5.116A Home Occupations

  1. Home Occupations may be permitted in accordance with the Use Table in Chapter 4, Article 6, subject to the following conditions.
    1. The use is conducted entirely within:
      1. The principal dwelling unit and attached garage and/or
      2. One accessory building.
        Such use is limited to the members of the family or other residents residing in the dwelling unit and one additional employee.  Employees that do not visit the home as part of their job are excluded from this provision.
      3. Up to five employees may be permitted if approved by the City Council.  In reviewing such a request, the City Council may consider the following:
        1. The reason for the request;
        2. The impact on the character of the neighborhood;
        3. Availability of the on—site parking and number of employee vehicles;
        4. Hours when employees will located on-site;
        5. Whether the home occupation business is conducted entirely inside the dwelling unit; and
        6. The consent of the majority of property owners of the one or two-family residential property along both sides of the block face.
    2. No vehicular traffic shall be generated by the home occupation business in greater volumes than would be reasonably be expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood.  Any parking of vehicles must be consistent with city ordinances.  Any parking or traffic of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, shall be considered unreasonable.  It shall be a defense to prosecution under4 this subsection that the parking or traffic created was reasonable under the totality of the circumstances existing in the neighborhood.  Upon request of the residents of the neighborhood, a representative from the Transportation and Public Works Department shall review the traffic impacts to the neighborhood and, if applicable, refer the review to the traffic management program
    3. The use must be clearly incidental and secondary to the residential use of the dwelling and may not alter the existing residential character of the principal dwelling or the garage/accessory building.  A home occupation that requires structural alteration of the principal dwelling or garage/accessory building to comply with nonresidential construction code is prohibited, except for accessibility requirements.
    4. A change in the outside appearance of the dwelling unit or lot indicating the use or conduct of a home occupation, including advertising signs or displays is prohibited.  All equipment, goods, wares, merchandise, or materials associated with home occupation, including equipment, goods wares, merchandise, or materials located in or on vehicles, must not be visible from any public street or public right-of-way or from other locations off the premises.
    5. The direct sale of commodities, goods, wares, materials, merchandise or products to the general public is prohibited, however orders may be filled on the premises to persons by prior individual oral or written invitation or if placed earlier by a customer by phone, mail, internet, or off-site sales parties.
    6. All on-site advertising that is visible from any public street or public right-of-way or from other locations off the premises, other than advertising located on vehicles, is prohibited.  For the purposes of this section "vehicle" is defined as a passenger automobile, passenger van, motorcycle, or pick-up truck.  All advertising on vehicles shall be mounted flat against or painted on the vehicle and shall not refer to the street address of the home occupation business.
    7. All off-site advertising, including signs, displays, billboards, television, radio, and/or any other advertising medium uses that refers to the street address is prohibited, other than business stationary, business cards, the home occupation business website, newsletters, and applicable trade directories.
    8. No mechanical equipment shall be used which will be obnoxious or offensive by reason of vibrations, noise, odor, dust, smoke, or fumes.  No combustible materials shall be permitted on the premises that are in violation of the city's fire code.
    9. A person who engages in a home occupation may not conduct outdoor activities between the hours of 10:00 p.m. and 7:00 a.m.
  2. The operation of detail, auto repair, paint or body shop business, including but not limited to, a boat, motorcycle, trailer, or auto shop business, shall not be permitted as a home occupation.
  3. A Home School shall not be considered a home occupation and shall not be subject to the regulations of this Section.
  4. A home occupation is permitted as an incidental use and is secondary to the use of a dwelling.  The City Council may, at any time, amend this ordinance to terminate any or all home based business uses without creating nonconforming rights to the continuance of a home based business.