§ 113-391. Home occupations.

(a)

Purpose. The purpose of this section is to define and regulate home occupations so as to permit only those home occupations that are compatible with other permitted uses and with the residential character of neighborhoods. An additional purpose of this section is to protect the health, safety, and general welfare of the surrounding neighborhood. No home occupation shall be permitted which does not conform to the definition, procedures and requirements which follow in this section.

(b)

Definition. A home occupation is a gainful occupation carried on in a dwelling unit, and not in any accessory building, within a residential district. The occupation shall clearly be secondary to the use of the dwelling for residential purposes, and shall not change its character.

(c)

License required. No person shall conduct a home occupation without first having obtained a license from the zoning administrator and the approval of the council. Application for licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for compliance with the requirements set forth in subsection (d) of this section. Home occupations for disabled persons that do not meet these conditions may apply for a conditional use permit.

(d)

Requirements. The following requirements shall apply to home occupations within the city:

(1)

No home occupations shall be permitted which may be detrimental to adjacent or nearby residential amenities.

(2)

No home occupation shall be permitted which may increase the risk of fire or use of rescue squads at a greater level than would normally be expected in a residential district.

(3)

Exterior storage shall not be permitted.

(4)

Adequate off-street parking space for the home occupation must be available as approved by the zoning administrator; however, no home occupation shall be granted that creates the need for more than two parking spaces in addition to those already used by the occupants of the dwelling.

(5)

No accessory uses in conjunction with a home occupation shall be permitted.

(6)

No home occupation shall be permitted within an accessory building (as defined in this chapter).

(7)

No signs other than those normally utilized in a residential district shall be permitted.

(8)

No over-the-counter retail or wholesale sales shall be permitted.

(9)

Entrance to the home occupation shall be gained from within the structure with no separate exterior entrance.

(10)

No stock in trade shall be stored on the premises.

(11)

Only occupants of the dwelling unit may engage in the home occupation.

(12)

No more than 20 two-way additional vehicle trips per day shall be generated by a home occupation.

(13)

No home occupation shall be permitted which requires the use of commercial vehicle more often than would normally be expected in a residential district. For the purpose of this section, commercial vehicle shall be defined as a nonpassenger vehicle (as passenger vehicle is defined in section 113-310(1)d.).

(14)

No home occupation shall produce light, glare, noise, odor or vibration that has an objectionable effect on a nearby property.

(15)

No equipment shall be used in a home occupation that creates electrical interference to surrounding property owners' radio or television signals.

(16)

No home occupation shall be conducted between the hours of 9:00 p.m. and 9:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 10:00 a.m. on weekends and holidays.

(17)

No home occupation shall cause an increase in sewer or water usage that exceeds the normal range for residents in the city.

(18)

Not more than 20 percent of the gross area of the dwelling unit shall be used to conduct a home occupation. The appearance of a residential dwelling shall in no way be changed or altered in a manner which would cause the premises to differ from its residential character.

(Code 1993, § 9-14.01(24); Ord. No. 0-93-09, §§ 1—3, 11-24-1993)