The Council finds that someone residing in a residential neighborhood should be able to engage in a home occupation so long as it is harmonious with and does not change the character and quality of environment of the area. It is the intent of this article to permit a home occupation as an incidental and accessory use in residential land use districts under conditions that will ensure that the use is and remains compatible with the residential character of the neighborhood.

(Prior code § 10-2.3601, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

A home occupation is the conduct for pecuniary gain of an art or profession, the offering of a service, or the conduct of a business or handicraft manufacture of products within or from a residence in a residential zone. A home occupation is incidental and secondary to the primary residential use, does not change the residential character of the neighborhood, and is in accordance with this article.

(Prior code § 10-2.3602, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

No person shall conduct a home occupation without first obtaining a home occupation permit under this article. A family day care use of six (6) or fewer children is exempt from the requirement of a home occupation permit.

(Prior code § 10-2.3603, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

A home occupation shall comply with the following regulations:

(a)

There shall be no exterior evidence of the conduct of the home occupation;

(b)

No sign or advertising may be displayed except for a single directory sign or name plate, which shall be flat-mounted against the building, shall not exceed one and one-half (1 ½) square feet in area, and shall be illuminated by reflected light only;

(c)

The occupation shall not be conducted in an accessory structure, nor shall equipment or supplies be stored in an accessory structure or outside the dwelling. The occupation may be conducted, and supplies and equipment may be stored, in a garage, as long as required off-street parking is maintained;

(d)

The nature and conduct of the home occupation must not be such as to change the principal character of the use of the dwelling unit or the residential character of the neighborhood;

(e)

A home occupation shall be clearly incidental to the residential use. The floor area used for the occupation shall not exceed one-fourth of the floor area of the main residence or 400 square feet, whichever is less;

(f)

There shall be no on-site sale of products;

(g)

Only the residents of the dwelling may be employed in the home occupation, except that non-residents may be employed as long as they do not work, meet or leave vehicles at the residence;

(h)

The home occupation shall not create off-street or on-street parking, vehicular or pedestrian traffic which is greater than normally associated with a strictly residential use of the premises, except for individual instruction in conformance with section 10.08.4610(b). The resident with the home occupation may not keep a vehicle greater than one ton at the premises, and may not have more than one such vehicle. Any trailer or wheeled equipment incidental to the home occupation shall be kept within an enclosure and not be visible from off site.

(i)

The home occupation shall not create noise exceeding levels permitted by the noise ordinance (sections 4.12.710 through 4.12.1000); audible interference in radio or television receivers; fluctuations in line voltage; odor, dust, vibration, fumes or smoke readily discernible at the property's exterior boundary. (Amended during 9-07 supplement; prior code § 10-2.3604, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

(a)

Prohibited uses. The following uses, and those with similar characteristics, are prohibited as home occupations: photography studio, beauty parlor, barber shop, pet grooming, appliance or vehicle repair shops, animal hospital, medical practitioner, clinic, music school, dancing school, business school, any other school with organized classes, except for individual instruction.

(b)

Individual instruction permitted. Individual instruction or tutoring of no more than two (2) students at a time may be allowed if the use is consistent with the intent of this article.

(Prior code § 10-2.3605, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

(a)

Application. A person intending to conduct a home occupation shall file a permit application form with the Community Development Department, together with the permit fee established by Council resolution.

(b)

Determination. The Community Development Director shall issue a home occupation permit if the proposed occupation conforms to the requirements of this article. The Director may impose special conditions depending on the nature of the proposed business. The Director shall inform the applicant in writing of the decision, and the reasons, if the permit is denied.

(c)

Duration and renewal. The permit is issued for a one year period and may be renewed. The renewal is approved unless the home occupation violates this article or a condition of the permit.

(d)

Revocation or modification. The Community Development Director may revoke, modify, or suspend a home occupation permit, after notice to the permittee, if any one of the following findings is made:

(1)

The use has become detrimental to the public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

(2)

The permit was obtained by misrepresentation or fraud, or the home occupation is different from that for which the permit was issued;

(3)

The use for which the permit was granted has ceased for at least six (6) consecutive months;

(4)

The condition or the premises has changed so that the use is no longer consistent with the intent of this article;

(5)

The business is in violation of this article or a condition of the permit, or of any statute, ordinance, law or regulation;

(6)

The business has not maintained a current business license.

(Prior code § 10-2.3606, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)

The decision of the Community Development Director to deny or revoke a home occupation permit may be appealed to the Planning Commission. A written appeal, together with the filing fee, shall be submitted to the Secretary of the Planning Commission within ten (10) working days after the written decision of the Community Development Director has been mailed to the applicant.

(Prior code § 10-2.3607, as amended by § 1, Ord. 943 C.S., eff. September 19, 1996)