A home occupation is an occupation for gain or support conducted in a dwelling unit only by members of a family residing in the dwelling unit and not including the employment of any additional persons. The occupation is incidental to the residential use of the dwelling unit and does not utilize more than twenty-five (25) percent of the floor area; and no part of the occupation is conducted in an accessory building. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. There shall be no sign, and no visible evidence of the conduct of a home occupation.

(A)

Permit procedures. Home occupations complying with the criteria established in Section (B) shall be considered minor in character and may be approved upon application to the building official. Major home occupations shall commence only after the receipt of a special exception from the board of zoning adjustment as outlined in Section XIII(B)(2)(b) of this ordinance.

(B)

Criteria for minor home occupations. Uses classified as minor may be permitted in all zoning districts that allow residential land uses. The following regulations shall apply to all minor home occupations.

(1)

The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.

(2)

The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered by the occupation within the residence or be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises.

(3)

No more than twenty-five (25) percent of the gross floor area of the dwelling may be used for the home occupation.

(4)

There shall be no advertising, display, signs, or other indications of a home occupation on the premises.

(5)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, that is, direct sales of products off display shelves or racks are not allowed.

(6)

No storage or display of goods shall be visible from outside the structure.

(7)

No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(8)

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(9)

A home occupation shall not create the need for additional parking spaces.

(10)

No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.

(11)

Deliveries from commercial suppliers may not be made to the dwelling. All supplies must be picked up off-site by the individual conducting the home occupation.

(12)

Minor home occupations may include, but are not necessarily limited to, the following:

(a)

Artists and sculptors;

(b)

Authors and composers;

(c)

Home crafts for sale off-site;

(d)

Office facility of minister, rabbi, or priest;

(e)

Office facility of a salesman, sales representative, contractor, sub-contractor, or manufacturer's representative provided that no transactions are made in person on the premises and there is no outside storage of material or construction equipment;

(f)

Professional home office, i.e., architect, engineer, individual counseling;

(g)

Individual tutoring;

(h)

Preserving and home cooking for sale off-site;

(i)

Individual instrument instruction provided that no instrument may be amplified;

(j)

Telephone solicitation work;

(k)

Professional consulting services, i.e., accounting, computer, etc.;

(l)

Dressmaking/sewing;

(m)

Family lawn care service - Provided equipment is stored within an enclosed garage/building, and employees of the business are immediate family members residing within the household.

(C)

Criteria for major home occupations. Uses classified as major home occupations shall be considered special exceptions administered according to Section XVII of this ordinance. Residential R-1, R-2 and R-3 districts should, in general, be protected from major home occupations unless it can be specifically demonstrated that the use will have no short or long-term negative impact on the neighborhood. To this extent, the following regulations shall apply to all major home occupations:

(1)

The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others, except with the following exception:

Instruction, which must by its nature, be provided outdoors, such as certain athletic instruction, may be so provided, if it generates no effects beyond the property line any greater than would normally be expected for a residence. In no event shall musical instrument instruction be provided outdoors.

(2)

The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes; and the appearance of the structure shall not be altered by the occupation within the residence, nor be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations that carry beyond the premises.

(3)

The total area used for such purposes (including storage) shall not exceed the equivalent of twenty-five (25) percent of the gross floor area, in square feet, of the first floor or main floor of the user's dwelling unit. In no case shall more than two (2) rooms of the dwelling unit be used for the home occupation.

(4)

There shall be no advertising, display, signs, or other indications of a home occupation on the premises.

(5)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations; for example, a single-chair beauty parlor would be allowed to sell combs, hair spray and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

(6)

There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(7)

Deliveries from commercial suppliers may not be made to the dwelling. All supplies must be picked up off-site by the individual conducting the home occupation.

(8)

Major home occupations may include but are not necessarily limited to the following:

(a)

Any use allowed as a minor home occupation;

(b)

Single-chair beauty parlors and barber shops;

(c)

Upholstering;

(d)

Lawn care—provided equipment is stored in an enclosed building or garage;

(e)

Woodworking, excluding cabinet making.

(D)

Applications, permits and inspections. Individuals wishing to conduct a home occupation in a dwelling that they own may apply to the building official for a home occupation permit on forms available from the building department. Individuals other than the dwelling owner who wish to conduct a home occupation in the dwelling must submit a notarized letter from the owner granting permission for the home occupation along with the application, or the application will not be accepted.

(E)

Classification and approval. The building official will classify home occupation permit applications as major or minor home occupations. Major home occupation applications will be referred to the board of zoning adjustment for processing in accordance with Section VIII(B)(2)(b) of this ordinance. Minor home occupation applications will be approved administratively by the building official or his designee upon presentation of representations and/or verifications provided by the applicant, provided that the building official or his designee finds that the conditions established in SectionVI(B) of this ordinance are met. Minor home occupation applications that are denied administratively may be appealed to the board of zoning adjustment under the provisions of Section VIII(B)(2)(b) of this ordinance.

(F)

Inspections. The building official or his designee shall have the right, at any reasonable time, and upon reasonable request, to enter and inspect the premises covered by a home occupation permit to ensure compliance with the terms of said permit, or for other lawful reasons. If, upon inspection, the home occupation use is not being conducted in accordance with the home occupation ordinance, the building official may revoke the home occupation permit.

(G)

Permits. Applicants whose requests for home occupation permits are approved shall purchase from the city clerk on or before January 1 of each year, a business license for the privilege of conducting the home occupation. The city clerk shall refuse to renew a license for a home occupation permit upon notification from the building official that representations made on the home occupation permit application are, or have become, an inaccurate description of the business, or that other conditions in this ordinance are not being met.

(H)

Transferability. Home occupation permits are not transferable between individuals, nor are they valid for a location other than the location noted on the permit. An individual who moves may not resume their home occupation in the new location without reapplying for a home occupation permit.