The purpose of this section is to establish standards for home-based businesses.

(Ord. No. 2020-4540, § 1, 9-3-20)

The intent of this section is to:

A.

Recognize the need for some citizens to use their place of residence for limited nonresidential business activities.

B.

Ensure that home-based businesses are accessory and clearly incidental to the residential use of the dwelling.

C.

Protect and maintain the character of residential neighborhoods.

D.

Ensure that home-based businesses do not create excess traffic, activity, noise, or other nuisances.

(Ord. No. 2020-4540, § 1, 9-3-20)

This section shall apply to all home-based businesses.

(Ord. No. 2020-4540, § 1, 9-3-20)

Home-based businesses shall be permitted as an accessory use to a residential use in any "R," "NU," "PDR" or "RDMXD" zoning district subject to the following:

A.

Appearance of residence.

1.

The home-based business shall be restricted to the dwelling unit, not visible from the public right-of-way, and be conducted in such a manner as not to give an outward appearance of a business.

2.

The home-based business shall not result in any structural alterations or additions to the dwelling that will change its primary use.

3.

No display of products and/or equipment produced or used by the home-based business may be displayed so as to be visible from outside the dwelling.

B.

Storage.

1.

No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home-based businesses shall be permitted.

2.

On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited.

C.

Employees and customers.

1.

No greater than two (2) customers, clients, or non-occupant employees shall be permitted on the premises at any given time, unless modified by a conditional use permit as outlined in section 25-22.7, Conditional Use Permit.

2.

Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home.

D.

Advertising and signage. No advertising or business signs are permitted on the premises, with the exception of those painted or otherwise affixed to stock motor vehicles operated by an occupant of the dwelling. However, in no case shall vehicles specifically designed or modified for advertising purposes be permitted.

E.

Automobiles, trailers, and parking. Parking of commercial vehicles or trailers is not permitted in conjunction with the home-based business except as follows:

1.

Stock motor vehicles with signs painted or affixed shall be permitted.

2.

One (1) trailer per home-based business may be permitted to park outside an enclosed garage as follows:

a.

Said trailer shall be less than twenty-two (22) feet in length; and

b.

Said trailer shall be parked in the driveway. Parking on the lawn or landscaped areas shall not be permitted; and

c.

If said trailer incorporates business signage, it shall be parked behind the forward-most face of the dwelling or otherwise located to hide the signage from the public right-of-way to the greatest extent practical, as determined by the city planner.

d.

These provisions may be modified by a conditional use permit as outlined in section 25-22.7, Conditional Use Permit.

F.

General provisions.

1.

Any home-based business 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.

2.

A home-based business shall be owned and operated only by the occupants of the dwelling.

3.

Retail or wholesale transactions shall be limited to those conducted by mail, phone, or internet. No commodity shall be sold upon or from the premises, unless such sales are incidental to the services provided.

4.

Home-based businesses shall comply with all local, county, state, or federal regulations pertaining to the activity pursued, and the requirements of this section shall not be constructed as an exemption from such regulations.

5.

A home-based business license shall be required in accordance with the regulations established in the Municipal Code.

(Ord. No. 2020-4540, § 1, 9-3-20)

The following uses are prohibited:

A.

No equipment shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in the line voltage off the premises.

B.

No equipment or process shall be used in a home-based business that creates excessive noise, vibration, glares, fumes, or odors detrimental to the health, safety, peace, comfort, and general welfare of the persons residing in the neighborhood.

C.

The following uses shall not be permitted as home-based businesses due to their adverse impact on neighborhood character:

1.

Animal kennels (LUC #81295).

2.

Food services and drinking places (LUC #722) with the exceptions of foodservice contractors (LUC #72231) and caterers (LUC #72232).

3.

Automotive repair services (LUC #81111-81116).

4.

Marijuana-related businesses (LUC#452998).

5.

Any other use which fails to meet the requirements of this section, as determined by the city planner.

(Ord. No. 2020-4540, § 1, 9-3-20)

A nonconforming home-based business is one (1) as defined by section 25-7, Nonconforming Lots, Structures, and Uses, of the Zoning Code.

(Ord. No. 2020-4540, § 1, 9-3-20)

A.

Where indicated by this section, a conditional use permit may be used to modify certain standards provided that the proposed home-based business will meet or exceed the intent of this section.

B.

Only the standards specifically indicated may be modified by the conditional use permit.

C.

Review and approval shall be in accordance with section 25-5, Conditional Use Permits.

(Ord. No. 2020-4540, § 1, 9-3-20)