§ 36-102. Special use permits for home occupations.

(a)

Special use permits for a home occupations shall be processed consistent with Article III of this chapter.

(b)

Special use permit requirements.

(1)

The home occupation must be compatible with the residential use of the property and surrounding residential uses and does not alter the residential character of the premises by reason of activity, color, design, materials, storage, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes, etc., nor shall it unreasonably disturb the peace and quiet of an individual and/or the residential neighborhood, nor interfere with area radio or television reception;

(2)

The home occupation must be confined completely within the dwelling, and occupy not more than 25 percent of the gross floor area of one floor thereof;

(3)

Use of accessory buildings in the home occupation is not allowed;

(4)

The home occupation may only be carried on by members of the family occupying the dwelling, with the exception of one other person either by employment or as an independent contractor;

(5)

The home occupation must not generate pedestrian or vehicular traffic in excess of five visits a day;

(6)

The home occupation require no visible, structural, electrical or plumbing alterations in the dwelling;

(7)

The home occupation may not involve outdoor storage or on-premises outdoor advertising;

(8)

The home occupation must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and

(9)

Only one commercial vehicle is allowed to be parked on-premises in the operation of the home occupation.

(c)

Existing Non-Conforming Home Occupations. Any home occupation that was legally in existence as of November 1, 2015 ("the Effective Date") and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Code may be required by the City. Any legal nonconforming use may continue until not later than December 1, 2017. After that date, nonconforming home occupations are prohibited.

(Ord. No. 100-02-08, § I(exh. A, § XI(B)), 8-12-2008; Ord. No. 0-2015-021 , § IV, 12-21-2015)