The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Family day care means the keeping for part-time care and/or instruction, of six or less children or adults at any one time within a dwelling, not including members of the family residing on the premises.

Home occupation means an accessory use of a dwelling unit for gainful employment which:

(1)

Is clearly incidental and subordinate to the use of the dwelling unit as a residence;

(2)

Is carried on solely within the main dwelling or accessory structure and does not alter or change the exterior character or appearance of the dwelling; and

(3)

Is located in a residential district.

(Code 2008, § 17.1030; Ord. No. 09-15, § I(17.1030), 11-2-2009)

No home occupation shall be conducted, operated or established until a home occupation permit has been issued and obtained in accordance with the provisions of this chapter.

(Code 2008, § 17.1040; Ord. No. 09-15, § I(17.1040), 11-2-2009)

(a)

An application for a home occupation permit shall be filed by the owner of the property upon which the proposed home occupation is to be conducted. The application must be filed with the city.

(b)

The application must contain the following information:

(1)

The name, address and telephone number of the applicant;

(2)

A correct legal description and parcel identification number for the property upon which the proposed home occupation is to be conducted;

(3)

A detailed description of the proposed home occupation which the applicant desires to operate;

(4)

Such other or additional information as shall be required by the city.

(Code 2008, § 17.1050; Ord. No. 09-15, § I(17.1050), 11-2-2009)

All home occupations shall be subject to the following conditions and limitations:

(1)

There may not be any persons, other than immediate family members of the family residing in the dwelling unit engaged therein, and there shall be no on-site employment or employment of persons not residing in the dwelling unit.

(2)

The home occupation must be wholly operated and contained within the dwelling unit or an accessory structure.

(3)

No materials or equipment may be stored outside the dwelling unit or the accessory structure.

(4)

Not more than six customers or clients may be permitted on the property during any period of 60 consecutive minutes, nor more than 16 persons in any given 24-hour period.

(5)

Sufficient parking must be provided on the same lot as the dwelling unit for all home occupation customers and clients, and other business visitors.

(6)

Commercial deliveries related to the home occupation, other than the United States Postal Service and private package and letter delivery services, shall not be permitted. This prohibition of commercial deliveries includes, but is not limited to, commercial deliveries by semi-trailer trucks.

(7)

No pedestrian or vehicular traffic generated by the home occupation shall be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m.

(8)

The appearance of the structure may not be altered, nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character.

(9)

No noise, vibration, glare, heat, smoke, dust, electromagnetic, or electrical interference, nor odor detectable beyond the confines of the dwelling unit shall be permitted or allowed, including transmittal through vertical or horizontal party walls.

(10)

No more than one commercial vehicle shall be used in conjunction with the home occupation, not to exceed one-ton maximum load weight and owned by a resident of the dwelling. Such vehicle must be parked in a garage or residential drive on-site, and in accordance with all other provisions of this code. Said vehicle may indicate thereon the name, address, and telephone numbers of the home occupation being conducted within the dwelling unit or accessory structure.

(11)

No more than one home occupation may be conducted upon any property.

(12)

The home occupation must not exceed the limitations imposed by the provisions of all applicable building, fire, health, safety, and housing codes and shall conform with all applicable requirements for business and occupational licensing.

(Code 2008, § 17.1060; Ord. No. 09-15, § I(17.1060), 11-2-2009)

(a)

Administrative granted permits.

(1)

Home occupation permits for those home occupations listed below may be granted and issued by the city, upon a proper application being filed:

a.

Dealer sales, including vitamins, cosmetics, crafts, and home products;

b.

Craft shop, making and selling crafts;

c.

Internet advertising;

d.

Vending machines;

e.

Music instructions; provided, however, not more than one pupil shall be permitted on the property at any one time;

f.

Professional office;

g.

Family day care;

h.

Sewing service;

i.

Pet grooming;

j.

Furniture refinishing/construction;

k.

Art studio, desktop publishing;

l.

Mail order sales;

m.

Administrative offices for building trade businesses (including plumbing, electrical, HVAC, carpentry, and general contracting); provided, however, no building trade work of any kind shall be conducted on the property;

n.

Beauty parlors and barber shops.

(2)

A permit shall be issued administratively if the following requirements are met:

a.

The applicant has notified the residents of all parcels of land adjoining the property, in writing, that a permit to operate a home occupation has been requested, and that any objection to the issuance of the home occupation permit must be filed with the applicant and the city offices within seven days of the date of the notice. The applicant must notify the residents of all parcels of land adjoining and adjacent to the property under consideration for the home occupation permit by personally delivering the written notice or by depositing the written notice in the United States Postal Service mail, addressed to the resident of the adjoining property, with postage prepaid. Notification will be deemed to have been made when personally delivered or when properly deposited in the United States mail;

b.

An application containing the name, address, and telephone number of the applicant; and

c.

A detailed description of the proposed home occupation, together with a comprehensive list of any and all conditions placed on the operation or maintenance of the home occupation.

(b)

All other permits. No application for a home occupation permit to conduct a home occupation, other than the home occupations listed in subsection (a) of this section, shall be granted until a public hearing has been held, pursuant to notice thereof, and a decision to issue a home occupation permit has been made by the planning and zoning commission, and received by the building inspector.

(1)

Notice of hearing. Notice of the public hearing on the application for a home occupation permit must be published not less than 15, nor more than 30 days prior to the date of the hearing in a newspaper of general circulation with the city. In addition to the publication of notice, the applicant must notify the residents of all parcels of land adjoining and adjacent to the property under consideration for the home occupation permit in writing of the public hearing. Proof of notification must be filed with the city not less than 15 days prior to the date of the hearing. Failure to file the required proof of notification shall result in the denial of the application for the home occupation permit.

(2)

Service of notice. The city shall notify the residents of all parcels of land adjoining and adjacent to the property under consideration for the home occupation permit by personally delivering the written notice or by depositing the written notice in the United States Postal Service mail, addressed to the resident of the adjoining and adjacent property, with postage prepaid. Notification will be deemed to have been made when personally delivered or when properly deposited in the United States mail.

(3)

Notice requirements. The notice of the public hearing shall contain the following information:

a.

The name and address of the applicant;

b.

The legal description of the property upon which the proposed home occupation is to be conducted;

c.

A detailed description of the proposed home occupation;

d.

The time, place and date of the public hearing;

e.

A statement that all interested persons may appear at the hearing and be heard as the advisability of allowing or permitting the proposed home occupation to be conducted on the property.

(4)

Public hearing. The public hearing shall be held by and in front of the planning and zoning commission of the city. At the hearing, the planning and zoning commission shall hear testimony and receive evidence from the applicant that the proposed home occupation qualifies as a home occupation under section 78-785, and, if so, that the applicant can comply with each and every provision of section 78-788. The planning and zoning commission shall hear and receive testimony and evidence from the building inspector of the city, and from all other interested parties who appear and wish to be heard. After the conclusion of the testimony, the planning and zoning commission will make and issue its written decision issuing or denying the requested home occupation permit.

(c)

Appeals of administratively granted permits. All decisions of the building inspector to issue or deny a home occupation permit, under the provisions allowing the administrative granting of permits, may be appealed to the planning and zoning commission pursuant to the provisions of section 78-46.

(Code 2008, § 17.1070; Ord. No. 09-15, § I(17.1070), 11-2-2009)

(a)

Administration and enforcement. The building inspector is authorized and directed to administer and enforce all of the provisions of this chapter. Whenever necessary, the officials of other departments of the city will give such assistance as is consistent with the usual duties of their respective departments.

(b)

Entry onto premises. Upon presentation of proper credentials, the building inspector or his duly authorized agent, may enter at all reasonable times any premises when necessary to enforce the provisions of this chapter, or to determine whether there has been compliance with the provisions of this chapter. The issuance of a home occupation permit by the city shall be deemed to be consent by the applicant to any such entry by the building inspector.

(c)

Notice to abate violations. Whenever it shall appear to the building inspector that a violation of any condition of a home occupation permit, or a violation of the provisions of this chapter, has occurred or is occurring, or after a home occupation permit has been revoked or becomes void, the building inspector shall issue a notice, in writing, to the original applicant to immediately correct the violation. The notice shall inform the original applicant of the violation and shall direct him to abate the violation and to secure compliance with the provisions of the home occupation permit and the provisions of this chapter within 24 hours.

(d)

Failure to abate violations. Upon the failure of the original applicant to abate all violations and fully comply with all of the conditions of the home occupation permit and the provisions of this chapter within the period stated in the notice, the building inspector shall revoke the home occupation permit.

(e)

Subsequent violations. The violation of any condition of a home occupation permit or any of the provisions of this chapter more than one time shall result in the immediate revocation of the home occupation permit.

(f)

Injunction. In addition to the other remedies and penalties provided in this Code, the city attorney is authorized to file appropriate civil actions for a temporary restraining order, temporary injunction, permanent injunction, or for damages against any persons violating the provisions of this chapter.

(Code 2008, § 17.1080; Ord. No. 09-15, § I(17.1080), 11-2-2009)