The purpose of this subchapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this subchapter is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.

(Ord. 2013-05, passed 5-20-2013)

   All occupations conducted in the home shall comply with the provisions of this subchapter, the provisions of the district in which it is located, and other sections of this chapter.

(Ord. 2013-05, passed 5-20-2013)

      (1)   No person other than those who customarily reside on the premises shall be employed on the premises.

      (2)   Activities associated with the occupation shall be conducted entirely within the principal building whenever possible and should not be conducted in an accessory building.

      (3)   Activities associated with the occupation shall not create a parking demand in excess of what which can be accommodated in an existing driveway. Such occupation does not generate more than 2 vehicles at 1 time.

      (4)   The following activities, and those similar, are prohibited: repair service or manufacturing which requires equipment other than found in a home; teaching which customarily consists of more than 2 pupils at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.

      (5)   Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a "special home occupation license" which shall be applied for, reviewed and approved in accordance with the provisions of this section.

(Ord. 2020-04, passed 11-16-2020)

         (a)   No person other than those who customarily reside on the premises and 1 full-time equivalent additional employee shall be employed on the premises.

         (b)   Parking demand may be accommodated through utilization of on-street parking.

         (c)   An accessory building may be used for the storage of items incidental to the licensed home occupation.

         (d)   Bed and breakfasts may be permitted provided that:

            1.   It shall be part of an owner-occupied residential structure.

            2.   Four or fewer rooms are for rent for a period not to exceed 14 consecutive days during any 90-day period.

            3.   The establishment conforms with all applicable federal and state regulations, and Building Code requirements.

            4.   The primary entrances to all guestrooms are located inside the dwelling.

            5.   A guest register is maintained and available for city inspection.

            6.   No food preparation or cooking is conducted within guestrooms.

            7.   Food service is limited to breakfast.

            8.   No other commercial use may occur on the property. Gatherings such as luncheons, banquets, parties, weddings, meetings, and fund-raising events are prohibited.

            9.   Parking shall be accommodated on the property and parking requirements for guests are in addition to those required for the principal residential use. Parking shall conform to the requirements of §§ 154.221 through 154.230 Purpose and Proof of Parking of this chapter.

(Ord. 2020-04, passed 11-16-2020)

   (A)   The following activities are prohibited:

      (1)   Manufacturing business.

      (2)   Mechanical or electric equipment not customarily found in a home.

      (3)   Interior or exterior alterations and construction features which are not customarily found in a dwelling.

      (4)   Production of light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

      (5)   Equipment which will create electrical interference to surrounding properties.

      (6)   Exterior outdoor storage of equipment or materials, with the exception of personal automobiles used in the home occupation, which may be parked on the site.

      (7)   Display or evidence visible from the property exterior that indicates the premises are used for any purpose other than that of a dwelling.

      (8)   Signage, except as permitted in accordance with §§ 154.241 through 154.260 Signs.

   (B)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

   (C)   The floor area devoted to the home occupation, other than day care, shall not exceed 25% of the total ground area occupied by buildings on the lot.

   (D)   Whenever within 1 year after granting approval, the use as permitted by the approval has not been initiated, then such approval shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Zoning Administrator.

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-01, passed 2-3-2020; Am. Ord. 2020-04, passed 11-16-2020)

   Existing home occupations lawfully existing on the effective date of this chapter may continue as non-conforming uses. They shall however, be required to obtain approval for their continued operation. Any existing home occupation that is discontinued for a period of more than 1 year shall be brought into conformity with the provisions of this chapter prior to re-institution.

(Ord. 2013-05, passed 5-20-2013)

   The city hereby reserves the right upon issuing any home occupation approval to inspect the premises in which the occupation is being conducted to ensure compliance and the provisions of this subchapter or any conditions additionally imposed.

(Ord. 2013-05, passed 5-20-2013)

   Any home occupation found to be in violation of this subchapter shall be served with a notice from the Zoning Administrator. If the violation is not corrected within 10 days, the approval for the home occupation shall be revoked. Proof of compliance shall be provided if complaints are received by the City Council.

(Ord. 2013-05, passed 5-20-2013)