The purpose of this article is to maintain the character and integrity of residential areas, to prevent competition with commercial districts, to encourage telecommuting, and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this article is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations.

Subject to the nonconforming use provision of this article, all occupations conducted in the home shall comply with the provisions of this article.

(a)

Permitted home occupation.

(1)

Any "permitted home occupation" as defined in this Appendix E shall be allowed in all residential dwelling units subject to the provisions of this article.

(2)

The permitted home occupation shall be allowed to operate until such time as there has been a change in conditions or until such time as the provisions of this article have been breached. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The city council shall make a final decision on whether or not the home occupation shall be allowed or require a special home occupation permit.

(b)

Special home occupation. Any special home occupation as defined in this Appendix E shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the provisions for interim use permits found in article 5 of this Appendix E.

(c)

Declaration of conditions. The planning commission and city council may impose such conditions on the granting of a "special home occupation permit" as may be necessary to carry out the purpose and provisions of this section.

(d)

Effect of permit. A "special home occupation permit" may be issued for a period of one year, after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the provisions of article 5 of this Appendix E regarding interim use permits, except that no public hearing is required on the permit renewal, unless deemed necessary by the planning commission or city council. However, notice of the permit renewal application must be provided to all property owners of land within 350 feet of the boundary of the property in question. The notice must provide the date of consideration before the Planning Commission and indicate that parties may be heard to consider the application. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Appendix E.

(e)

Transferability. Permits shall not run with the land and shall not be transferable.

(f)

Lapse of special home occupation permit by nonuse. Whenever within one year after granting a special home occupation permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the city council. Such extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(g)

Reconsideration. Whenever an application for a special home occupation permit has been considered and denied by the city council, a similar application for a permit affecting substantially the same property and use shall not be considered again by the planning commission or city council for at least six months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full city council.

(h)

Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that the monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

(1)

General provisions.

a.

No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

b.

No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

c.

Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

d.

No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations.

e.

All permitted home and special home occupations shall be conducted entirely within the living quarters of the principal dwelling and in any portion of an attached private garage or within accessory buildings.

f.

There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site, and contractor storage as allowed in subsection 23-3(1)e. which shall be screened in compliance with section 21-4 of this Appendix E.

g.

The home occupation shall meet all applicable fire and building codes.

h.

There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of one directional or identification/business signs not to exceed two square feet in area.

i.

All home occupations shall comply with the nuisance provisions of the Code.

j.

No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation will not require any on-street or off-street parking facilities.

k.

No home occupation shall include illegal activities.

(2)

Requirements, permitted home occupations.

a.

No person other than those who customarily reside on the premises shall be employed.

b.

Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway or guest parking area for multiple family dwellings.

c.

Permitted home occupations are limited to: art studio, tailoring, secretarial services, consulting services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time and similar uses.

d.

The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwelling and over-the-counter sale of merchandise produced off the premises.

(3)

Requirements, special home occupation.

a.

No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent of this article.

b.

Examples of special home occupations include: barber and beauty services, massage therapy, photography studio, group lessons, small appliances repair, the marketing of non-over-the-counter brand name products, and the like.

c.

The special home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time.

d.

Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the city council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.

Existing home occupations lawfully existing on February 9, 2003, may continue as nonconforming uses. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this article.

The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this article or any conditions additionally imposed.