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West Des Moines City Zoning Code

CHAPTER 8

HOME OCCUPATION

9-8-1: TITLE AND CITATION:

This Chapter shall be known and may be cited as the HOME OCCUPATION ORDINANCE. (Ord. 1190, 6-17-1996)

9-8-2: PURPOSE:

In adopting this Chapter, it is recognized that while a home occupation in and of itself is an acceptable use within a residential area, it is when those uses take on a more commercial character that conflicts arise. This Chapter seeks to ensure that home occupations do not have a negative impact upon the residential area in which they are located. (Ord. 1190, 6-17-1996)

9-8-3: DEFINITIONS:

As used in this Chapter, "home occupation" shall mean any occupation or profession conducted solely by the resident occupants in their place of abode, involving primarily service and limited sale of commodities upon the premises. (Ord. 1190, 6-17-1996)

9-8-4: APPLICATION AND PERMIT PROCESSING:

A.   A home occupation permit shall be required for all home occupation uses under this Chapter.
A home occupation permit must be issued prior to the commencement of any home occupation use. The Director of Community Development may, from time to time, specify the form of the home occupation permit application. Applications for said home occupation permit shall be secured from the Director of Community Development in the manner prescribed by this Chapter, who shall cause the application to be directed to all concerned City departments and divisions. Affected departments or divisions shall comment on the application.
B.   Home occupations may be subject to additional permits or inspections as required by any applicable law or regulation.
C.   Home occupation permits shall be renewed every two (2) years and are not transferable to another party. The Director of Community Development or his designee shall be authorized to approve, conditionally approve or deny any request for a home occupation permit or a renewal of a home occupation permit. (Ord. 1190, 6-17-1996)

9-8-5: RESTRICTIONS FOR HOME OCCUPATIONS:

A.   All home occupations shall comply with all pertinent City codes, ordinances and regulations in addition to the following restrictions:
1.   The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.
2.   To avoid any traffic congestions, all customers, clients, etc., shall be handled by appointment only with a restriction of only two (2) clients allowed per hour on a daily average basis, unless noted otherwise in this Chapter.
3.   Only one nonresident of the dwelling shall be employed on the premises at any one time in the conduct of a home occupation, unless noted otherwise in this Chapter.
4.   No signs relating to the home occupation shall be allowed, other than what is required by State law. Signs shall be limited to one square foot in area, and nontransferable.
5.   Home occupation permits are valid only for the person(s) and use(s) approved and are nontransferable.
6.   No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.
7.   A home occupation shall be conducted entirely within the dwelling unit or a garage, and the activities of such home occupation shall not be visible, or otherwise noticeable outside the structure, unless noted otherwise in this Chapter. (Ord. 1190, 6-17-1996)
8.   There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or other nuisances that disturb the peace.
9.   No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure.
10.   No more than five hundred (500) square feet of floor area of the building(s) in total may be used in pursuit of the occupation in which the general public is going to the premises to receive a good or service. In those cases where the general public does not go to the premises to receive a good or service, up to one-fourth (1/4) of the home or a garage or five hundred (500) square feet of floor area, whichever is greater, may be utilized for the home occupation.
11.   No portion of an accessory structure, carport or similar structure, except a garage, shall be used for home occupation purposes.
12.   No storage of mechanical/construction equipment shall be permitted on the premises, other than that normally associated with a residential use.
13.   No vehicles or trailers except those normally incidental to a residential use shall be parked so as to be visible from the public right of way.
14.   The home occupation shall not cause, involve or result in the use of commercial vehicles for deliveries to or from the premises, excluding a vehicle not to exceed three-fourths (3/4) ton capacity, which shall be registered to the operator of such home occupation.
15.   The use of the United States postal service in conjunction with appropriate uses as determined by the director of community development, such as mail order businesses, shall be done by means of a post office box.
16.   No deliveries of goods or merchandise may originate from or be made to the premises except during the hours of eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M., Monday through Saturday.
17.   The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood and thus becomes objectionable to the neighboring residents.
18.   If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission shall be required.
19.   The home occupation shall not affect nor reduce the parking spaces required by this code.
20.   The home occupation shall not involve the use and/or on site storage of chemicals, flammable materials, or other hazardous materials, except as may be permitted by the fire code as adopted by the city.
21.   Those occupations normally classified as a trade and involving the use of contractors' or mechanics' tools or equipment used by carpenters, electricians, painters, plumbers, pest control services, etc., shall be limited to office use only.
22.   Any citizen who wishes to make other than minor repairs to his own vehicles must abide by the aforementioned conditions. No more than two (2) vehicles per year, owned by the occupant, shall be rebuilt, repaired, or reconstructed. (Ord. 1190, 6-17-1996; amd. Ord. 1242, 4-21-1997)
23.   The operation of an in home childcare business shall require the issuance of a home occupation permit prior to initiation of the activity. In home childcare businesses shall be limited to childcare homes (5 or fewer children at any 1 time), and child development homes in accordance with Iowa department of human services registration guidelines including category C with two (2) providers. Any other applicable state or federal regulations shall apply. In home childcare businesses shall be exempt from subsections A2, A3, A11, and A17 of this section, of the conditions for home occupations. (Ord. 1949, 5-29-2012)
24.   Private swim lessons shall be permitted as a home occupation in a home outdoor pool, provided that there is no more than a maximum of four (4) students per one hour time period. No more than one instructor shall be giving lessons during any given time, and no more than one employee may be employed in the home occupation other than the residents of the household where the business is conducted. Hours of operation shall be limited to between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. Monday through Friday, eight o'clock (8:00) A.M. to twelve o'clock (12:00) noon on Saturdays, with a maximum of five (5) total hours per day and only during the months of June, July, August and September. Prior to issuance of a home occupation permit for this use, the applicant shall be required to submit verification that the pool has been registered with the state and is in compliance with all state and local regulations for the commercial use of a residential pool. (Ord. 1863, 5-3-2010)

9-8-6: CONDITIONS OF APPROVAL:

A.   The director of community development may impose such conditions on a home occupation permit as is necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:
1.   Yard setback and open space requirements.
2.   Parking.
3.   Fences, walls or other screening.
4.   Vehicular and pedestrian ingress and egress.
5.   Property maintenance during the course of the activity.
6.   Control of illumination, noise, odor, vibration or other nuisances.
7.   Hours of operations. (Ord. 1190, 6-17-1996)

9-8-7: FEES:

Each application request for a home occupation permit, or a renewal, shall be accompanied by the fee specified by city council resolution before it is accepted for filing and processing. (Ord. 1190, 6-17-1996)