It is recognized that there is a need for some persons to use their place of residence for limited nonresidential activities. It is the purpose of this section to allow limited commercial type activity in a residential area, to the extent that only limited amounts of pedestrian and vehicular traffic are generated.

(Code 1977, § 20.22(1))

All home occupations shall conform to the following standards:

(1)

Permitted home occupations shall not be conducted in any building on the premises other than the building which is used by the occupant as the private dwelling; and, furthermore, that not more than 300 square feet of gross floor area may be used for such purposes;

(2)

Only one nonilluminated sign attached to the dwelling unit and not larger than one square foot in area shall be permitted;

(3)

There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment;

(4)

The operation may be conducted only by an occupant(s) residing at the location of the proposed home occupation;

(5)

The use of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited;

(6)

One off-street parking stall shall be provided for the use. The use may increase vehicular traffic flow and parking by no more than one vehicle at a time;

(7)

Only those articles produced by the home occupation may be sold on the premises;

(8)

The operation of any wholesale or retail business is prohibited unless it is conducted entirely by mail, and does not involve the sale, shipment or delivery of merchandise on the premises;

(9)

Any manufacturing business or activity which produces noxious matter or perceptible noise beyond the lot line is prohibited;

(10)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than one vehicle, not to exceed three-quarter-ton capacity, owned and operated by the occupant of the dwelling;

(11)

Any business or activity involving the care, grooming, breeding or keeping of animals on the premises is prohibited; and

(12)

The occupant must obtain a home occupation permit before entering into business.

(Code 1977, § 20.22(2))

The procedure to obtain a home occupation permit consists of:

(1)

Applicant shall make application to the Department of Community Development. The department shall review the proposed home occupation with the applicant to see whether it conforms to the required standards;

(2)

Applicant shall be given addresses of all residents (property owners and/or tenants) within 200 feet of the proposed home occupation. It is the applicant's responsibility to notify all residents listed and provide evidence to the Department of Community Development that they have been informed of the proposed business;

(3)

Should the Department of Community Development determine that the proposed home occupation complies with the established standards, a home occupation permit shall be issued upon payment of a permit fee established by the Council;

(4)

Should the Department of Community Development determine that the proposal does not conform to the established standards or the applicant has not made a good faith effort to contact and inform the neighboring residents, the proposed home occupation may be denied. In such case the applicant may petition the Council for a public hearing, at which time the Council may grant or reject the home occupation request. A fee, as established by the Council, shall be charged to the applicant if such hearing is requested; and

(5)

Home occupation permits shall expire one year after issuance and once granted may be renewed subject to the provisions of this section, by completing a renewal form available from the Department of Community Development and by paying an annual permit fee established by the Council. Failure to apply in a timely manner for renewal, and/or failure to pay the annual permit, shall be grounds for revocation.

(Code 1977, § 20.22(3))

Special provisions for home occupations are as follows:

(1)

Should a home occupation permit holder die or move to a new location, the existing permit shall automatically be terminated; except, that in the case of death, should a surviving spouse or child, residing at the same address, desire to continue the home occupation, written notice to that effect shall be given to the Department of Community Development for consideration to authorize continuation of that permit;

(2)

Home occupation permits, once granted, may be revoked by the Council for cause after a hearing. Complaints seeking the revocation of such permit shall be filed with the Department of Community Development. All such revocation hearings shall be conducted in accordance with the requirements for a home occupation application hearing; and

(3)

All businesses being conducted at property zoned for residential use on the effective date of the ordinance from which this chapter is derived shall have 12 months thereafter to apply for the necessary home occupation permit. Persons conducting businesses that do not conform to the home occupation standards may continue to conduct them at their existing levels of operation so long as they comply with the annual permit renewal procedure. Failure to do so will require the business to comply with the standards, cease operation, or face penalties as described in this Code.

(Code 1977, § 20.22(4))

There may be one annual inspection each year by the Department of Community Development. The Department of Community Development shall have the right at any time, upon reasonable request, to enter and inspect the premises for safety and compliance purposes.

(Code 1977, § 20.22(5))