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Perkins City Zoning Code

CHAPTER 11

HOME OCCUPATIONS

10-11-1: DEFINED:

A "home occupation" is any occupation or profession carried on by the inhabitants, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; there is no outside display of merchandise or sign, other than one nonilluminated nameplate not more than two (2) square feet in area attached to the main or accessory building and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of a tearoom or restaurant, rest home, clinic, doctor or dentist office, childcare center for more than five (5) children, tourist home or cabinet, metal or auto repair shop, shall not be deemed a home occupation. (2010 Code § 22-105)

10-11-2: PURPOSE:

Home occupations shall be permitted in any residential zone. It is the purpose and intent of these regulations to allow on review only those types of businesses which can be operated in a residential district without substantially interfering with the intent of the residential zoning. The permitted use shall not change the character of the property. The intent is to further discourage commercial spot zoning. Any business creating traffic, noise or other disturbance not normal to the neighboring residential districts will not be allowed. (2010 Code § 22-105)

10-11-3: SPECIAL REQUIREMENTS; TERMINATION:

The planning commission and city commission may provide for any specific condition or requirement deemed necessary to further the purpose of the home occupation. In the event the home occupation is granted, such use shall be terminated in the event:
A.   Ownership of the property changes;
B.   The nature of home occupation changes from that which was reviewed;
C.   The home occupation lapses for a period of ninety (90) days;
D.   Reviewed conditions and agreements are not followed. (2010 Code § 22-105)

10-11-4: RESTRICTIONS:

A.   Existing Landowner: The approval of a specific use permit for a home occupation is intended to be for the existing landowner only.
B.   Transfer Of Ownership: Any transfer of ownership after the home occupation is approved nullifies the particular approved use. (2010 Code § 22-105; amd. Ord. 500, 6-11-2024)

10-11-5: AREA, HEIGHT AND SETBACK:

The area, height and setback requirements shall be the same as the residential zone in which the permitted use is located. (2010 Code § 22-105; amd. 2012 Code)

10-11-6: SURFACE OF PARKING AND DRIVEWAY AREAS:

A.   Surfacing Requirements: All of the property used for parking of vehicles and all driveways used for vehicle ingress and egress shall be hard surfaced, paved with asphalt or concrete, meet the minimum regulations set forth in this section and be properly maintained.
B.   Special Driveway Regulations:
   1.   The subgrade for driveway entrances shall be of suitable soil, free of vegetation, trash or other foreign matter, and compacted to one hundred percent (100%) standard proctor density.
   2.   Driveways shall be at least curb height at a point six feet (6') from the back of the curb.
   3.   Driveways installed on streets that do not have curb/gutter must have the culvert size approved by the city engineer as part of the plan review process. The grade of the driveway shall be at least equal to the elevation of the crown of the street at a point six feet (6') from the center of the culvert.
   4.   All saw cut joints for driveways shall have a depth of at least one inch (1") and a width of at least one-eighth inch (1/8"). All expansion joints shall have a width of at least one-half inch (1/2"), and the material used to fill this type of joint shall be made of either redwood, cedar or premolded asphalt. All joints shall be cleaned in accordance with standard city street specifications. An expansion joint must be located at the property line and along the line where the driveway meets the street paving.
   5.   The permit holder under this section shall be required to pay the cost of all testing of a driveway that may be deemed necessary by the city inspector or engineer. Such tests may include, but are not limited to, soil density, compressive concrete strength, and core samples.
   6.   The permit holder under this section shall be responsible for the replacement of all defective work and materials not approved by the city inspector, and shall be liable for any damage to existing city streets that is not repaired in a manner suitable to the city.
   7.   The driveway of any duplex that has a common driveway for both dwelling units shall have a minimum width of thirty six feet (36'). If each of the two (2) dwelling units in a duplex has a separate driveway, then each driveway shall be at least eighteen feet (18') wide. The separate driveways shall have a landscaped area between them, and this area shall be at least four feet (4') wide and be landscaped.
   8.   The entire length of the primary driveway for any single- family residence must have a minimum width of eighteen feet (18'). Secondary driveways may be as narrow as ten feet (10'). (Ord. 428, 2-10-2015)

10-11-7: PROCEDURES:

The procedure as provided in section 10-7C-3 , “Specific Use Permit,” of this title shall be followed in providing for home occupations. (2010 Code § 22-105; amd. Ord. 500, 6-11-2024)