(a)

A home occupation is an occupation conducted for any business or commercial purpose located, except as otherwise permitted pursuant to Paragraph 16-26-20(a)(1) below, 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.

(b)

It is the intent of this Article 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 on a property lawfully used for residential purposes.

(d)

No more than twenty-five percent (25%) of the total floor area of the residential building and any accessory building associated with the residential use shall be used for purposes of the home occupation.

(e)

No person shall operate a major home occupation without applying for and keeping in force a home occupation business license as provided in Chapter 6 of this Code, 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, kennel or animal daycare.

(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)

Dispatching of vehicles to and from the premises, including but not limited to towing services and taxi services; provided, however, that the dispatching of a single vehicle, other than a tow truck, or a taxi cab as defined in 4 CCR 723-6, as amended, and not exceeding twenty (20) feet in length, is permitted as a home occupation.

(10)

The sale of firearms.

(11)

Any operation requiring any liquor or fermented malt beverage license other than a bed and breakfast permit issued pursuant to the state liquor code.

(12)

Any hotel or motel operation; except that a bed and breakfast operation shall be permitted as long as it qualifies as a minor home occupation, as defined by Section 6-5-10.

(13)

The sale or purchase of junk and salvage materials, when such activity includes the outdoor storage or display of such materials.

(g)

Subsection (f) shall not apply to a licensee who holds a home occupation license for an occupation listed in Subsection (f) which was issued before September 1, 1994, unless:

(1)

Such license is revoked for cause;

(2)

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 for which such license was issued is discontinued or ceases for a period of one (1) year or more.

(h)

Minor home occupations are permitted in all residential zone districts.

(Prior code 23-461; Ord. 12-08 §1, 2008; Ord. 21-12 §1, 2012; Ord. 10-14 §9, 2014; Ord. 13-14 §2, 2014; Ord. No. 2017-05, §8, 5-4-2017)

(a)

A home occupation must meet all of the following criteria:

(1)

The use of any portion of the property other than the principal and/or accessory residential buildings, including but not limited to the yard, shall be permitted 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, if a license is required.

(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) 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.

(5)

Not more than one (1) employee who does not reside within the dwelling may be employed in a home occupation.

(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 International 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 International Building Code as adopted by the City.

(10)

The home occupation shall comply with such additional requirements as are made conditions of the approval of a home occupation business license under Chapter 6 of this Code.

(11)

Except as specifically authorized by Paragraph (6) of this Subsection, 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; however, 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, excepting only the provisions of this Article pertaining to permitted uses in a Residential 1 District or a Residential 2 District.

(c)

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

(Prior code 23-462; Ord. 10-14 §9, 2014)

For the purposes of this Article, 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.

(2)

The accessory building shall conform to the height and lot coverage restrictions of Sections 16-6-20 and 16-6-70.

(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)

Approved sanitation facilities shall be provided on site for an employee of a home occupation which conducts its business entirely within an accessory building. Such sanitation facility shall meet applicable codes and may be located in the principal building.

(5)

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

(Prior code 23-463; Ord. 10-14 §9, 2014; Ord. 2025-16 §12, 2025)