Planning & Zoning
Home occupation is any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling, surrounding area, or the zoning district.
A. A home occupation shall be considered as a permitted accessory use in any residence district, provided the home occupation is subject to the following limitations:
1. The use shall be conducted entirely within a dwelling or accessory building and carried on by the inhabitants living there, and no others.
2. The use shall be clearly incidental and secondary to the use of the dwelling and dwelling purposes and shall not change the character thereof.
3. The total area used for the home occupation shall not exceed one-half the floor area of the user’s living unit.
4. There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling or the accessory building and shall not exceed two square feet in area and which shall not be illuminated.
5. There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.
6. There shall be no offensive noise as defined by Chapter 8.16, nor shall there be vibrations, smoke, dust, odors, heat and glare noticeable at or beyond the property line.
7. There shall be no storage or use of toxic, explosive or other dangerous materials upon the premises.
8. A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area adequate to accommodate needs created by the home occupation.
9. The use is in conformance with all covenants and agreements recorded with the registrar of deeds for the county, covering the land underlying the dwelling.
10. City reserves the right to inspect the home occupation property during regular business hours without notice.
B. No home occupation shall be permitted without prior application to and hearing by the zoning board of adjustment of the city, which shall determine whether or not the proposed home occupation complies with subsection A of this section.
1. The applicant for a home occupation permit not operating under a valid permit, at the time of application, for such home occupation, shall be responsible for individual notice to surrounding landowners. Such notice shall not be required for renewal of a currently valid home occupation permit. The required notice shall be provided by the applicant to all persons owning property, within one hundred forty (140) feet of the property upon which the proposed home occupation will be operated, excluding alleys and streets in such measurement.
2. A hearing upon the application shall be held in accordance with the rules and regulations of the zoning board of adjustments. No hearing shall be held, and no application shall be considered, unless and until the applicant is physically present at such hearing. In the event that no protests, either in writing, or orally expressed at the time of hearing, are received from adjacent land owners or occupiers, or other citizens of the city, such application will be considered to comply with subsection A of this section, and such home occupation permit shall issue. If objections are received and in the opinion of the quorum of the zoning board of adjustment members, the proposed home occupation does comply with the provisions of this section, then an annual permit for the proposed home occupation shall be issued by the city clerk or his authorized representative upon payment of a service fee. Such permit may be renewed each year only after application, hearing, approval of the zoning board of adjustment, and payment of the annual permit fee in accordance with rules and regulations of the city. (Ord. 07-011 § 1 (part), 2007: prior code Appx. B § 46(4, 5))