Article 31 — Home Occupation Permits

*  Sections 9-4.3101 through 9-4.3110, codified from Ordinance No. 180, repealed by implication by Ordinance No. 55-C.S., effective July 26, 1972.

For the purposes of this article, "home occupation" shall mean an occupation carried on by the occupants of a dwelling unit as a secondary use to the customary residential purpose or an occupation carried on by a renter with the written consent of the landlord or his agent, which consent shall be attached to the application for a permit. The following criteria shall be determinative of a valid home occupation:

(a)

It shall not unreasonably generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located. No more than three (3) people per day, including customers and sales persons shall come to and from the dwelling in conjunction with the home occupation. Music teachers and other teachers may be permitted additional commercial clientele upon approval by the Planning Administrator and conformance

with conditions limiting the number of hours of commercial activity. In such case, adjacent owners and residents shall be notified prior to approval of the home occupation.

(b)

It shall not involve the use of commercial vehicles for the delivery of materials to or from the premises (vehicles not over three-fourths (¾) ton carrying capacity excepted). No vehicle over three-fourths (¾) ton carrying capacity shall be used for home occupation purposes. All commercial vehicles associated with the home occupation shall be parked on site in accordance with all applicable parking regulations; such commercial vehicles shall not be parked or stored on the street. No more than two (2) commercial vehicles that are associated with the home occupation may be parked on the site.

(c)

It shall only allow signs as expressly permitted by Section 9-4.3111 of this article.

(d)

It shall not involve more than two hundred (200') square feet of the dwelling floor area, whether the home occupation use is conducted within the dwelling, or in an accessory building, or a combination of both.

(e)

Stock-in-trade may be used or kept within a home occupation permitted area provided the stock-in-trade or any commodity or product manufactured off the premises is not brought on the premises for resale purposes there. Not more than 100 square feet shall be used for storing stock-in-trade.

(f)

In no way shall the appearance of the structure or premises be so altered, or the conduct of the occupation within the structure or premises be such, that the structure or the premises may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, noise, vibration, or the like). In particular, a home occupation shall not cause any adverse impacts such as offensive odors or excessive noise, lighting, or traffic which are incompatible with the residential area, or in violation of the provisions of any applicable laws or regulations.

(g)

No mechanical or electrical equipment shall be used or stored which causes undue noise or electrical interference.

(h)

A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or is an accessory building. A home occupation may not be conducted within an accessory building which is located within a required setback area, unless storage is the only proposed use. The Zoning Administrator, after a notice to adjoining landowners located within two hundred (200') feet of the subject property, may authorize a home occupation in other than an enclosed building upon the determination that the home occupation will not damage neighboring properties.

(i)

A home occupation may be conducted in a garage provided the home occupation does not unreasonably conflict with the required parking for such residential structure.

(j)

A home occupation shall not involve the employment of help other than resident members of the family within the residence. No provision of this article shall be deemed to prohibit service occupations carried on off the premises, nor to prohibit the employment of persons off the premises. Where special conditions exist and are disclosed on the application, the Zoning Administrator may modify this requirement.

(k)

A home occupation which involves the handling, processing, packaging, or repackaging of foodstuff or involves other elements of food preparation may be permitted by the Planning Administrator; provided that all County Health Department permits, inspections, or approvals are obtained and the home occupation will not adversely effect surrounding residential uses.

(1)

A home occupation shall not involve the storage or sale of firearms, other weapons, explosives, or ammunition.

(l)

It shall not involve a cannabis operation as that term is defined in Article 48 of this chapter or any activity involving cannabis or cannabis products.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § I, Ord. 446-85, eff. June 27, 1985, § XIII (A), Ord. 491-C.S., eff. October 28, 1987, and §§ 1—6, Ord. 583-C.S., eff. February 12, 1992; § 16, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

No person shall commence or carry on any home occupation, as set forth in Section 9-4.3101 of this article, within the City without first having procured a permit from the Zoning Administrator. The Zoning Administrator shall issue a permit when the applicant shows that the home occupation meets all the requirements of Section 9-4.3101 of this article. Every home occupation shall fully comply with all City, County, and State Codes, ordinances, rules, and regulations.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

Applications for home occupation permits, as set forth in Section 9-4.3102 of this article, shall be filed, in writing, with the Zoning Administrator by the person who intends commencing or carrying on a home occupation. The application shall be upon a form furnished by and in the manner prescribed by the Zoning Administrator.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

No home occupation permit issued pursuant to the provisions of Section 9-4.3102 of this article shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

(§ 1, Ord. 55-C.S., eff. July 26, 1972)

Within ten (10) working days after the filing of an application for a home occupation permit, the Zoning Administrator shall either issue or deny the permit and shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application. Any person aggrieved by the action of the Zoning Administrator upon an application for such permit may appeal such action by filing a written notice of appeal with the Zoning Administrator within ten (10) days after the date of the mailing of the notice of such action. The Zoning Administrator shall refer all appeals to the Commission, and the Commission will consider the appeal at the earliest available meeting. The applicant shall be given notice of the time and date set for such consideration.

An appeal of the decision of the Commission may be made by filing a notice of appeal with the City Clerk. The appeal shall be determined according to the procedures set forth in Chapter 4 of Title 1 of this Code, except that the notice of appeal shall be filed within ten (10) days after the decision of the Commission.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 8, Ord. 444-85, eff. June 12, 1985)

Any home occupation permit issued pursuant to the provisions of Section 9-4.3102 of this article may be suspended or revoked when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any City, County, and/or State Code, ordinance, rule, or regulation, including the provisions of this article, or in a disorderly manner, or to the detriment of the general public, or when the home occupation being carried on is different from that for which the permit was issued. Any home occupation permit which has been issued shall not be revoked or suspended unless a hearing shall first have been held by the Zoning Administrator. Written notice of the time and place of such hearing shall be served upon the permittee at least ten (10) days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the person to be notified at the address appearing on the permit. Any person aggrieved by the action of the Zoning Administrator may appeal to the Commission by filing a written notice of appeal with the Zoning Administrator within ten (10) days after the date of the mailing of the Zoning Administrator's action. Appeals shall be processed as set forth in Section 9-4.3105 of this article.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 13, Ord. 444-85, eff. June 12, 1985)

(§ 1, Ord. 55-C.S., eff. July 26, 1972; repealed by § 1, Ord. 319-C.S., eff. February 10, 1982)

Every home occupation permittee shall obtain a business license. If the business license is not renewed annually, the home occupation permit shall automatically expire.

(§ 1, Ord. 55-C.S., eff. July 26, 1972, as amended by § 7, Ord. 583-C.S., eff. February 12, 1992)

(Repealed by § 8, Ord. 583-C.S., eff. February 12, 1992)

The provisions of this article shall not apply to the deaf or blind or to other cases of severe physical disability.

(§ 1, Ord. 55-C.S., eff. July 26, 1972).

Interior window signs shall be permitted for home occupations as follows:

(a)

Standards. Signs for home occupations shall meet the following criteria:

(1)

The maximum size for such signs shall be four (4) square feet or twenty-five (25%) percent of the window area, whichever is less.

(2)

No more than one home occupation sign shall be allowed.

(3)

Such signs may identify the name of the business, the type of the business, and the telephone number of the business.

(4)

Such signs may not be illuminated.

(b)

Application process. Applicants for home occupation signs shall submit their requests to the Planning Administrator in writing, accompanied by a dimensioned drawing of the sign and its location. The Planning

Administrator shall notify abutting property owners and residents of the application. Decisions of the Planning Administrator may be appealed to the Commission.

(§ II, Ord. 446-85, eff. June 27, 1985)