This article is intended to protect residential neighborhoods, with detached single-family residences on lots containing approximately one acre or less, from use of dwellings for business uses that would detract from the peace and quiet of the neighborhood. It is also intended to allow the use of detached dwellings for limited home business uses, subject to standards that will prevent nuisances and maintain the residential character of the neighborhood.

(Code 2004, § 152.145; Ord. No. 381, 4-10-2006)

This section shall apply only in residential areas as follows:

(1)

This section shall apply only within an area or where there is an urban or suburban pattern of land subdivision into lots, each of which has an area of one acre or less or which lots in the subdivision average one acre or less, and which are designed primarily for construction of one detached dwelling unit per lot.

(2)

The provisions of this section shall apply only in the areas of the city where the residence and/or lot in question is bounded on two or more sides by lots containing a detached single-family dwelling or a vacant lot platted as a part of the same subdivision. For purposes of this section, the term "bounded" means contiguous and abutting; or any lot across a road right-of-way within the same or similar land subdivision.

(Code 2004, § 152.146; Ord. No. 381, 4-10-2006)

Home business uses may be established in a dwelling as more specifically provided in this article. No more than one home business use shall be permitted within any single dwelling or on any one lot. No lot within an area to which this article applies shall be used in violation of this article. Uses that do not qualify as a permitted home business use shall be prohibited in the area to which this article applies. It shall be unlawful to establish or maintain any use or activity that is specifically enumerated as a prohibited use or activity by this article, within the area or areas to which this article applies.

(Code 2004, § 152.147; Ord. No. 381, 4-10-2006)

No use or activity shall commence as a home business within the area to which this article applies, without first securing a land use permit. Failure to meet one or more of these regulations at any time shall be unlawful and grounds for immediate revocation of a land use permit for said use.

(Code 2004, § 152.148; Ord. No. 381, 4-10-2006)

No use or activity shall commence as a home business without maintaining a current business tax certificate and paying all occupational taxes and regulatory licenses fees as required by law. Failure to meet one or more of these regulations at any time shall be unlawful and grounds for immediate revocation of business registration.

(Code 2004, § 152.149; Ord. No. 381, 4-10-2006)

The following businesses, uses, and activities shall be permitted in the area or areas to which this article applies:

(1)

Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufacturing representatives, home builders, home repair contractors, trash haulers and similar occupations.

(2)

Artists, sculptors, authors, photographers and composers.

(3)

Computer programming and data processing.

(4)

Direct sale product distribution (Amway, Avon, Tupperware and the like), provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.

(5)

Dressmakers, seamstresses and tailors.

(6)

Home crafts, such as model making, rug weaving, woodworking, ceramics (with a kiln up to six cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or a vocation not conducted for gain or profit.

(7)

Mail order, not including retail sales from site.

(8)

Music and art teachers or other tutoring services.

(9)

Telephone answering.

(10)

Washing and ironing.

(11)

Work at home activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform with all other requirements of this section.

(12)

Other uses and activities similar to those listed in this section as determined by the planning commission.

(13)

Beautician/barber with one chair and one sink. Must be owner of residence.

(14)

Internet-based business where no foot or vehicle traffic is required.

(Code 2004, § 152.150; Ord. No. 381, 4-10-2006; Am. Ord. No. 454, 7-15-2013)

This section shall not be considered inclusive of all the types of businesses, uses, and activities prohibited by this article. The following businesses, uses and activities shall be prohibited in the area or areas to which this article applies:

(1)

Kennels.

(2)

Stables.

(3)

Veterinarian clinics.

(4)

Medical and dental clinics.

(5)

Restaurants, clubs and drinking establishments.

(6)

Motor vehicle repair or small engine repair.

(7)

Funeral parlors.

(8)

Retail sales of goods not made on the premises.

(9)

Adult uses.

(Code 2004, § 152.151; Ord. No. 381, 4-10-2006)

All activities in connection with the home occupation shall take place within the principal building on the lot. The gross floor area of a dwelling unit devoted to a home business use shall not exceed 15 percent of the gross floor area of the dwelling. No internal or external alterations inconsistent with the residential use of the building may be permitted.

(Code 2004, § 152.152; Ord. No. 381, 4-10-2006)

(a)

It shall be unlawful to routinely park any marked business vehicles on the street. No more than one commercial vehicle, not exceeding one-ton capacity and two axles, and one trailer, may be stored on the premises, and they must be parked inside an enclosed garage or on a driveway.

(b)

Incoming vehicles related to the home business use shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(Code 2004, § 152.153; Ord. No. 381, 4-10-2006; Ord. No. 1916, 11-25-2019)

No mechanical equipment shall be installed specifically for use as a home business or used except such as is normally used for domestic purposes. No home business use shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance. No equipment that interferes with radio and/or television reception shall be allowed. Home business uses must exclude the use of machinery or equipment that emits sound (such as saws, drills and the like) that are detectable beyond the property. Chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

(Code 2004, § 152.154; Ord. No. 381, 4-10-2006)

No more than two clients or patrons are allowed on the premises at the same time in conjunction with a home business use, except for persons in care at a family daycare home, where no more than six clients are allowed. Instruction in music, dance, arts, and crafts, and similar subjects shall be limited to one student at a time. In no event shall visitations or any other vehicle trip associated with said home business use be permitted between the hours of 9:00 p.m. and 6:00 a.m.

(Code 2004, § 152.155; Ord. No. 381, 4-10-2006)

There shall be no display and no visible stock-in-trade on the premises in connection with a home business use. No stock-in-trade shall be sold on the premises except those made on the premises, and such sales shall be infrequent and incidental. Storage devoted to a home business shall be limited in size to no more than 600 square feet of area and shall be counted as part of the total size limits established by this article for home business uses.

(Code 2004, § 152.156; Ord. No. 381, 4-10-2006)

Only occupants of the dwelling and one additional full-time employee or two part-time employees shall be authorized to work on the premises in connection with a home business use.

(Code 2004, § 152.157; Ord. No. 381, 4-10-2006)

One freestanding or attached professional sign not more than two square feet in area identifying the home business use is permitted, in accordance with sections 108-239 through 108-244.

(Code 2004, § 152.158; Ord. No. 381, 4-10-2006)

(a)

A home business use approved under this section shall only apply to the approved location of the business and to the business owner applying for the use.

(b)

If a home business use is denied under this section, the applicant may apply for a conditional use with the planning and zoning commission pursuant to sections 108-400 through 108-403.

(Code 2004, § 152.159; Ord. No. 454, 7-15-2013)