Sec. 27-289.  Home occupations.

 

The intent of this section is to allow residents the opportunity to use their residence as a place to either produce or supplement their personal and family income, while protecting residential areas from adverse impacts associated with a home business, and to achieve and maintain an attractive and efficiently functioning community.

 

(a)   A home occupation shall not be conducted on any residential property unless the home occupation is registered with the zoning official or his or her designee.  Registration shall be for an unlimited time period and shall continue to be effective until re-registration or cancellation occurs.  A home occupation registration shall be cancelled in the event of the cessation of the home occupation.  In the event the nature and activities associated with the home occupation change or if a different home occupation than originally registered is conducted on the premises, the premises shall be re-registered.  The zoning official may cancel any registration upon determining that the home occupation is no longer being conducted on the premises.  All registrations shall be made on forms provided by the Fire Division Prevention Bureau.  Failure to register as provided in this section shall constitute an offense.

 

(b)   Applicants for a home occupation shall permit inspection of the premises, at a reasonable time, by the zoning official or his or her designee to determine compliance with these regulations.

 

(c)   A home occupation may be carried on within a dwelling unit or accessory building under the following conditions:

 

(1)       The home occupation shall be incidental to the residential use of the property where it is conducted.

 

(2)       The maximum allowable square footage that may be utilized in conducting such home occupation shall be limited to twenty percent (20%) of the floor area of the dwelling.

 

(3)       No outdoor storage of any equipment, machinery, parts, goods, materials or any other articles used in connection with the home occupation is allowed.

 

(4)       Any activities carried on outdoors in connection with the home occupation shall be screened from view.

 

(5)       There shall be no sign other than one non-illuminated, non-animated wall sign, not exceeding two (2) square feet in area, indicating only the name of the home occupation.

 

(6)       The home occupation shall not involve the parking or storage of tractor trailers, semi-trucks or heavy equipment such as construction equipment used in a business.

 

(7)       Adult entertainment businesses, welding, vehicle body repair, vehicle painting, mechanical repair, or rebuilding or dismantling of vehicles are not allowed as home occupations.

 

(8)       Except as provided herein, there shall be no person employed in the home occupation other than a member of the family who resides on the premises where the home occupation is conducted.  The zoning official or his or her designee may approve one nonresident employee upon application by the owner showing:

 

a.         Certification by the appropriate state or federal agency that the owner is physically disabled;

 

b.         Certification of an attending physician that the owner cannot perform the tasks required by the home occupation without assistance; and

 

c.         There are no other employees either resident or nonresident engaged in the home occupation on the premises.

 

(9)       The home occupation shall not cause glare, noise or odors disturbing to residents of surrounding property or interference with television or radio reception.

 

(10)     The home occupation shall not constitute a fire hazard or a nuisance to neighboring properties.

 

(11)     The home occupation shall be such that it requires no additional on or off-street parking. 

 

Source:  Ord. No. 4603, 1, 9-16-02