(a)

In addition to the definitions contained within chapter 113 of this Code, the following definitions apply to this section:

(1)

Home occupation means a profession, occupation, business, commercial or institutional use or a use of a non-residential and non-volunteer nature being operated, or engaged in, or performed by any person upon property which is zoned R-1, R-2, or is located in a zone that permits uses identified in the R-1 and R-2 districts.

(2)

Permitted home occupation means a home occupation which has met all the requirements of this section, including obtaining a business permit.

(3)

Self-contained home business means a home occupation carried on within a dwelling unit or an accessory structure in a residential zone where the home business use is secondary to the residential use, is performed entirely within the allotted twenty-five percent (25%) of the gross area of the property as required under this article and does not cause negative impacts to the adjoining property owners. Such business use must not change the character of the dwelling or the accessory building or change the residential character of the neighborhood.

(4)

Telecommuting or remote employment means an employment arrangement in which employees do not commute or travel to a central place of work, but instead work remotely and in a structure zoned residential. The definition does not include being self- employed and requires an employee/employer relationship with the owner or occupier of the property where the use occurs.

(5)

Telecommuting or remote employment use means a commercial, business, institutional, or occupational use where the employer headquarters is located in a separate location from the residential property and an individual on the residential property is required to perform their job duties on the residential property.

(6)

Hobby businesses. Any commercial, business, institutional, or occupational use which is not a source of primary income and does not exceed ten thousand dollars ($10,000.00) in gross income annually.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

Home occupations are prohibited uses in residential zones unless authorized by this Code.

(Ord. No. 2021-004(O), § I, 6-7-2021)

To qualify as an authorized home occupation, the owner of the property or someone with control and a right of possession over the property must register and obtain a business permit from the city and meet all other qualifications of this section, unless expressly excluded. Registration and obtaining a business permit are a prerequisite to meet the definition of a permitted home occupation. No special use permits may be granted for a home occupation.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

The only home occupation uses authorized are those listed below, and which meet all criteria identified in section 113-385:

(1)

Self-contained home business;

(2)

Telecommuting or remote employment;

(3)

Hobby businesses;

(4)

Home use authorized by state law as a matter of right.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

Permits for authorized home occupation uses identified in section 113-384 may be issued by the designated city official only if they meet the following criteria. These criteria must be maintained during the term of the use and the permit may be revoked if the permit holder violates any of the following criteria:

(a)

Permitted home occupation use shall be incidental and subordinate to the use as a residence and shall only be conducted and operated by the individual who resides at the property.

(b)

Permitted home occupations may have only one (1) employee or assistant who works or regularly travels to or from the property, unless the employee(s) or assistant(s) also use the dwelling as their primary residency.

(c)

Permitted home occupations may not install any signage.

(d)

Permitted home occupations may not create any trash or refuse beyond the average amount normally generated by residences in the neighborhood.

(e)

Permitted home occupations may not create any odor, dust, smoke, vibration, heat, glare, or electromagnetic interference which can be detected at, or beyond, the property line.

(f)

Permitted home occupations shall not produce or cause noise in violation of the city's code of ordinances.

(g)

Permitted home occupations shall not store explosives, highly flammable or hazardous materials, or materials that are potentially explosive or hazardous.

(h)

Activity of a permitted home occupations shall not indicate, from the exterior of the structure, that the premises is being used for anything other than a dwelling unit. No external evidence of the permitted home occupation shall be visible from a public right-of-way.

(i)

Permitted home occupations shall not use alleys as a primary access point

(j)

The appearance of the dwelling or accessory building in no way shall be altered, nor shall the occupation be conducted in a manner which would cause the residence to differ from its original residential character.

(k)

The dwelling or accessory building must be maintained in conformity with the city's building, international, and health and safety codes.

(l)

Permitted home occupations shall not decrease the amount of off-street parking required for the residence.

(m)

No more than twenty-five percent (25%) of the gross area of the property shall be used for the permitted home occupation including the storage or warehousing of inventory or fabrication materials used in the permitted home occupation.

(n)

Delivery vehicles shall be limited to those types of vehicles which typically make deliveries to single-family neighborhoods, such as, but not limited to, the United States Postal Service, United Parcel Service, pickup trucks, and light vans.

(o)

Permitted home occupations shall not include the commercial repair services of large appliances, internal combustion engines, automobiles, or motorcycles.

(p)

Not more than one (1) commercial vehicle shall be used in conjunction with the home occupancy use or be permitted on the premises, the maximum size thereof not exceeding one (1) ton.

(q)

There shall be no storage of heavy equipment or machinery specially designed for executing construction involving earthwork operations or other large construction tasks. There shall also be no storage of construction materials that are intended to be used offsite.

(r)

Authorized business permits apply to a specific property and owner or occupier and shall not be transferable to different persons or to different locations.

(s)

The permit holder shall not conduct the home occupation in such a manner as to increase the amount of traffic on the property's adjoining roadway beyond the average amount normally generated by residences in the neighborhood.

(t)

A home occupation shall not be conducted in a way or in a manner which causes a threat to the health and safety of citizens or consumers.

(u)

The permit holder shall comply with all applicable federal, state, and local laws pertaining to the specific use involved.

(v)

The commercial sale of firearms, explosives, ammunition, or the manufacturing thereof for commercial sale is not a permitted home occupation under this article. This provision shall not be construed as prohibiting the hand loading or reloading of ammunition for private use and not for sale.

(w)

Only one (1) home occupation use permit shall be allowed per property.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

Telecommuting, remote employment, or hobby businesses as defined in section 113-381 shall not require a permit but shall comply and maintain all criteria identified in section 113-385 in order to qualify as an authorized home occupation.

(Ord. No. 2021-004(O), § I, 6-7-2021)

In the event the applicant's permit is denied, the applicant may appeal in writing, on an approved form, to the city manager's office within ten (10) calendar days. In the event the city manager agrees with the denial, the applicant may appeal, in writing, to the board of adjustment. The board of adjustment has no authority to grant a variance or special exception but may consider whether the permit denial was improper under the terms of this section.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)

Violations of any provision of this article is subject to the penalties contained in section 18- 24 of the city's code. In the event a permit holder fails to meet the continuing criteria for holding a valid permit, the designated city official may revoke the permit, after providing the permit holder written notice and a minimum of ten (10) days to cure the non-compliance. In the event the permit is revoked, the permit holder may appeal in writing, on an approved form, to the city manager's office within ten (10) calendar days from the date of the revocation. The city manager's determination is final.

(Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2023-002(O), § I, 3-6-2023)