The purpose of this chapter is to establish use and development regulations for home occupations. These regulations are intended to ensure that limited business activities allowed in a residential zone do not disturb the residential character of a neighborhood.

(Adopted by Ord. 2007-02 on 7/11/2007)

The requirements of this chapter shall apply to all home occupations within the city. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Permitted Uses: The home occupation uses set forth below shall be allowed as permitted uses in any agricultural or residential zone, or any other zone in which such uses are permitted uses, subject to the development standards of section 10-25-4 of this chapter. The definition of each use is set forth in chapter 3 of this title.

Family child daycare facility.

Family child residential certificate care facility.

Office, general.

Personal care service (beauty, barbering and tailoring services only).

Personal instruction service.

B.

Prohibited Uses: Any use not listed in subsection A of this section shall be prohibited unless specifically authorized by a provision of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

The development standards set forth in this section shall apply to any home occupation allowed as a permitted use.

A.

Dwelling Unit Calculation: A home occupation in a multiple-family dwelling unit (3 or more units) shall be considered as one of the units in determining the allowable number of units.

B.

Ownership: A home occupation shall be owned and operated by a person who resides in the dwelling where the home occupation is located. Such person shall be the primary provider of the labor, work, or service provided in the home occupation.

C.

Business License: A business license for the home occupation shall be obtained from and continually maintained with the city as required by applicable provisions of this code.

D.

Employees: Members of the business licensee's family who reside in the dwelling may be employed in the home occupation.

E.

Fire Inspection: Every facility used in a home occupation shall be inspected by the fire department prior to initial use and shall meet fire department standards at all times.

F.

Hours of Operation: Family child daycare, personal care, and personal instruction home occupations shall not be operated before six o'clock (6:00) A.M. or after nine o'clock (9:00) P.M.

G.

Inventory: Products produced pursuant to the home occupation may be kept on the premises. No other stock in trade, inventory, commodities, or other merchandise shall be kept on the premises for storage, wholesale, or retail sales, except for incidental or sporadic use.

H.

Modification of Structures: There shall be no visible evidence from the exterior of a dwelling or structure that it is being used for any other purpose than that of a dwelling or accessory building.

I.

Nuisance: Tools, items, equipment, or activities conducted within a dwelling or accessory building which are offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference, or noise are prohibited.

J.

Secondary Use: The home occupation shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes.

1.

The home occupation shall not disrupt the normal residential character of the neighborhood in which the residence is located.

2.

Not more than twenty-five percent (25%) of the area of a dwelling unit shall be used for a home occupation.

3.

A home occupation shall not involve the use of any accessory building, yard space, or activity outside the main building not normally associated with residential use.

K.

Signs: No signs advertising a home occupation shall be permitted.

L.

Traffic, Parking, and Access: No home occupation use shall generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

1.

All drop off or customer parking shall be located on paved portions of the lot in accordance with the requirements of chapter 19 of this title.

2.

Not more than two (2) customer parking spaces shall be created.

M.

Yards: Yards surrounding a dwelling unit and any accessory building shall not be used for any activities or storage of any materials or equipment associated with a home occupation.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Issuance of Conditional Use Permit: A home occupation use listed in section 10-25-3 of this chapter that does not conform to the development standards of section 10-25-4 of this chapter may be established in any residential zone subject to the issuance of a conditional use permit pursuant to the requirements of section 10-5-14 of this title and the development standards of section 10-25-6 of this chapter.

B.

Uses Allowed: When allowed as a conditional use in the zone in which the use is located, the following uses may be conducted in a dwelling unit subject to the issuance of a conditional use permit:

Family group child daycare facility.

Personal care service (other than beauty, barbering and tailoring services).

C.

Prohibited Uses: Any use not listed in section 10-25-3 of this chapter or subsection B of this section shall be prohibited unless specifically authorized by a provision of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

The development standards of section 10-25-4 of this chapter shall apply to any home occupation established as a conditional use unless expressly modified by a conditional use permit, except as provided in the following subsections:

A.

Neighborhood Disturbance: A home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet of the neighborhood, including radio and television reception, by reason of color, construction, design, lighting, materials, noises, sounds, or vibrations, or excessive traffic as reasonably determined by the zoning administrator.

B.

Promotional Meetings: Promotional meetings for the purpose of selling merchandise, taking orders, or training shall not be held more than one time per month.

C.

Utility Demand: A home occupation shall not cause a demand for public utilities in excess of that necessarily and customarily provided for residential uses.

D.

Outdoor Storage: A home occupation authorized under this section shall be conducted only within a fully enclosed building. Outdoor storage of any materials associated with a home occupation shall be prohibited.

(Adopted by Ord. 2007-02 on 7/11/2007)

Issuance of a home occupation permit shall not relieve the permit holder from obtaining a business license or other permit as may be required under applicable provisions of this code.

(Adopted by Ord. 2007-02 on 7/11/2007)