Article 6 — Home Occupations

The city council hereby finds and declares that residential use of residentially zoned property is the primary use. That subject to regulation and control, the property may have a secondary use of a business or commercial nature so long as the secondary use is compatible with a residential environment.

(Ord. No. 97-11, § 2, 5-5-97)

No person shall engage in a home occupation, as defined in this Zoning Code, within any residentially zoned area of the city without first applying for and securing a permit. No business license shall be issued until a home occupation permit has been approved and issued. Home occupations that generate customer traffic and do not involve more than one customer/client at a time and no more than eight customers/clients per day require the approval of a minor conditional use permit pursuant to Chapter III, Planning Applications. (Ord. No. 97-11, § 2, 5-5-97)

• (a) Applications for home occupation permits shall be filed with the finance division on forms provided and must be accompanied by an application for a business license for the work anticipated and the required fee.

• (b) The planning division shall review all such permit applications within four days of the proper filing to determine compliance with the purpose and intent of this article and the standards set forth in section 13-168 , Evaluation standards. The planning division may require additional information from the applicant in order to make the determination.

• (c) The planning division shall approve, approve with modifications, or deny any application for a permit, based upon determination in accordance with the standards set forth in section 13-168 , Evaluation standards.

• (Ord. No. 97-11, § 2, 5-5-97)

Fees due, if any, shall be under the business license provisions of this Municipal Code. (Ord. No. 97-11, § 2, 5-5-97)

Any issued home occupation permit shall remain valid until revoked and shall not be transferred, assigned or used by any person other than the original permittee, nor shall such permit authorize any home occupation at any location other than the designated one for which the permit was issued.

(Ord. No. 97-11, § 2, 5-5-97)

The planning division shall apply the following standards in evaluating each application to determine if the anticipated home occupation may be allowed:

• (a) There shall be no employment of persons other than permanent residents of the premises.

• (b) There shall be no direct sale of products, either wholesale or retail on the premises.

• (c) No more than one room in the dwelling may be used for the home occupation.

• (d) No building, space outside of the main building, or garage, attached or detached, shall be used for the home occupation. Storage of necessary supplies or equipment used in the home occupation may be permitted in a garage if the storage does not diminish the usable parking space in the garage.

• (e) There shall be no use of utilities or community facilities beyond that normal to the residential use of the property.

• (f) No use of material or mechanized equipment not recognized as being associated with a normal household use or hobby is permitted.

• (g) The structure or appearance of the exterior of the dwelling shall not be altered or remodeled for home occupational purposes either by color, materials, construction, lighting, or in any other way. No part of the interior of the structure shall be remodeled for home occupation purposes other than the interior of the room where the home occupation is being conducted.

• (h) No signs shall be displayed in connection with the home occupation, and there shall be no advertising using the home address, with the exception of advertising in the telephone directory.

• (i) The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle of no more than one-ton capacity, owned by the operator of the home occupation, which shall be stored in an entirely enclosed garage. The storage of equipment such as trailers, tractors, trucks in excess of one ton, wheeled construction equipment, etc. is not permitted.

• (j) The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the neighborhood where it is located.

• (k) The home occupation shall not result in or generate parking or storing of commercial vehicles on public streets. Commercial vehicles are defined in the State Vehicle Code and, in addition, shall include construction equipment and any other mobile paraphernalia used in connection with the home occupation.

• (Ord. No. 97-11, § 2, 5-5-97)

• (a) Any home occupation permit may be revoked by the planning division at any time after its issuance if the planning division notifies the permittee, in writing, of the decision to revoke the permit. The notice shall state the reasons for the action and shall refer to the appeal procedures prescribed in Title 2 , Chapter IX, Appeal, Rehearing and Review Procedure. The existence of any one or more of the following factors shall be sufficient grounds for revocation of the permit:

  • (1) Violation of any requirement of section 13-168 , Evaluation standards;

  • (2) That the use has become detrimental to the public health or safety, or is deemed to constitute a nuisance;

• (3) That the permit was obtained by misrepresentation;

• (4) That the use for which the permit was granted has ceased or has been suspended for six consecutive months or more; or

• (5) That the conditions of the premises, or of the district of which it is a part, have changed so that the use may no longer be justified under the purpose of this article.

(b) The decision of the planning division may be appealed pursuant to Title 2 , Chapter IX, Appeal, Rehearing and Review Procedure. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 26, 3-2-98)