Agenda - Council - 01/11/2022 - Laserfiche WebLink

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Sec. 117-351. Home occupations. Home occupations shall be allowed to exist in the residential zoning districts in accordance with certain criteria established to protect the peace, quiet, and domestic tranquility in all residential neighborhoods within the city, and in order to guarantee all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of said home occupation uses. It is the intent of this section that the property owner shall have a vested interest in the business, as the city does not desire to create business incubators for lease within the residential districts. Applications for a home occupation permit shall be processed administratively by the zoning administrator; or when circumstances necessitate, in accordance with the processing procedure established for conditional use permits in section 117-51. Home occupation permits may be suspended or revoked pursuant to the procedure established in section 117-51. There are three levels of Home Occupations: Minor home occupations requiring no permit. These types of home occupations are those you would typically expect to see in a residential setting that do not cause excessive noise, traffic, or impact on neighbors. Examples include, but are not limited to, artists, crafts people, writers, professional consultants personal care and grooming services, and employees from off -site businesses who work from their home. In addition, this includes tutors, such as piano or other music teachers, who provide lessons to no more than 60 students per week and do not have non- resident employees coming to the site. Level I Home Occupation. These types of home occupations are more intensive than minor home occupations, but do not create a nuisance within a residential setting. These types of home occupations may include a non-resident employee, more traffic, or onsite sales. These home occupations require an administrative permit. Level II Home Occupation. These types of home occupations are those that you would not typically expect to see in a residential setting, but may be approved with City Council permission with a Home Occupation Permit. Examples include landscapers, contractors, auto repair, and intensive sales. Additionally, any home occupation that has received a verified Code Enforcement compliant shall follow this process. (1) Requirements Minor home occupations requiring no permit. Home occupations that operate under the following parameters shall be exempt from a permit. If a home occupation operates beyond the conditions below or if the home occupation creates conditions described in subsection (2), a permit shall be required. a. The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. b. A home occupation can either have clients or customers coming to the residence or employ a nonresident of the dwelling at the home occupation. Vic. The owner of the home occupation shall occupy the dwelling unit on the site of the home occupation. d Home occupation operations are restricted to the dwelling unit, attached or detached garages or accessory property where the owner resides and has fee title. If the owner of a home occupation is conducting operations in a detached accessory building, said accessory building must be located on the same parcel as the owners dwelling unit, or a parcel immediately adjacent to the owner's dwelling, to which the owner also has fee title. The area set aside for the home occupation in the dwelling unit shall not exceed 20 percent of the gross living area of the dwelling unit. (Supp. No. 10, Update 3) Created: 2021-10-01 10:38:21 [EST] Page 1 of 4