§ 12.05. Home occupations

The Home Occupation provision is included in recognition of the needs of many people who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation, cannot be expanded to full-scale enterprises. (Example: supplemental retirement income, juvenile self-employment, mothers who must support and remain at home with preschool children, etc.)

It is the intent of this resolution that full-scale commercial or professional operations, which would ordinarily be conducted in commercial or industrial districts, continue to be conducted in such districts and not at home. The Planning Commission at it's discretion may require a permit system for approval of Home Occupations.

12.05.01. Home occupation standards. Home Occupation Standards shall mean any occupation or profession carried on at the home by a member of the family residing on the premises, provided the following conditions are satisfied:

A. The identification/advertising sign is unlighted and does not exceed two (2) square feet in area;

B. There is no display that will indicate from the exterior that the building is being used in whole or in part for any purpose other than a dwelling;

C. There is no outside storage of materials other than plant materials;

D. There is a restriction of not more than three (3) children plus family for day nurseries. (Day nurseries with more than three (3) children shall be permitted as outlined in this Resolution);

E. There are no outside paid employees;

F. The building or accessory building retains the characteristics of a residential use. The accessory building area devoted to the home occupation shall not contain more than 50% of the first floor square footage of the residence.

G. The use does not negatively impact the residential character of the neighborhood.

12.05.02. Complaint procedure. Complaints on conditions "A" through "E" will be handled routinely by the Zoning Administrator. Complaints on conditions "F" and "G" will be dealt with as follows: Complaints shall be investigated by the Zoning Administrator and results of the investigation shall be reported to the Planning Commission at a public hearing. The public hearing procedure shall be the same as outlined in Section 13.06.06. Standards for judging objections shall include:

A. Generation of excessive traffic;

B. Monopoly of on-street parking spaces;

C. Frequent deliveries and pick-ups by motor freight trucks;

D. Noise in excess of that created by normal residential use (either in terms of volume or hours of occurrence);

E. Smoke, fumes or odors in excess of those created by normal residential use; and

F. Other offensive activities not in harmony with a residential neighborhood.

12.05.03. Action by the Planning Commission. The Planning Commission, upon hearing the evidence, may:

A. Approve the use as it exists;

B. Require the use be terminated;

C. Impose appropriate restrictions, such as limiting hours of operation, establishing a phase-out period, or other measure insuring compatibility with the neighborhood.

The determination of the Commission becomes final fifteen (15) days after the date of decision, unless appealed to the Board of Zoning Appeals.

12.05.04. Appeals. During the period of fifteen days, written appeals from action of the Commission may be filed with the Board of Appeals by the applicant or other interested party, in accordance with Section 13.04.