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West Burlington City Zoning Code

165.20 HOME

OCCUPATIONS AND HOME BUSINESSES.

1.   Home Occupations.
   A.   Definition. A ‘home occupation’ refers to a circumstance where a residential dwelling is also used for an occupational activity by a member of the household residing in the dwelling, with no additional employees.
   B.   Allowable Conditions. A Home Occupation shall be allowed through the use of a permit. The following provisions apply in these circumstances:
      (1)   The occupational activity shall be incidental and secondary to the use of the property as a residence, and be carried out entirely within either the dwelling or an accessory building.
         a.    If located in the dwelling, it shall occupy no greater than 25% of the floor area.
         b.    If located in an accessory building, it shall occupy no greater than 600 square feet of the floor area.
      (2)   The activity shall not noticeably distract from the residential character of the property, or the surrounding neighborhood.
         a.    If located in a Residential District, signage for the activity shall be discouraged. The sole exception shall be a single, non-illuminated nameplate of no more than three (3) square feet in area, mounted on the exterior wall of the building.
         b.    If located in a Business or Agricultural District, the activity may be accompanied by a single non-illuminated sign, no more than three (3) square feet in area. It may either be mounted on the wall, or placed on the ground, in which case the height shall not exceed four (4) feet.
      (3)   The activity shall not involve the use of equipment which creates offensive noise, vibration, smoke, dust, odor, heat or glare.
   C.   Permitted Uses.
      (1)   The use of the premises by a chiropractor, physician, dentist, lawyer, clergyman or other similar professionals for consultation or emergency treatment, but not for the general practice of those professions.
      (2)   Instructional services offered by the resident to no greater than two (2) outside clients at a time, involving music or dance lessons, fitness training, arts and crafts, and tutoring.
      (3)   Home studios for painting, ceramics or similar arts, in which retail sales are not conducted on-site.
      (4)   Repair services for a limited number of small appliances, furniture, and computers and similar electronic equipment, provided that the activity does not result in persistent noise that is offensive for other neighborhood residents.
      (5)   Offices for services that are provided outside the home, such as lawn care, snow removal, or similar activities, which are carried out by a resident of the home.
2.   Home Businesses.
   A.   Definition. A “home business” refers to a circumstance similar to a “home occupation”, except in this case, the occupational activity is of equal significance to the use of the property as a residence, rather than an incidental, secondary use. Such an operation will typically require the use of 1 or more employees to assist the resident conducting the business.
   B.   Allowable Conditions. As these uses are likely to have some impact on surrounding residential areas, they are considered Special Uses, and must obtain approval from the Board of Adjustment. The following provisions apply in these circumstances:
      (1)   The activity shall not noticeably distract from the residential character of the property, or the surrounding neighborhood.
         a.   If located in a Residential District, signage for the activity shall be discouraged. The sole exception shall be a single, non-illuminated nameplate of no more than three (3) square feet in area, mounted on the exterior wall of the building.
         b.   If located in a Business or Agricultural District, the activity may be accompanied by a single non-illuminated sign, no more than three (3) square feet in area. It may either be mounted on the wall, or placed on the ground, in which case the height shall not exceed four (4) feet.
      (2)   The activity shall not involve the use of equipment which creates offensive noise, vibration, smoke, dust, odor, heat or glare.
   C.   Special Uses.
      (1)   Barber shop or salon
      (2)   Daycare or similar child care facility
      (3)   The general practice of a chiropractor, physician, dentist, lawyer, clergyman or other similar professionals
      (4)   A business for the sale of limited quantities of goods, such as antiques, specialty appliances and tools, and cosmetics and home care products. This may involve in-person sales on an as-requested basis, or by mail order.
      (5)   Instructional services offered by the resident to groups of three (3) or more outside clients at a time, involving music or dance lessons, fitness training, arts and crafts, and tutoring.
   D.   Parking. In seeking approval from the Board of Adjustment, the applicant shall present a parking plan for their proposed Home Business.
   If located in a Residential District, a Home Business is allowed no greater than 3 off-street parking spaces, not including the spaces otherwise required for the residence.
   Any parking provided in conjunction with a Home Business shall be of a durable, dust-free surface.
3.   Prohibited Uses. The following business establishments shall not be permitted to occupy any residential property, either as a Home Occupation or Home Business:
   A.   General medical clinic or facility, involving more than 5 employees, in addition to the business owner that resides in the home
   B.   Restaurants, bars, taverns, or night clubs
   C.   Funeral parlors
   D.   Motor vehicle service or repair businesses
   E.   Commercial stable or kennel
   F.   Adult oriented business establishments