The purpose of this article is to permit only those home occupations compatible with other permitted uses and with the residential character of neighborhoods. This article applies to home occupations.

(Ord. No. 86-4, § 7.10(A), 6-30-86)

Home occupations existing June 30, 1986, and authorized by previous issuance of a conditional use permit, shall apply for a home occupation permit. If those home occupations are able to conform with the performance standards listed in this section, they shall do so within six (6) months. Any conditional use permit, issued prior to June 30, 1986, for home occupations that meet the requirements of this section, including the performance standards set forth herein, shall thereafter be void. Any conditional use permit previously issued for a home occupation which is not permitted under the provisions of this chapter or cannot meet the performance standards set forth herein shall be allowed to continue. A violation of a permit condition shall void the permit and all proceedings shall be as set forth herein with respect to conditional use permits. No fee shall be charged in issuance of home occupation permits for authorized existing home occupations which meet the standards of this chapter.

(Ord. No. 86-4, § 7.10(F), 6-30-86; Ord. No. 87-10, 8-10-87)

The following uses are permitted as home occupations subject to section 26-705:

(1)

Dressmakers, seamstresses and tailors.

(2)

Music, art or dancing teachers (limited to not more than five (5) students at any one (1) time).

(3)

Artists, sculptors, authors or composers.

(4)

Office facility of physicians, dentists or other licensed medical practitioners.

(5)

Office facility of lawyers, architects, engineers, realtors, insurance agents, brokers, salesmen and members of similar professions.

(6)

Office facility of ministers, rabbis, priests or members of religious orders.

(7)

Home crafts, such as model-making, rugweaving and lapidary work.

(8)

Barber or beauty shops.

(9)

Limited photo developing or processing.

(10)

Limited upholstery.

(11)

Limited carpentry work.

(12)

Any occupation which meets the performance standards contained in section 26-705, and is approved by the planning commission.

(Ord. No. 86-4, § 7.10(H), 6-30-86; Ord. No. 94-1, 2-28-94)

The following home occupations shall not be permitted:

(1)

Animal hospitals or pet shops.

(2)

Clinics or hospitals.

(3)

Mortuaries.

(4)

Private clubs.

(5)

Renting of trailers.

(6)

Auto repair, major or minor.

(7)

Repair shops or service establishments, except the repair of nonmotorized bicycles, electrical appliances, typewriters, cameras or other similar small items.

(8)

Restaurants.

(9)

Stables or kennels.

(10)

Painting and restoration of vehicles, trailers or boats.

(11)

Retail sales.

(12)

Manufacturing.

(13)

Warehousing or on-site storage of goods for redistribution.

(Ord. No. 86-4, § 7.10(I), 6-30-86; Ord. No. 94-1, 2-28-94)

(a)

No more than one (1) person other than a member of the immediate family occupying the dwelling shall be employed on the premises at any one (1) time.

(b)

Identification signs shall conform with provisions of article X.

(c)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, advertising signs, or by the emission of sounds, odors, noises, vibrations, heat, glare or electrical disturbances.

(d)

Home occupations which require entrance of the general public shall comply with all applicable regulations of the Uniform Building and Fire Codes as adopted by the state.

(e)

Home occupations shall be an accessory use of the principal structure and shall not occupy more than two (2) rooms within the building.

(f)

The use shall not create substantial traffic. More than twenty (20) vehicles coming to the dwelling unit for service or products during any one (1) day shall be considered substantial additional traffic. Any need for parking shall be met off the street and other than in a required front yard.

(g)

No home occupation shall cause an increase in sewer or water usage so that the combined total use for dwelling and home occupation purposes exceeds the normal range for residences in the city.

(h)

There shall be no storage or display of any kind connected with the home occupation visible from the outside of the dwelling unit.

(i)

Any construction, alteration, electrical or mechanical equipment, or chemicals or materials, shall not change the fire rating of the structure or the fire district in which the structure is located.

(j)

The operation of the home occupation shall begin no earlier than 6:00 a.m. and end no later than 10:00 p.m.

(k)

Home occupations shall not be permitted in any building containing three (3) or more dwelling units.

(l)

Discontinuance of a home occupation for more than a six-month period shall void the permit.

(m)

Any other standard deemed necessary by the zoning administrator to preserve the residential character of the neighborhood shall apply.

(Ord. No. 86-4, § 7.10(D), 6-30-86)

No person shall conduct a home occupation without a valid home occupation permit. Permits shall only be issued for occupations listed in section 26-703. Permits are issued to the applicant for a specific use and are nontransferable to new property owners or different occupations. Home occupation permits issued in accordance with the requirements of this division shall be reviewed annually and are valid for a five-year period. Notice of permit expiration shall be sent to the permit holder.

(Ord. No. 86-4, § 7.10(B), 6-30-86)

(a)

Application for a home occupation permit shall be made in the office of the community development director. Applications for a home occupation permit shall include the following information:

(1)

Name and address of applicant.

(2)

Location and type of proposed occupation.

(3)

Site or building plan (if applicable), showing the facilities to be used for the proposed occupation.

(b)

Applications shall be reviewed by the planning commission at its regular monthly meeting. No home occupation shall be permitted that does not meet the performance standards listed in section 26-705. Final action on such applications will be reported to the city council. A fee, as determined by city council, will be charged the home owner to defray the costs associated with the annual review.

(c)

Notice of application review shall be mailed to all adjoining property owners within one hundred (100) feet of the applicant's property. The names of adjoining property owners shall be determined from records available to the public. Failure to receive a notice shall not invalidate the review.

(Ord. No. 86-4, § 7.10(C), 6-30-86; Ord. No. 2018-09 , 2-12-18)

Valid home occupation permits shall be reviewed by the planning commission on an annual basis for compliance with performance standards listed in this chapter. The city shall publish a notice in a newspaper of general circulation ten (10) days before annual review. The public notice shall state the time and place of review and shall list all valid permits to be reviewed.

(Ord. No. 86-4, § 7.10(E), 6-30-86)

Violations of section 26-705 standards shall be grounds for revocation of the permit. Notice of intent to revoke the permit shall be sent by the zoning administrator to the permit holder. The notice shall state the grounds for revocation. The holder of the permit shall have ten (10) days from the receipt of the notice to file an appeal to the planning commission. Failure to file an appeal within ten (10) days waives any challenge of revocation. At the expiration of ten (10) days the permit is revoked and the home occupation shall cease. After revocation, no permit shall be granted for the same dwelling unit during the three-month period following revocation.

(Ord. No. 86-4, § 7.10(G), 6-30-86)