Intent. It is the intent of this section to provide a means to accommodate a small home-based business without the necessity of a rezoning the land area from an R-1, R1-A, or R-2 District to a commercial district. Home occupations are economic activities permitted within any single-family detached residence which comply with the following requirements. Examples include the provision of personal and professional services. Once a home occupation has been approved, it may not be expanded or enlarged.
B.
Requirements. Any individual who desires to locate a home occupation within a dwelling located in one of the residential districts described in Subsection A, shall make written application to the Plan Commission for approval thereof. Said application shall contain complete and accurate description of the proposed home occupation; and such additional information as the Zoning Administrator and/or the Plan Commission may require. In determining whether or not to approve any requested home occupation, the Plan Commission shall be guided by the following criteria:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations of the structure which change the character thereof as a dwelling. There shall be no exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of home occupation. Such sign shall not be illuminated and shall not exceed three square feet.
(6)
The home occupation shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
Authorized home occupations are restricted to service-oriented businesses and the mass production of items or products or the sale of items or products on the premises is prohibited. Examples of service-oriented businesses include, but are not limited to, computer programming, accounting, law, insurance agencies and computer-based consulting and clerical services.
(8)
Authorized home occupations shall not occupy more than 30% of the floor area of the dwelling in question.
(9)
Persons employed in home occupations shall be limited to the resident, immediate family members, and no more than one nonresident employee.
(10)
Under no circumstances shall a motor vehicle repair or body work business qualify as an authorized home occupation.
(11)
No animals shall be involved in any authorized home occupation.
(12)
Home day care is an authorized home occupation so long as it does not involve more than seven children or require state licensing.
C.
Conditional uses. Any proposed home occupation which does not satisfy the criteria established in Subsection B above may be authorized by the Plan Commission as a conditional use, subject to the requirements of § 385-21 and the following:
(1)
The extent of the equipment or machinery used in the home occupation may be restricted by the Plan Commission.
(2)
Sale or transfer of the subject property or the expansion of the approved home occupation shall cause the conditional use permit to terminate.
Waterloo Jefferson County City Zoning Code
§ 385-10.2
Home occupations in residential districts.
[Added 7-2-2009 by Ord. No. 2009-09]
A.
Intent. It is the intent of this section to provide a means to accommodate a small home-based business without the necessity of a rezoning the land area from an R-1, R1-A, or R-2 District to a commercial district. Home occupations are economic activities permitted within any single-family detached residence which comply with the following requirements. Examples include the provision of personal and professional services. Once a home occupation has been approved, it may not be expanded or enlarged.
B.
Requirements. Any individual who desires to locate a home occupation within a dwelling located in one of the residential districts described in Subsection A, shall make written application to the Plan Commission for approval thereof. Said application shall contain complete and accurate description of the proposed home occupation; and such additional information as the Zoning Administrator and/or the Plan Commission may require. In determining whether or not to approve any requested home occupation, the Plan Commission shall be guided by the following criteria:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations of the structure which change the character thereof as a dwelling. There shall be no exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of home occupation. Such sign shall not be illuminated and shall not exceed three square feet.
(6)
The home occupation shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
Authorized home occupations are restricted to service-oriented businesses and the mass production of items or products or the sale of items or products on the premises is prohibited. Examples of service-oriented businesses include, but are not limited to, computer programming, accounting, law, insurance agencies and computer-based consulting and clerical services.
(8)
Authorized home occupations shall not occupy more than 30% of the floor area of the dwelling in question.
(9)
Persons employed in home occupations shall be limited to the resident, immediate family members, and no more than one nonresident employee.
(10)
Under no circumstances shall a motor vehicle repair or body work business qualify as an authorized home occupation.
(11)
No animals shall be involved in any authorized home occupation.
(12)
Home day care is an authorized home occupation so long as it does not involve more than seven children or require state licensing.
C.
Conditional uses. Any proposed home occupation which does not satisfy the criteria established in Subsection B above may be authorized by the Plan Commission as a conditional use, subject to the requirements of § 385-21 and the following:
(1)
The extent of the equipment or machinery used in the home occupation may be restricted by the Plan Commission.
(2)
Sale or transfer of the subject property or the expansion of the approved home occupation shall cause the conditional use permit to terminate.