All applications for variances, conditional use or home occupation shall be filed with the zoning administrator no less than fifteen days prior to the first public hearing at which such application is to be considered. All applications shall be on forms provided by the zoning administrator. The application fees are set by resolution of the governing board and shall be paid to the zoning administrator at the time of filing. The zoning administrator shall transmit a copy of the application to the building inspector.

(Ord. 1983 (part), 2004: Ord. 1636 (part), 1991).

(Ord. No. 2136-23-382, 1-6-2014)

The enforcing officers who shall have the duty and responsibility for the administration and enforcement of the provisions of this title shall be as follows: Zoning administrator, the duly appointed and acting secretary of the planning commission; hearing examiner, the duly appointed and acting zoning hearing examiner; enforcement officer, the duly appointed and acting city building inspector.

(Ord. 1636 (part), 1991).

No structure shall hereafter be erected or structurally altered until a building permit shall have been issued indicating that the existing or proposed structure and the use of the land comply with this title and all municipal building and utility codes. All applications for building permits pertaining to the erection, or major alterations which will affect the outside dimensions of a structure, shall be accompanied by three copies of a site plan drawn by the applicant if the site consists of one or more lots of a recorded subdivision. If the site consists of land not a part of a subdivision and/or composed of partial lots, the site plan shall be drawn to scale showing the actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary, the required off-street parking plan and such other information as may be necessary to provide for the enforcement of these regulations. One copy of the plan is to be approved and be available on the building site until the issuance of an occupancy permit.

(Ord. 1871 (part): Ord. 1636 (part), 1991).

No structure shall hereafter be moved into, along, or over any of the roads, highway, streets, avenues, or alleys of the city or of any area under joint city/county planning and zoning control as defined by Section 23.06.008, until a moving permit shall have been issued indicating that the proposed structure and the use of the land comply with this title and appropriate building and utility codes.

(1)

Written application for a moving permit may be issued according to Chapter 15.28;

(2)

Any hearings required under Chapter 15.28 involving any area under joint city/county planning and zoning control, as defined by Section 23.06.008 shall be a joint city/county hearing.

(Ord. 1641 (part), 1991).

No building permit for any construction, alteration or moved structure shall be issued unless such building permit is for the purpose of securing certificate of occupancy for such an existing and anticipated structure upon completion of the project.

(Ord. 1636 (part), 1991).

The application for a certificate of occupancy shall accompany the application for a building permit, and such certificate of occupancy shall be issued within ten days after the city building inspector shall have found the building, structure, and its use to be in compliance with the zoning district regulations. When applying for an occupancy permit for a new structure, the enlarging of a structure, or a new or enlarged use of a parcel of land, the application shall be accompanied by a site plan, drawn to scale with dimensions indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in Chapter 23.36. The current building permit and occupancy certificate fees shall accompany the application for the certificate.

(Ord. 1871 (part), 2000: Ord. 1636 (part), 1991).

A record of each nonconforming use in existence upon the effective date of the ordinance codified in this title shall be made and maintained by the enforcing officers. Such records shall indicate the type of use, square footage in use, number of employees and other pertinent information as considered necessary to establish the use, size and scale of the nonconforming unit or real property.

(Ord. 1641 (part), 1991: Ord. 1636 (part), 1991).

The zoning administrator shall be the administrative officer of this title and in furtherance of that authority he shall:

(1)

Review all building permit requests for compliance with this title;

(2)

Maintain permanent and current records of this title and amendments thereto, including, but not limited to, all maps, rezoning amendments, conditional uses, variances, home occupations appeals and certificates of occupancy. All applications thereto shall be in duplicate and a copy of same filed in the office of the city finance officer and building inspector.

(3)

Receive, file and forward all applications for amendments, variances, appeals, conditional use or other matters to the hearing examiner or commission and governing body or board of adjustments;

(4)

Assist the enforcement officer in carrying out the provisions of this title and establish the necessary records, forms and procedures for the proper implementation of rules and regulations contained herein;

(5)

Assist the hearing examiner in carrying out the provisions of this title.

(Ord. 1641 (part), 1991: Ord. 1636 (part), 1991).

The hearing examiner shall be responsible for the following functional provisions of this title and in furtherance of this authority he shall:

(1)

Conduct the first public hearing in regards to variances, conditional uses and home occupations;

(2)

Consider all testimony, information, facts, documents, etc., in regards to requested variances, conditional uses and home occupations;

(3)

Forward his recommendation on all requested variances, conditional uses and home occupations to the board of adjustment or governing board.

(Ord. 1636 (part), 1991).

The enforcement officer shall enforce the following functional provisions of this title and in furtherance of this authority he shall:

(1)

Conduct inspections of all buildings and use of land to determine compliance with the provisions of this title;

(2)

Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law;

(3)

Enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this title;

(4)

Issue all building permits; occupancy certificates and any other permit or certificate that may be established for carrying out the provisions of this title.

(Ord. 1636 (part), 1991).

An application for a zoning variance, as defined by Section 23.08.198, shall be filed, on behalf of the board of adjustment, with the zoning administrator and building inspector with such filing fee as herein established. Applications shall state the special circumstances or conditions applying to the land or building for which the variance is sought and shall note the peculiar and practical difficulties claimed as a basis for the request for a zoning variance.

(Ord. 1636 (part), 1991).

No less than five days nor more than ten days in advance of the first public hearing of the hearing examiner, the zoning administrator shall cause a notice of the proposed variance to be sent to all persons owning property within one hundred fifty feet, excluding all public rights-of-way, of the applicant's property. Such letter of notice shall state the nature of the application as well as the time and place of the first public hearing. No less than five days nor more than ten days in advance of the first public hearing of the hearing examiner, the zoning administrator shall cause a sign to be posted on the subject property. The sign shall state the nature of the application and the date, time and place of the first public hearing. At the first public hearing, the hearing examiner shall conduct a public hearing to obtain testimony regarding the application and shall make written findings of fact as spelled out in this title. Based on these findings of fact, the hearing examiner shall either recommend that the board of adjustment grant or deny the application in conformance with the findings of fact. If the applicant desires to withdraw his application after consideration by the hearing examiner, he may do so and will be returned one-half of his application fee deposit.

(Ord. 1636 (part), 1991).

Upon receipt of any variance applications from the hearing examiner, the board of adjustment shall conduct the second hearing of the application of the variance at their next meeting. The agenda of the board of adjustment shall be published at least once before the second hearing and shall state that a zoning variance has been requested and shall state the date, time and place of the second hearing. At the time set for the second hearing, the board of adjustment shall consider the recommendation of the hearing examiner, his findings and all written and oral testimony, and shall make written, findings of fact pertaining to variance as noted in this title. Based on these findings of fact, the board of adjustment may grant or deny the variance.

(Ord. 1636 (part), 1991).

(a)

A variance may be granted to the strict application of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the title will result in unnecessary hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, and so that the spirit of the title shall be observed and substantial justice done.

(b)

In any hearing concerning the requested variance, the applicant carries the burden of proving that the request complies with the necessary findings and that the granting of a variance is in keeping with the spirit and intent of this chapter.

(c)

In granting a variance, the board of adjustment shall prescribe any conditions and safeguards that it deems to be necessary or desirable. Such variance may be granted upon finding that there exists an unnecessary hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege. The board of adjustment may find that some or all of the following conditions exist:

(1)

The plight of the applicant is due to unique circumstances of their property;

(2)

The plight of the applicant is not due to the circumstances or conditions of the neighborhood or zone;

(3)

The unique circumstances which render the property incapable of being used in compliance with this chapter have not been caused or created by any actions of the applicant;

(4)

The variance requested is the minimum variance which is necessary for the reasonable use of the property;

(5)

The variance requested can be granted with substantial justice to the applicant as well as other property owners in the area;

(6)

That the granting of this variance will be in harmony with the general purpose and intent of this chapter while maintaining the integrity of the comprehensive plan;

(7)

The granting of this variance will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare;

(8)

That for an area variance, compliance with the strict application of this chapter governing area, setbacks, frontage, sideyards, height, bulk or density will unreasonably prevent the owner from using the property for a permitted purpose;

(9)

That for a use variance, the land in question cannot yield a reasonable return if only used for a purpose allowed in the zone.

(Ord. 1871 (part), 2000; Ord. 1641 (part), 1991: Ord. 1636 (part), 1991).

Whenever this title requires a conditional use permit, an application therefor in writing shall be filed, on behalf of the board of adjustment, with the zoning administrator and the building inspector together with such filing fee as set by resolution of the governing board. Applications shall state the circumstances or conditions for which the conditional use is sought and shall note the peculiar and practical difficulties claimed as a basis for the request for the conditional use permit:

(1)

Site plan drawn at scale showing dimensions;

(2)

Location of all buildings, heights, and square footage;

(3)

Curb cuts, driveways, parking spaces;

(4)

Off-street loading areas;

(5)

Drainage plan;

(6)

Type of business, proposed number of employees by shift;

(7)

Proposed floor plan with use indicated;

(8)

Sanitary sewer and water plan with estimated use per day;

(9)

A statement showing why such conditional use cannot be located and conducted in zoning districts not requiring such conditional use permits;

(10)

The actual uses of all property within a radius within one hundred feet of applicant's petition together with a map, plot or plan showing all elevations, building locations, sideyards, fences and other related information shall be filed with the zoning administrator and building inspector.

(Ord. 1636 (part), 1991).

(Ord. No. 2136-23-382, 1-6-2014)

No less than five days nor more than ten days in advance of the first public hearing of the hearing examiner, the zoning administrator shall cause a notice of the proposed conditional use to be sent to all persons owning property within one hundred fifty feet, excluding all public rights-of-way, of the applicant's property. Such letter of notice shall state the nature of the application as well as the time and place of the first public hearing. No less than five days nor more than ten days in advance of the first public hearing of the hearing examiner, the zoning administrator shall cause a sign to be posted on the subject property. The sign shall state the nature of the application and the date, time, and place of the first public hearing. At the first public hearing, the hearing examiner shall conduct a hearing to obtain testimony regarding the application and shall make written findings as spelled out in this title. Based on these findings, the hearing examiner shall either recommend that the board of adjustment grant or deny the application in conformance with the findings. If the applicant desires to withdraw his application after consideration by the hearing examiner, he may do so and will be returned one-half of his application fee deposit.

(Ord. 1636 (part), 1991).

Upon receipt of any conditional use application from the hearing examiner, the board of adjustment shall conduct the second hearing of the application of the conditional use permit at their next regular meeting.

(1)

The agenda of the board of adjustment shall be published at least once before the second hearing and shall state that a conditional use has been requested and shall state the date, time and place of the second hearing.

(2)

At the time set for the second hearing the board of adjustment shall consider the recommendation of the hearing examiner, his findings and all written and oral testimony, and shall make written findings pertaining to the conditional use permit as noted in this title. Based on these findings, the board of adjustment may grant or deny the conditional use.

(Ord. 1636 (part), 1991).

(a)

A conditional use permit may be granted where conducted under specified conditions and will not be detrimental to the health, safety or general welfare of the public or surrounding area.

(b)

In any hearing concerning the requested conditional use permit, the applicant carries the burden of proving that the request complies with the findings and that the granting of the conditional use permit is in keeping with the spirit and intent of this chapter.

(c)

The board of adjustment may grant a conditional use permit specifying the conditions for location and conditional use operations. If at any time the applicant fails to abide by the conditions under which the permit is granted, the board of adjustment may revoke the permit after reasonable notice and public hearing.

(d)

The application, related file, and findings shall address the following specific criteria:

(1)

Compatibility with the zoning district;

(2)

Adverse effect on the character of the area by an increase in such elements as dust, odors, noise, gas, and traffic volumes;

(3)

Opposition of surrounding property owners;

(4)

The public safety;

(5)

Effect on established property values.

(Ord. 1636 (part), 1991).

The governing body or the commission may, upon their own motion, initiate a request to amend the text or the districting map of this title. Any person owning real property may petition the governing body and commission to amend the district boundaries which may affect his real property or a larger parcel which includes the real property.

(Ord. 1636 (part), 1991).

All petitions for amendments (annexation or rezoning) which are initiated by the owners of real property shall be filed with the zoning administrator and an application fee as set by resolution of the governing board shall be paid to the zoning administrator at the time of filing. When the application involves the changing of zoning districts and boundaries, thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within one hundred fifty feet of the property proposed to be rezoned excluding streets and alleys. The city shall assemble a list of the names and addresses of the adjacent landowners and provide them with written notice about the application for amendment. The city shall also provide public notice of the application for amendment and post signs on the property that is requesting the amendment.

(Ord. 1983 (part), 2004: Ord. 1871 (part), 2000: Ord. 1636 (part), 1991).

(Ord. No. 2136-23-382, 1-6-2014)

All petitions for amendments shall be referred to the planning commission, which shall hold public hearing within sixty days of the date of filing such petition with the zoning administrator.

(Ord. 1871 (part), 2000: Ord. 1636 (part), 1991).

Notice of amendment hearings concerning the change in the text of this title or a change in district boundaries shall be published pursuant to the provisions of SDCL 11-4-4, and amendments initiated by owners of real property requesting a zoning change shall also be subject to the provisions of Section 23.04.001. Failure of a property owner to receive notice shall not invalidate any proceedings set forth within this title.

(Ord. 1636 (part), 1991).

Upon receipt of the proposed amendment and commission recommendation from the zoning administrator, governing body action shall be taken pursuant to the provisions of SDCL Chapter 11-4.

(Ord. 1636 (part), 1991).

To ensure that the intent of this chapter is implemented and that all home occupations will be operated under the operational standards and criteria required in this section, all businesses to be located in any residential or agricultural district must secure approval of a home occupation permit prior to starting any home occupation. Home occupations are intended for the residents of residential properties. Home occupations will not be granted for parties that do not reside at the requested residence.

(Ord. 2043 (part), 2008: Ord. 1990 (part), 2005: Ord. 1636 (part), 1991).

(1)

"Home occupation" means any gainful occupation or profession conducted within a dwelling or accessory building by a resident thereof.

(2)

"Home occupation permit" means the form upon which is noted the home occupation applied for with the subsequent action taken by city staff, or the hearing examiner and governing body as appropriate.

(3)

"Resident" means that person(s) who resides or dwells in a particular home.

(Ord. 2043 (part), 2008; Ord. 1990 (part), 2005: Ord. 1636 (part), 1991).

(Ord. No. 2146-23-383, 6-2-2014)

The city of Huron recognizes that certain limited businesses are traditional and appropriate in residential areas. Therefore, this chapter is established to accomplish the following purposes:

(1)

To recognize that home occupations represent a necessary alternative to the standard business operation in a commercial district for certain small business owners;

(2)

To identify the types of home-based businesses that are allowable and not allowable in residential neighborhoods;

(3)

To regulate certain business activities in order to protect and maintain the character of residential neighborhoods; and

(4)

To establish a process for the review and approval of home occupation permits to ensure that the business operation has no objectionable impacts on the neighborhood.

(Ord. 1990 (part), 2005: Ord. 1636 (part), 1991).

Upon receipt of any home occupation application from the hearing examiner, the governing body shall conduct the second hearing of the home occupation application at their next meeting.

(1)

The agenda of the governing body shall be published at least once before the second hearing and shall state that a home occupation has been requested and shall state the date, time and place of the second hearing.

(2)

At the time set for the second hearing, the governing body shall consider the recommendations of the hearing examiner. Based on the hearing examiner's recommendations, findings and all written and oral testimony, the governing body may grant or deny the home occupation.

(Ord. 1636 (part), 1991).

Home occupations permitted as of the date of enactment of the ordinance codified in this chapter, change will be allowed to remain until such time the occupation changes, the location moves or the permit is revoked.

(Ord. 1990 (part), 2005: Ord. 1636 (part), 1991).

Home occupation permits shall be revocable for cause. Permits may at any time be revoked upon action by the governing body based on a report by the enforcement officers of noncompliance or complaints of neighboring property owners. Upon receipt of a complaint regarding the operation of a home occupation or an observation of a violation of the operational standards, the zoning administrator, building inspector or his designated official shall investigate the nature of the alleged violation or complaint and determine whether the subject home occupation complies with the provisions of this chapter. Should the zoning administrator, building inspector or his designated official determine that the subject home occupation is not complying with the provisions of this chapter, they will provide that information to the governing board who may revoke the permit. Grounds for revocation include the following:

(1)

Violation of any of the home occupation operational standards;

(2)

Violation of any conditions of approval;

(3)

Violation of any law or ordinance in connection with the home occupation;

(4)

Using the home occupation to conduct any illegal activity; and

(5)

Creation of any nuisance to the neighborhood.

(Ord. 1990 (part), 2005).

Home occupation permits shall continue to be valid until revoked or until one or more of the following occurs:

(1)

The authorized use does not commence within one year of approval;

(2)

The use ceases for a period greater than six months;

(3)

The permitted use moves from the approved location;

(4)

The permit is not properly renewed as required.

(Ord. 1990 (part), 2005).

Certain home occupations which have a tendency to change the residential character of a residential neighborhood have been identified. These occupations shall not be considered as incidental and secondary uses of a residence intended for dwelling purposes. The occupations listed below and similar occupations which, in the opinion of the zoning administrator, building inspector or his designated official, will have a detrimental effect on residential neighborhoods, shall be prohibited:

(1)

Car sales as a business;

(2)

Home occupation by lessee/renter without written consent of property owner;

(3)

Kennels or boarding for pets, training or raising of dogs or cats, birds, or other animals where any animals are kenneled or boarded out-of-doors;

(4)

Manufacture or processing of goods, materials or objects, except uses such as dressmaking, arts and handicrafts, where goods are not manufactured or processed as stock for sale or distribution;

(5)

Sales of commercial cleaners;

(6)

Sales and repair of motorized vehicles;

(7)

Sales of explosives;

(8)

Tattoo or body piercing parlors.

(9)

Businesses that serve customers in vehicles through means of a drive-through.

(Ord. 2043 (part), 2008; Ord. 1990 (part), 2005).

(Ord. No. 2099, 6-27-2011)

(1)

An application for a home occupation, as defined by Section 23.08.085 of this code, shall be filed with the zoning administrator, building inspector or his designated official with such filing fee as established in this chapter. Applications shall state the special circumstances or conditions for which the home occupation is sought and shall note the reasons claimed as a basis for the request for a home occupation. Applicant and owner shall sign a form granting the city permission to place a sign on their land that advertises public hearings on the application.

(2)

All Type III home occupation permits are subject to review if there is a nuisance complaint regarding the use. If a complaint is filed, the governing board will hold a hearing on the home occupation permit.

(Ord. 1990 (part), 2005).

(Ord. No. 2229-23-405, 8-30-2021)

All approved home occupation permits shall be granted with the following conditions:

(1)

All Type III home occupation permits are subject to biennial review and renewal unless there is a nuisance complaint regarding the use. If a complaint is filed, the governing board will hold a hearing on the home occupation permit.

(2)

There shall be no renewal permit fee for home occupation permits.

(3)

The city planning commission has established the following rules needed for processing the biennial reviews and renewals:

(a)

For renewals, the zoning administrator, building inspector or his designated official will contact the home occupation permit holder to determine if the home occupation is still being conducted and to determine if the home occupation has changed from the previously approved application. The zoning administrator, building inspector or his designated official will visit the home occupation site or drive by the site to determine compliance with any stated conditions.

(b)

City will notify the applicant that renewal hearings will be conducted and of the date, time and place of the hearings.

(c)

The hearing examiner and governing board will hold one public hearing each regarding the requested home occupation renewal and determine, based on information provided or presented, whether the home occupation permit can be renewed for two more years.

(d)

The applicant will be contacted after the public hearings and notified of the action of the hearing examiner and governing board.

(Ord. 1990 (part), 2005).

Type I and Type II home occupation permits may be granted by city staff. Any decision of city staff may be appealed by the applicant or another aggrieved party to the hearing examiner and city commission without an appeal fee. The notice of appeal shall be in writing and shall be filed with the zoning administrator at the city planning office.

(Ord. 1990 (part), 2005).

Type III major effect home occupation permit applications are automatically sent to the hearing examiner for public hearing. An appeal of the decision of a city staff member on a Type I or Type II permit will be sent to the hearing examiner for public hearing. No less than five days nor more than ten days in advance of the first public hearing in front of the hearing examiner, the zoning administrator shall cause a notice of the proposed Type III home occupation permit application or request for appeal to be sent to all persons owning property within one hundred fifty feet, excluding all public rights-of-way, of the applicant's property. Such letter of notice shall state the nature of the application or appeal as well as the time and place of the first public hearing. No less than five days nor more than ten days in advance of the first public hearing in front of the hearing examiner, the zoning administrator shall cause a sign or signs to be posted on the subject property. The sign(s) shall state the nature of the application and the date, time and place of the first public hearing. At the first public hearing in front of the hearing examiner, the hearing examiner shall conduct a hearing to obtain testimony regarding the application or appeal and shall make written findings as spelled out in this title. Based on these findings, the hearing examiner shall either recommend that the governing body grant or deny the application or appeal in conformance with the findings. The hearing examiner may recommend conditions on the proposed home occupation. Unless an application is withdrawn, all applications and appeals are forwarded from the hearing examiner to the governing body for a second hearing and decision. If the applicant desires to withdraw his application after consideration by the hearing examiner, he/she may do so and will be returned one-half of his/her application fee.

(Ord. 1990 (part), 2005).

Upon receipt of any home occupation application or appeal from the hearing examiner, the governing body shall conduct the second hearing of the home occupation application at their next meeting.

(1)

The agenda of the governing body shall be published at least once before the second hearing and shall state that a home occupation has been requested and shall state the date, time and place of the second hearing.

(2)

At the time set for the second hearing, the governing body shall consider the recommendations of the hearing examiner. Based on the hearing examiner's recommendations, findings and all written and oral testimony, the governing body may grant or deny the home occupation or table the request to gather further information. The governing body may recommend conditions on the proposed home occupation.

(Ord. 1990 (part), 2005).

In granting a home occupation, the governing body shall prescribe any conditions that it deems to be necessary or desirable. A home occupation permit may be granted after finding that some or all of the following conditions exist:

(1)

The occupation is clearly subordinate to the principle use of the premises;

(2)

The occupation will be conducted within the dwelling or accessory building;

(3)

There will be no exterior visible evidence of the home occupation;

(4)

Any signs will be regulated as herein provided;

(5)

There will be compatibility with the zoning district;

(6)

No adverse effect on the character of the area by an increase in such elements as dust, odors, noise, gas and traffic volumes;

(7)

Opposition (if any) of surrounding property owners shall be considered in the application process;

(8)

Does not adversely affect the public safety;

(9)

Does not adversely affect established property values.

(Ord. 1990 (part), 2005).

Home occupations permitted by this chapter shall be classed into three categories:

(1)

Type I minimal effect;

(2)

Type II moderate effect;

(3)

Type III major effect.

Categories of home occupations are based on the operational characteristics and past performance of such home occupations. Applications will be processed based on the classification of the home occupation. In the event that a particular home occupation being requested is not specifically listed or cannot be clearly associated with one of the home occupations listed below, the zoning administrator, building inspector or designated official shall determine the classification of the proposed home occupation.

(Ord. 1990 (part), 2005).

(1)

TYPE I MINIMAL EFFECT HOME OCCUPATION IS DEFINED AS: A business, profession, occupation or trade conducted for gain or support and located entirely within the primary dwelling, which use is accessory, incidental and secondary to the use of such dwelling for residential purposes and does not change the residential character or appearance of such dwelling.

(2)

TYPE I MINIMAL EFFECT HOME OCCUPATION PERMITTED USES. Type I limited effect home occupations may include but not be limited to:

(a)

Artist/artisan;

(b)

Professional office (author, architect, consulting, word processing, computer programming, drafting, graphics, engineering, investments, insurance, interior design, real estate, ministerial and secretarial) if the home occupation holder is self-employed with less than two employees outside the family of the home occupation holder;

(c)

Contracted bakery/catering service;

(d)

Handicrafts (not for sale on site);

(e)

Individual tutoring, including music, arts and crafts, or language lessons;

(f)

Individual musical instructions without amplification (three students or less at one time);

(g)

Telephone answering;

(h)

Mail ordering;

(i)

Special occasion service;

(j)

Coin collection;

(k)

Sales involving or similar to Amway, Shaklee, Avon, Mary Kay, Market America or Tupperware;

(l)

Tailor/seamstress;

(m)

Barber/beauty shop (with one or two chairs).

(3)

TYPE I MINIMAL EFFECT HOME OCCUPATION SHALL COMPLY WITH THE FOLLOWING GENERAL RULES:

(a)

The occupation shall be conducted entirely within the principal building. No occupation, storage of goods, materials or products shall be allowed in any accessory building.

(b)

The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes.

(c)

Only residents of the dwelling unit shall be employed or participate in the home occupation.

(d)

There shall be no signs, exterior display, exterior storage or other exterior indication of the home occupation.

(e)

No occupation shall require internal alterations or involve construction features not customary in a dwelling unit. External alterations intended to create a separate entrance or other feature exclusively for the business is prohibited.

(f)

Mechanical equipment which is not customarily or ordinarily used for household or hobby purposes is prohibited.

(g)

Toxic, explosive, flammable, combustible, corrosive radioactive or other restricted materials are prohibited.

(h)

Any process or activity which causes offensive odors, dust glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interferences in radio or television receivers shall be prohibited.

(i)

The occupation shall not generate additional pedestrian or vehicular traffic (beyond that normal to the district in which it is located) nor require any additional vehicular parking in the neighborhood beyond that commonly seen in a residential neighborhood.

(j)

No on-site sales of merchandise shall be allowed nor shall on-site training promotions be permitted.

(k)

The conduct of any home occupation shall not reduce or render unusable any area provided or intended or required for off-street parking for the residents or prevent the number of cars intended to be parked in the area from doing so.

(l)

No more than three pupils, clients or customers can be present at the same time.

(4)

TYPE I MINIMAL EFFECT HOME OCCUPATION APPLICATION PROCEDURE AND FEES.

(a)

Application for a Type I home occupation permit shall be made to the zoning administrator, building inspector or his designated official officer on a form provided by the city.

(b)

The application shall be evaluated using the criteria established for a Type I minimal effect home occupation which shall be considered minimum conditions for approval.

(c)

The zoning administrator shall transmit a copy of the application to the building inspector.

(d)

A site plan and/or site inspection may also be required prior to determining conformance and issuance of the permit.

(e)

Approval of the application may be provided by the zoning administrator, building inspector or his designated official.

(f)

Upon conformance and payment of any applicable fees required, a home occupation permit will be issued.

(g)

The application fee for a Type I Home Occupation Permit shall be set by resolution of the governing board and shall be paid to the zoning administrator, building inspector or his designated official at the time of filing the application.

(Ord. 1990 (part), 2005).

(Ord. No. 2136-23-382, 1-6-2014; Ord. No. 2146-23-383, 6-2-2014)

(1)

TYPE II MODERATE EFFECT HOME OCCUPATION IS DEFINED AS: A Type II moderate effect home occupations are those uses which, if not operated in full conformance with the operational standards listed as Type I could have negative impact on surround neighbors or the neighborhood. Type II home occupations have greater potential to exceed the occupational standard than Type I home occupations.

(2)

TYPE II MODERATE EFFECT HOME OCCUPATION PERMITTED USES. Type II moderate effect home occupations may include but not be limited to:

(a)

Barber shop/beauty salon (three or four chairs);

(b)

Electrolysis;

(c)

Blade sharpening;

(d)

Gunsmith; or sales of firearms with the condition that the applicant can obtain the appropriate state and federal firearms license(s);

(e)

Portrait studio;

(f)

Individual counseling;

(g)

Upholstery;

(h)

Electronic repair;

(i)

Woodworking for hire;

(j)

Motorized vehicle detailing (consisting of cleaning and polishing) provided that the use and any related activities are enclosed entirely within structures on the lot. (Motorized vehicle body repair and painting are not allowed).

(3)

TYPE II MODERATE EFFECT HOME OCCUPATION SHALL COMPLY WITH THE FOLLOWING GENERAL RULES:

(a)

The occupation shall be conducted entirely within the principal or accessory building.

(b)

The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes.

(c)

Residents of the dwelling unit and one nonresident may be employed or participate in the home occupation. Off-street parking shall be provided for employees or clients.

(d)

Signs shall be limited to two square feet per Section 23.40.220(1) of this code.

(e)

There shall be no exterior display, exterior storage or other exterior indication of the home occupation except for a sign.

(f)

No occupation shall require substantial internal or external alterations or involve construction features not customary in a dwelling unit.

(g)

Limited quantities of goods, products or materials associated with the home occupation shall be permitted to be stored on the premises. Storage within a garage shall not displace parking spaces required by this chapter.

(h)

Toxic, explosive, flammable, combustible, corrosive radioactive or other restricted materials are prohibited.

(i)

Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interferences in radio or television receivers shall be prohibited.

(j)

Two on-premises parking spaces, in addition to those required for the dwelling unit, shall be provided for the home occupation.

(k)

The conduct of any home occupation shall not reduce or render unusable any area provided or intended or required for off-street parking for the residents or prevent the number of cars intended to be parked in the area from doing so.

(l)

There shall not be conducted on the premises the business of selling socks of merchandise, supplies or products provided that limited retail sales directly related to the home occupation may be sold to clients.

(m)

No more than one home occupation shall be permitted within any single family dwelling situated on any single lot.

(n)

Home occupations that attract customers, clients or other individuals to the premises for sale or service shall not be allowed in an apartment building.

(4)

TYPE II MODERATE EFFECT HOME OCCUPATION APPLICATION PROCEDURE AND FEES.

(a)

Type II home occupations may be approved by the zoning administrator, building inspector or his designated official upon completion of an application and a ten-day public comment period.

(b)

The zoning administrator shall transmit a copy of the application to the building inspector.

(c)

A sign shall be posted at the proposed site of the home occupation at least ten days prior to occupation.

(d)

Notices shall be sent by regular mail to the property owners of all adjacent parcels and any parcels immediately across the street from the applicant's residence.

(e)

The zoning administrator, building inspector or his designated official may place conditions on the approval of any applicant to ensure full compliance with the standards of a Type II home occupation. (Possible conditions may include but not be limited to hours of operation, requirement for fencing, limitations of outside storage of vehicles and/or equipment, etc.).

(f)

The application fee for a Type II Home Occupation Permit shall be set by resolution of the governing board and shall be paid to the zoning administrator, building inspector or his designated official at the time of filing the application.

(g)

The zoning administrator can refer an application for a formal public hearing before the hearing examiner and city commission if there is reason to believe that the proposed home occupation will be not able to conform to the operational standards of a Type II home occupation.

(h)

The action of the administrator may be appealed by the applicant or any interested party in according with the provisions of this chapter.

(Ord. 1990 (part), 2005).

(Ord. No. 2099, 6-27-2011; Ord. No. 2136-23-382, 1-6-2014; Ord. No. 2146-23-383, 6-2-2014; Ord. No. 2229-23-405, 8-30-2021; Ord. No. 2260-23-413, 5-13-2024)

(1)

TYPE III MAJOR EFFECT HOME OCCUPATION IS DEFINED AS: Type III major effect home occupations are those that may have a tendency to change the residential character of the neighborhood. These occupations are considered secondary to the use of a residence for dwelling purposes.

(2)

TYPE III MAJOR EFFECT HOME OCCUPATION PERMITTED USES. Type III major effect home occupations may include but not be limited to the following uses:

(a)

General contracting;

(b)

Landscape maintenance (lawn mowing, irrigation system installation or repair, care and planting or living ornamental vegetation or snow removal);

(c)

Building maintenance and janitorial services (carpet cleaners);

(d)

Office for environmental services, involving the storage or handling of hazardous or toxic materials;

(e)

Animal grooming, taxidermy with the condition that any animal grooming will be secondary to the use of the house as a residence;

(f)

Household appliance repair;

(g)

Uses involving a commercial vehicle other than an automobile or standard pickup truck;

(h)

Food processing or packing for sale off the premises;

(i)

Small engine repair within a building or storage area;

(j)

Sales of clothing items.

(3)

TYPE III MAJOR EFFECT HOME OCCUPATION SHALL COMPLY WITH THE FOLLOWING GENERAL RULES:

(a)

Limited quantities of goods, products or materials associated with the home occupation may be stored on the premises. Storage, related to the home occupation, within a garage shall not displace parking spaces normally provided within the garage structure and required by this chapter.

(b)

Toxic, explosive, flammable, combustible, corrosive radioactive or other restricted materials are prohibited.

(c)

Any process or activity which causes offensive odors, dust glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interferences in radio or television receivers shall be prohibited.

(d)

Signs shall be limited to two square feet per Section 23.40.220(1) of this code. Name plate signs on trucks and trailers are allowed.

(e)

No commercial vehicle in connection with the home occupation may be stored or parked except on a hard surfaced driveway (gravel, asphalt or concrete) or within a fully enclosed private garage.

(f)

The conduct of a home occupation shall not reduce or render unusable area provided for the required off-street parking for the residents.

(g)

Commercial vehicles and trailers associated with the home occupation may not be parked on any public street except when services are being provided.

(h)

Vehicles and trailers used on conjunction with any home occupation may not be parked in the front yard. (Corner lots have two front yards.)

(i)

Type III home occupations may get too large for operation out of a private residence. When it becomes evident that a home occupation is no longer appropriate for location in a residential district, the city will notify the home occupation permit holder and negotiate a transition period where the home occupation would be relocated to an appropriate zoning district. Typical evidence that a home occupation is no longer appropriate for location in a residential district might include but not be limited to:

(A)

The applicant can no longer meet the conditions set with the permit;

(B)

Evidence of outside storage of equipment and materials related to the home occupation;

(C)

That the amount of traffic generated by the home occupation exceeds the provisions of the ordinance codified in this chapter.

(4)

TYPE III MAJOR EFFECT HOME OCCUPATION APPLICATION PROCEDURE AND FEES.

(a)

Application for a Type III major effect home occupations shall be filed with the zoning administrator, building inspector or his designated official no less than fifteen days prior to the first public hearing at which such application is to be considered.

(b)

A site plan and/or site inspection will be required prior to determining conformance with required conditions.

(c)

The application fee for a Type III Home Occupation Permit shall be set by resolution of the governing board and shall be paid to the zoning administrator, building inspector or his designated official at the time of filing the application.

(d)

The zoning administrator shall transmit a copy of the application to the building inspector.

(e)

The zoning administrator shall cause a sign to be posted on the property advertising the public hearing(s).

(f)

The hearing examiner shall conduct the first public hearing and make a recommendation.

(g)

The following Monday, the city commission shall conduct a second public hearing and approve or deny the request or table the request to gather further information on the request.

(h)

Prior to the business opening, the Building Official and/or Fire Chief shall conduct a home inspection ensuring that all related building and zoning codes and additional conditions or requirements as may be required by the Board of Adjustment or City Commission will be met.

(Ord. 2043 (part), 2008; Ord. 1990 (part), 2005).

(Ord. No. 2136-23-382, 1-6-2014; Ord. No. 2229-23-405, 8-30-2021; Ord. No. 2260-23-413, 5-13-2024)