The applicant can demonstrate that an existing child day care located within 300 feet is at capacity; or

The need exists for a particular or unique service not provided by an existing child day care location within 300 feet.

Application. Application for a home occupation permit must be made on an application form provided by the City Planner and be accompanied by a filing fee established by City Council resolution.

Conditions of Approval. In approving a home occupation, the City Planner may include decision reasonable conditions deemed necessary to protect the health, safety and welfare of the community and to ensure the intent of this section.

Review and Inspection. Home occupations may be periodically reviewed and an inspection made of the property by the City Planner to verify continued compliance with the necessary criteria and conditions of approval.

Revocation of Permits. The City Planner may revoke any home occupation permit for noncompliance with the conditions set forth in approving the permit or inconsistency with this section.

Appeal Procedure. Appeals may be taken to the Planning Commission by the applicant or any other person aggrieved by the City Planner's decision pursuant to Chapter 1.10.

Office use;

Mail ordering;

Home crafts such as model making, basket weaving.

Auto repair;

Barber shop or beauty salon;

Carpentry work;

Dance instructions;

Funeral chapel or funeral home;

Gift shop;

Medical or dental offices, labs, clinics, or hospitals;

Auto, boat and trailer painting;

Photo studio;

Private schools;

Renting of equipment and/or trailers;

Appliance repairs;

Eating establishment;

Kennel;

Tailors, dressmakers, upholstery;

Service uses, personal and professional;

Such other uses that may generate excessive pedestrian or vehicle traffic and that may be obnoxious or a nuisance to adjacent residents such as noise, odor, or appearance as determined by the City Planner, or that violate the use limitations provided in subsection (5) of this section.

One home occupation per address.

In the primary residence of the applicant proposing to conduct the business.

A home occupation is limited to paperwork only, conducted entirely within the designated room of the home, and may not have a need for any type of vehicle to transport materials or equipment used in conjunction with the business other than a private automobile.

No employment of help other than members of the resident family.

The home occupation use must be incidental to the primary use of the structure as a residential use and cannot detract from the residential character of the neighborhood. Not more than 200 square feet or 10% of the floor area, whichever is less, may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

No direct sales of product or merchandise from the home.

No traffic can be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation must be met off the street. Visitor, customers, or deliveries cannot exceed that normally and reasonably occurring for a residence as determined by the City Planner and this code.

No home occupation can be conducted in any accessory building or space outside of the main building such as the accessory dwelling unit, garage or storage building.

There may not be any on-site storage of materials other than samples.

The home occupation may not involve use of advertising signs on the premises or any other external on-site advertising media which calls attention to the fact that the house is being used for a business purpose.

There may not be any alteration of utilities or installment of special equipment for the purpose of accommodating the proposed home occupation.

A maximum of one three-quarter ton vehicle may be kept in conjunction with an approved home occupation use if approved by the City Planner.

Under no circumstances may the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character whether by the use of colors, materials, construction, lighting, signs, or the emission of sound, noise, or vibration.

The street address of the residence may not be used for advertisements.

All respects of the home occupation must be conducted entirely within an enclosed structure. Supplies, tools, equipment, goods, samples and other items relating to a home occupation cannot be stored or displayed outside or at any location within a structure where they will be visible to passing pedestrian or vehicular traffic.

There may not be any use of any equipment which may cause radio or television interference or fluctuation in line voltage off the property.

There may not be any process, procedure, substance, or chemical used which is hazardous to public health, safety, morals or welfare.

No person may park any vehicle or any component thereof, for any purpose, in any front or side yard area on any residentially zoned lot, except the parking on driveways of passenger vehicles or as otherwise permitted by this chapter.

Cul-de-Sac. The depth of the required front yard on a lot facing directly upon the arc of a cul-de-sac is measured parallel to the front property line.

On lots recorded after February 21, 1962, in hillside areas, where the natural grade of any rear yard area is in exceeds 20%, and not less than 15 feet of rear yard area must be provided with a grade not greater than 10%. Provided, however, that where impractical or impossible, then in lieu thereof, each such lot may be provided with an open area on not more than two levels, subject to the approval of the City Planner of not less than 1,000 square feet and a minimum dimension of 15 feet with a grade not in excess of 10% in either or both of the side or rear yard areas, excluding driveways from such computation. For the purposes of this subsection, open porches and decking may be computed as required level area.

Main buildings and unenclosed off-street parking spaces may occupy not more than 50% of the required rear yard provided:

Roof Projections. Architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend up to five feet above the maximum structure height established for each zone. Heights exceeding these limits must be approved by the Planning Commission.

Flag poles may be permitted up to a height of 35 feet in residential districts and 50 feet in nonresidential districts. Heights exceeding these limits must be approved by the Planning Commission.

The use of barbed wire (which includes cyclone fencing and the like), electrified equipment excepting motorized equipment specifically designed to open and close gates, or chicken wire in conjunction with any fence or wall by itself;

Chain-link fencing in required front yards in all R Zones.

It would eliminate any required off-street parking spaces.

It could only be located in the front yard.

It would reduce required walkways to less than three feet in width.

It could not meet the locational requirement of paragraph (9) of this subsection (S).

Most of the open areas in front of the house exposed to public view, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff. Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths-inch or more.

A solid perimeter fence six feet in height may be provided along the side and rear lot lines. The fence must be reduced to four feet in height in the required front yard.

Landscaping must consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and adaptability to existing soil and climatic conditions. A list of suitable plant materials may be obtained from the Planning Division.

If a manual or automatic irrigation system is installed such system must be a low flow or drip irrigation system.

All open areas, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff. Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes at a minimum: two specimen trees, minimum 24 inch box size, per each dwelling unit; one five-gallon shrub per 40 square feet of the area to be landscaped; approved ground cover planted at a density to achieve 50% of land area coverage within one year; and grass area within the 25 foot front yard setback across the substantial width of the lot, with a depth of a minimum of 15 feet from the back of the sidewalk. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths-inch or more upon approval of the City Planner.

A solid perimeter masonry wall six feet in height must be provided along the side and rear lot lines. The wall must be reduced to four feet in height in the required front yard. A landscaping strip not less than three feet in width must be placed adjacent to the perimeter wall. Shrubs or vines not smaller than five-gallon capacity must be planted not farther apart than six feet along the entire perimeter of the side and rear property lines. Alternatively, or in combination with shrubs and vines, the perimeter must be planted with low ground cover and trees not smaller than 24 inch box size, planted not farther apart than 16 feet along the lot lines.

All driveway planters must be bordered by a minimum six-inch-high concrete curb.

Whenever a driveway is located within a required side yard, and when primary living space(s) face the yard, a landscaped area at least six feet wide must be maintained between such a driveway and the building, except when the driveway is contiguous to parking spaces. Required walkways may encroach not more than 36 inches into such landscaped area.

A planting strip not less than 18 inches in width must be installed and continuously maintained along both sides of an unenclosed parking space located between two residential buildings on the same lot.

A permanent automatic irrigation system must be installed and maintained for all landscaped areas. A low flow or drip irrigation system must be installed to reduce water consumption.

Before the City issues a building permit, complete landscaping and irrigation plans, signed by a landscape contractor and/or landscape architect, must be submitted for City Planner approval. The plans must show the location of turf, trees, shrubs, walks, fences and any ponds, fountains or other decorative features; list the botanical and common names of all plants with the quantity of each and their container size; indicate soil preparation necessary; provide a typical planting detail for trees and shrubs; and clearly portray the location, coverage and specifications of the permanent, automatic irrigation system. All landscaping and irrigation systems shown on approved plans must be installed as required by the City Planner.

Landscaping consisting of combinations of evergreen trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and adaptability to existing soil and climatic conditions. All plant material must be drawn from the list of suitable plant materials provided by the Planning Division, exceptions for the use of other plant material is allowed only upon approval of the City Planner.

Where conflicts in language may exist between these landscape water conservation standards and the city's land development provisions for landscaping, the more restrictive water conserving language prevails.