Chapter that describe or depict specified sexual activities or specified anatomical areas shall be permitted.

(15)

Natural medicine businesses.

(g)

The provisions of Subsection (f) of this Section shall apply to any initial application for a home occupation license filed on or after the effective date of the ordinance adopting this Section.

(h)

The provisions of Subsection (f) of this Section shall not apply to a home occupation for an occupation listed in Subsection (f) which was lawfully operating on and before the effective date of the ordinance adopting this Section unless:

(1)

Such home occupation is terminated for cause;

(2)

The initial application for a license or the renewal of such license is denied for cause;

(3)

Such license is permitted to expire, or the licensee fails to seek timely renewal of such license; or

(4)

The home occupation is discontinued, or ceases for a period of one (1) year or more.

(Ord. 460 §1, 1995; Ord. 668 §3, 2005; Ord. 733 §3, 2009; Ord. 765 §5, 2012; Ord. 979 §4, 2025)

(a)

A home occupation must meet all of the following criteria:

(1)

A minor home occupation shall be conducted entirely within the principal building and/or an accessory building associated with the residential use, and shall not be conducted except between the hours of 9:00 a.m. and 9:00 p.m. The use of any portion of the property other than such principal and/or accessory building, including but not limited to the yard, shall be permitted for a major home occupation only if it is demonstrated that such use will be accomplished without adversely affecting the residential character or appearance of the dwelling, without disturbing the peace, tranquility, safety and quiet of the residential zone district and without otherwise adversely affecting the neighborhood, and then only to the extent and in the manner allowed in the license.

(2)

Exterior alterations or additions to an accessory building for the purpose of accommodating a home occupation are prohibited.

(3)

There shall be no exterior storage or display of materials, goods, supplies or equipment used in the home occupation.

(4)

Only one (1) unanimated nonilluminated sign not exceeding one (1) square foot in area and pertaining to the use thereof or providing the name of the home occupation shall be permitted. A vehicle sign displaying the name of the home occupation shall be counted for purposes of this Paragraph unless the sign is one which is painted onto the side of or is magnetically affixed to the vehicle. The limitations of this Paragraph shall apply regardless of the number of approved home occupations operating on the property.

(5)

Only those persons who reside within the dwelling may be engaged in the home occupation. The limitations of this Paragraph shall apply regardless of the number of approved home occupations operating on the property.

(6)

The parking, stopping or standing of any vehicle related to the home occupation shall be confined to the street frontage of the property containing the home occupation, the driveway and the garage or carport.

(7)

The home occupation shall not generate noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, traffic or parking congestion or any other nuisance or hazard which disturbs or tends to disturb the peace, tranquility, safety and quiet of a residential zone district.

(8)

Storage of hazardous materials shall be permitted only in conformity with the Uniform Fire Code as adopted by the City.

(9)

The home occupation shall not increase the life safety hazard rating of the principal building or any accessory building, as such rating is defined in the Uniform Building Code as adopted by the City. The limitations of this Paragraph shall apply regardless of the number of approved home occupations operating on the property.

(10)

The home occupation shall comply with such additional requirements as are made conditions of the approval of a home occupation business license under this Article.

(11)

Except as specifically authorized by Paragraph (a)(6) above, no street, alley or other public way of the City shall be occupied for any purposes associated with the home occupation.

(b)

Any occupation which is subject to county, state or federal laws or regulations shall not be exempt from conforming to those laws and regulations when operated as a home occupation, but nothing herein shall permit any such occupation to be operated as a home occupation if any of those laws and regulations conflict with any requirements of this Code. In addition, nothing in this Chapter shall exempt any home occupation from conforming to all ordinances and regulations of the City.

(c)

Nothing in this Chapter shall authorize the operation of a home occupation in violation of any covenants, restrictions or conditions of record applicable to the property.

(Ord. 460 §1, 1995)

(a)

For the purposes of this Chapter, an accessory building means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the use of the land and which is located on the same property or site as the main building or use. Any accessory building to be used for a home occupation must meet all the following criteria:

(1)

Only one (1) such accessory building, excluding a garage, shall be allowed. The limitations of this Paragraph shall apply regardless of the number of approved home occupations operating on the property.

(2)

The accessory building shall conform to the height and lot coverage restrictions of Section 16-104 of this Chapter and the yard requirements of the zone district in which the accessory building is located.

(3)

No structure which was originally designed and manufactured to be mobile or moveable by use of wheels, whether attached or detached, such as a trailer, camper or mobile home, shall be used as an accessory building.

(4)

Any accessory building used for a home occupation shall be equipped with fire and safety equipment as required by the City Fire and Police Departments and the Building Official.

(Ord. 460 §1, 1995)

No person shall operate a home occupation without first having applied for and obtained a license therefor from the City Clerk in the manner required in this Chapter, and no person shall operate a home occupation except in compliance with this Code and other applicable laws, and in compliance with all conditions of the license.

(Ord. 460 §1, 1995)

(a)

The procedures in this Section shall apply to an initial application for any home occupation license.

(b)

The application shall be made on forms provided by the City Clerk and shall include at least the following information:

(1)

A detailed description of the nature of the home occupation desired to be operated by the applicant and the proposed hours of operation of the home occupation;

(2)

A site plan indicating property boundaries and area location of all structures of the property on which the home occupation is desired to be operated; the portion or portions of such structures to be used for purposes of the home occupation; and any portion of the property, other than the principal building and/or accessory building associated with the residential use, including but not limited to the yard, which is proposed to be used for purposes of the home occupation, the nature of such use, and the duration, frequency and time of day of such use;

(3)

Proof of compliance with and approvals from each local, state and federal agency with jurisdiction over the occupation proposed to be carried on as a home occupation; and

(4)

Such additional information as is reasonably required by the Clerk.

(Ord. 460 §1, 1995)

Before approving an initial application for any home occupation license, the City Clerk shall refer the application to the Building Official, the Police Department, the Fire Department and other affected departments and agencies, for review and comment.

(Ord. 460 §1, 1995)

Before approving any initial application for a minor home occupation license, the City Clerk shall consider the comments of affected depart ments and agencies in determining whether to approve, approve with any conditions recommended by said departments or agencies or any additional or different conditions determined appropriate by the Clerk based on the comments, or deny the application.

(Ord. 460 §1, 1995)

(a)

After receiving comments from affected departments and agencies pursuant to Section 16-505, a public hearing on the application for a major home occupation shall be scheduled before the Planning Commission. Notice of the public hearing shall be provided pursuant to Section 16-14.5 of this Code

(b)

At the public hearing, the Planning Commission shall consider the application and the applicant's testimony, the written comments and testimony of any affected department or agency and public testimony concerning the application. In addition, the Planning Commission shall review the application for compliance with the provisions of this Code, the compatibility of the application with the character of the surrounding neighborhood and adverse impacts, if any, that may result from approval of the application.

(c)

Following the public hearing, the Planning Commission shall forward the record of the hearing to the City Council, together with a recommendation to approve, approve with conditions or deny the application. Any conditions of approval recommended by the commission shall be specified by the Commission.

(d)

At a public hearing held following notice provided pursuant to Section 16-14.5 of this Code, City Council shall consider the recommendation of the Planning Commission together with any other pertinent portions of the record in determining whether to approve, approve with any of the conditions recommended by the Commission or any additional or different conditions determined appropriate by the Council based on the record, or deny the application. All conditions of approval that require modification of the application materials shall be addressed by the applicant, and the applicable materials revised and resubmitted to the City, within six (6) months following the date of approval. If timely submission of all items is not made, a public hearing will be scheduled before the City Council, at which hearing the City Council will reconsider its approval of the major home occupation. Written notice of such hearing shall be provided to the applicant and published as required by this Code. No extension of the time period set forth in this Subsection (d) may be granted except by resolution adopted by the City Council.

(Ord. 460 §1, 1995; Ord. 937, §16, 2023; Ord. 976 §2, 2025)

(a)

Once issued, the home occupation business license shall apply only to the applicant, occupation and premises stated in the application. The license shall be nontransferable and nonassignable. The license shall remain in force for the term of the license unless suspended or revoked as provided in Section 6-11 of this Code.

(b)

In addition to any other grounds provided in this Code, a license may be revoked if the home occupation no longer conforms to the applicable provisions of this Code or the conditions of approval of the license.

(c)

An application for renewal of a license shall be considered in the same manner as an initial application, except that the application may be made on a renewal application form furnished by the City Clerk, and the review and hearing procedures of Section 16-507 shall not apply, except as provided in Subsection (d) of this Section. The departmental referral and review procedures of Section 16-505 shall apply to the renewal application.

(d)

If any of the following circumstances apply to a renewal application, the Clerk shall require the application to be made on an initial application form and the review and hearing procedures of Section 16-507 shall apply:

(1)

The license was suspended at any time during the year prior to the year to which the renewal applies;

(2)

The license was the subject of complaints, during the year prior to the year to which the renewal applies, from three (3) or more citizens, each of whom shall reside in a different residence located within a radius of two hundred (200) feet from the perimeter of the licensee's property. Each such complaint shall be written and verified by signature under oath or affirmation, shall be directed to the City Clerk, and shall specify the provisions of the Code alleged to have been violated by the licensee in the conduct of the home occupation. Following receipt of any such complaint, the Clerk shall transmit a copy thereof to the licensee; or

(3)

If the license was for a minor home occupation, the Clerk has received a statement from an affected department or agency, written and verified by signature under oath or affirmation of the investigating official, that the home occupation failed to meet one (1) or more of the requirements of Section 16-500(a)(1)a f at any time during the year prior to the year to which the renewal applies. Following receipt of any such statement, the Clerk shall transmit a copy thereof to the licensee.

(e)

The licensee may appeal the City Clerk's denial of a minor home occupation license to the City Council.

(1)

The licensee shall file a written appeal with the City Clerk within ten (10) days after the postmarked date of the decision. The Council shall not have jurisdiction to consider any appeal that was not filed in a timely manner.

(2)

The appeal shall be decided by the Council not later than thirty (30) days from the filing of the appeal; except that the Council may, by motion, extend the decision time.

(3)

The appellant shall be notified of the Council's decision in writing within fifteen (15) days after the date of the decision.

(4)

The appeal shall be limited to a review by the Council of the record provided to the Clerk. Based on that record, the Council shall determine whether the Clerk's decision was in compliance with the purpose, intent and requirements of this Chapter and this Article.

(f)

This Subsection shall apply only to the initial classification of any home occupation which was first lawfully operating as a home occupation prior to the effective date of the ordinance adopting this Subsection. The initial classification of such an occupation as a minor or major home occupation shall be determined by the City Clerk on the basis of the information furnished by the licensee on its renewal application as to whether or not it meets all of the requirements of Section 16-500(a), subject to investigation and verification by the affected departments and agencies pursuant to the departmental referral and review procedures of Section 16-505. With regard to a renewal application on which the licensee purports to meet all of the requirements of said Section 16-500(a)(1), if the City Clerk receives from an affected department or agency a statement, written and verified by signature under oath or affirmation of the investigating official, that the home occupation does not meet one (1) or more of those requirements as specified in the statement, then the occupation shall be classified as a major home occupation notwithstanding the information furnished on the renewal application. However, the review and hearing procedures of Section 16-507 shall not apply to such an occupation unless one (1) or more of the circumstances set forth in Section 16-508(d) exist.

(Ord. 460 §1, 1995; Ord. 504 §2, 1998)