Residents of the city may conduct home occupations within the dwelling unit in the city in which they reside in accordance with the provisions of this chapter and not otherwise. Home occupations which are authorized by this chapter shall be limited to any occupation, profession or other business enterprise carried on for monetary gain as an accessory use in a dwelling unit by a member or members of the immediate family who reside in the dwelling unit, provided the business activity conducted within the dwelling unit meets the following criteria, and not otherwise:

    A.    Any activity meeting (but not exceeding) the following criteria shall be a legally authorized home occupation which shall not require the issuance of a certificate of occupancy by the zoning administrator:

    1.    There are no persons, other than immediate members of the family residing in the dwelling unit, engaged therein;

    2.    There are no signs on the premises identifying the home occupation;

    3.    The occupation is wholly operated and contained within the dwelling unit;

    4.    Not more than twenty-five (25) percent (one-quarter) of the total square footage of floor space contained in the dwelling unit shall be used, occupied and devoted to the home occupation uses and purposes;

    5.    No materials or equipment used in the home occupation are stored outside the dwelling unit;

    6.    No more than two customers or clients may be on the premises at any one time and no more than five vehicle visits per day;

    7.    Up to, but not to exceed, one (1) commercial, industrial or business vehicle (as those vehicles are defined in section 17.04.030 of the City's Zoning Code) having a gross vehicle weight rating as rated by their manufacturer of ten thousand five hundred (10,500) pounds or less used in connection with the home occupation may be parked on the premises;

    8.    No mechanical or electronic equipment shall be used in the home occupation unless the equipment is incidental thereto and does not or will not create objectional noise, odors or electronic impulses, or otherwise create a nuisance discernible beyond the confines of the dwelling unit or the property on which the dwelling unit is located.

    B.    Any home occupation activity which exceeds any of the criteria set forth under subsection A of this section, which meets (but shall not exceed) the following criteria, shall be an authorized home occupation activity which shall require, however, the issuance of a certificate of occupancy for the dwelling unit in which the activity is conducted:

    1.    No more than one person, other than members of the immediate family residing in the dwelling unit, may be engaged in the home occupation;

    2.    Two parking spaces must be provided on premises as approved by the zoning administrator, and driveways may qualify in meeting this requirement;

    3.    No mechanical or electronic equipment shall be used in the home occupation unless it is incidental to the home occupation and does not create objectionable noise, odors or electronic impulses, or otherwise create a nuisance discernible beyond the confines of the dwelling unit or the property on which the dwelling unit is located;

    4.    There is no activity, construction or display which would indicate from the exterior of the building or dwelling unit that the building or dwelling unit is being used for any purpose other than residential, except as provided in subdivision (5) below;

    5.    There are no signs other than a name plate, to be not more than one square foot in surface area and wall mounted and not internally illuminated;

    6.    The storage of materials or use of equipment in an accessory building on the premises on which the dwelling unit is located shall be limited to two hundred (200) square feet of floor space in the accessory building;

    7.    No storage outside the dwelling unit is permitted, except in accordance with the preceding subdivision (6) above;

    8.    The home occupation does not or will not constitute a violation of any nuisance code, ordinance, statute or other nuisance law;

    9.    No more than two customers or clients may be on the premises at any one time;

    10.    There shall be no exterior storage of vehicles on the premises on which the dwelling unit is located other than those owned by members of the immediate family residing on the premises;

    11.    Up to, but not to exceed, one (1) commercial, industrial or business vehicle having a gross vehicle weight rating as rated by their manufacturer of ten thousand five hundred (10,500) pounds or less used in connection with the home occupation may be parked on the premises;

    C.    Any commercial activity conducted within a dwelling unit which exceeds the criteria established under subsections A and B of this section shall be regarded as a prohibited home occupation and shall not be permitted to be conducted within the corporate limits of the city. Furthermore, since it is the intent of this subsection to prohibit any activity as a home occupation which may use hazardous materials, any activity which the zoning administrator classifies as exterminator, lawn care (except lawn manicuring), dry cleaning or medical diagnostic laboratory shall be prohibited as a home occupation as herein defined.

    D.    Only one home occupation, as defined herein, is permitted per dwelling unit (or dwelling unit and accessory building).

    E.    Certificates of occupancy for home occupations issued prior to the effective date of this amendment not meeting the conditions of subsection B of this section, shall be considered legally nonconforming usages.

    F.    All persons who wish to establish a home occupation in the city must provide a signed letter to the city zoning administrator explaining in detail the operation of the proposed business along with a signed agreement acknowledging that they have read the home occupation code and do agree to conduct their home occupation in accordance with the terms and provisions thereof. Upon receipt of the applicant’ s letter, the zoning administrator shall determine what, if any, applications and permits shall be necessary in order to conduct the requested home occupation activity, and provide the applicant with the written approval or denial of their request.

    G.    A thirty-three dollar ($33.00) registration fee shall accompany the application for home occupation approval. Further, each person conducting a home occupation in the city shall pay annually a thirty-three dollar ($33.00) registration fee for the privilege of conducting their home occupation, which fee shall be due and payable on May 1st of each calendar year they conduct their home occupation. The fee for the first year of operation shall be pro-rated on a monthly basis from the date of commencement of the home occupation through the next successive April 30th thereafter, with one-twelfth of the fee being payable for each intervening month or part thereof. (Ord. 1158 § 1, 1993: prior code § 40-10-7) (Fee Ord. 2147, Fee amended to $30.75, 02/17/2003)