It shall be unlawful to conduct or pursue a home occupation within the city unless each of the following conditions is observed:

   A.   Only persons who are bona fide residents of the premises shall be engaged in the occupation.

   B.   The home occupation shall not physically change the dwelling to the extent that it would alter the residential character of the dwelling or the residential atmosphere of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises or vibrations. (Ord. 86-01, 1-9-1986)

   C.   The home occupation is conducted on the premises, and if conducted within the dwelling unit, does not exceed twenty five percent (25%) of the main floor area of the dwelling unit to a maximum of three hundred (300) square feet. (Ord. 2001-11, 11-1-2001, eff. 11-1-2001)

   D.   The home occupation shall not use any accessory buildings, yard or space outside of the main dwelling not normally associated with residential uses permitted within the zone wherein the dwelling is located.

   E.   Inventory and supplies for the home occupation shall not occupy more than fifty percent (50%) of the permitted area described by subsection C of this section.

   F.   There shall be no display (unless totally enclosed within the premises and not visible from without the premises) or sale of goods, wares, commodities or merchandise upon said premises other than those produced upon the premises.

   G.   The home occupation shall not generate vehicular traffic not commonly associated with the zone in which it is located.

   H.   The addition of off street parking facilities on the premises beyond that normally required for residential uses is prohibited. Parking of automobiles generated by the home occupation shall be confined to existing residential parking, except that one parking place may be allowed on a street sixty feet (60') wide or wider, provided there is at least thirty five feet (35') of unobstructed and unrestricted frontage on the street in front of the dwelling used by the home occupation.

   I.   There shall be complete conformity with fire, building, plumbing, electrical and health codes of the city and the state.

   J.   The home occupation shall not be associated with noise, dust, odors, noxious fumes, glare or other hazards to safety and health which are emitted and may be discernable beyond the premises.

   K.   The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping or raising animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property.

   L.   The home occupation shall not create a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses. (Ord. 86-01, 1-9-1986; amd. 2003 Code)

Occupations not conforming to the above conditions which are in existence at the time the ordinance codified herein is adopted may be continued, except that said nonconforming use shall be discontinued where said use is abandoned for a continuous period of one year. Nonconforming uses shall not be enlarged or expanded as to volume, intensity, size, area, nature, extent, time or effect unless they conform to the above conditions. (Ord. 86-01, 1-9-1986)

Nothing in this chapter shall prohibit the city from licensing, taxing or otherwise regulating home occupations. (Ord. 86-01, 1-9-1986)

Any income producing activity conducted in a residential zone not meeting the conditions of this chapter shall be unlawful. Upon discovering any violation of the requirements, conditions or limitations of this chapter, the building inspector shall notify the owner or occupant of said premises, in writing, of the violations and demand abatement of said violation. If, after seven (7) days of receipt of written notice thereof, the violation persists, said violation shall be considered a public nuisance and shall be abated in the manner and form hereinafter prescribed. (Ord. 86-01, 1-9-1986)

The city attorney is empowered to institute an action in the name of the city to abate a public nuisance in any court of competent jurisdiction. (Ord. 86-01, 1-9-1986)

If the existence of a public nuisance is admitted or established, either on a civil or criminal proceeding, judgment shall be entered forthwith which shall permanently enjoin each defendant and any other person from further maintaining the nuisance at the place complained of. Such injunction shall not be the only or exclusive remedy hereunder; abatement of a public nuisance as provided herein shall have no effect upon or preclude a criminal prosecution arising out of a violation of this chapter. (Ord. 86-01, 1-9-1986)

A violation of this chapter shall be a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 86-01, 1-9-1986; amd. 2003 Code)