Article 21 — Home Occupation Permits

§ 10-2.2101. Purpose of article. ¶

The purpose of this article is to allow for the conduct of home occupations which are deemed incidental to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant of the dwelling.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2102. Application. ¶

The application shall be filed with the Department in compliance with Section 10-2.1805 . A home occupation permit may be approved, modified, conditioned, or disapproved by the Director. The Director may defer action and refer the application to the Commission.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2103. Operating standards. ¶

Home occupations shall comply with all of the following operating standards:

(a) The home occupation shall be incidental and secondary to and compatible with surrounding residential uses.
(b) Only the occupant(s) of the dwelling may be engaged in the home occupation.
(c) The home occupation shall not alter the appearance of the dwelling.
(d) A home occupation shall not be initiated until a current business license is obtained in compliance with Title 6 , Chapter 1 of the Municipal Code.
(e) Displays, distribution, sale, or storage of merchandise on the premises, or advertising signs on or off the premises shall not be allowed.
(f) Signs, other than the address and name of the resident, shall not be allowed.
(g) Advertising (e.g., telephone directory) which identifies the home occupation by street address shall not be allowed;
(h) The home occupation shall be confined completely to one room located within the dwelling. A portion(s) of any carport or other accessory structure shall not be used for home occupation purposes, with the exception that garage area in excess of the requirements of these Zoning Regulations may be used for this purpose.
(i) Only one vehicle no larger than a one ton truck may be used by the occupant(s) directly or indirectly in connection with a home occupation.
(j) Use of commercial vehicles, larger than two ton capacity, for delivery of materials to or from the premises shall not be allowed.
(k) Encroachments into any required parking, setback, or open space areas shall not be allowed. Home occupation activities may not occur out of doors.
(l) Use of mechanical equipment, unless determined to be similar to a normal household or hobby use, shall not be allowed.
(m) The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance.
(n) Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed.
(o) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the dwelling. Utility consumption shall not exceed typical residential usage.
(p) Creation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is be located shall not be allowed.
(q) A home occupation permit shall not be transferable.
(r) Only one home occupation may be allowed in any dwelling.
(s) For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit.
(t) Any special condition(s) established by the Director and made part of the record of the home occupation permit, as deemed necessary to carry out the purpose of this article.
(u) All pre-existing home occupations shall conform with all applicable requirements of these Zoning Regulations before or upon renewal of the annual business license.
(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2104. Prohibited home occupations. ¶

The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

(a) Adult business;
(b) Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;
(c) Carpentry and cabinet making;
(d) Dance club/night club;
(e) Fortune telling (Psychic);
(f) Massage parlor;
(g) Medical and dental offices, clinics, and laboratories;
(h) Mini-storage;
(i) Plant nursery;
(j) Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location.);
(k) Visitor serving accommodations;
(l) Welding and machining;

(m) Other uses determined by the Director not to be incidental to or compatible with residential activities. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2105. Decision. ¶

The Director may approve a home occupation permit that would be operated in compliance with Section 102.2103 , or the Director may defer action and refer the application to the Commission for final action. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2106. Revocation. ¶

The Director may revoke or modify a home occupation permit in compliance with Article 34 of this chapter. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2107. Applicable regulations. ¶

All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805 , Application Filing; Section 10-2.2103 , Operating Standards; and Article 34 , Revocation and Modification. (§ 3, Ord. 771, eff. February 13, 2004)