[Ord. No. 4.505 (Bill No. 2841), 11-17-2022]
No-impact home-based businesses shall be permitted in all residential
districts and in accordance subject to the restrictions and limitations
of this Chapter. No other business may be operated in a residence
at any time. The term 'home occupation' when used in this Code shall
be interpreted to mean home-based business.
[Ord. No. 4.505 (Bill No. 2841), 11-17-2022]
As used in this Chapter, the following terms shall have the
meanings provided below:
GOODS
Any merchandise, equipment, products, supplies, or materials.
HOME-BASED BUSINESS
A business operating in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
NO-IMPACT BUSINESS
A home-based business that:
1.
Is engaged in the sale of lawful goods and services; and
2.
Does not cause a substantial increase in traffic through the
residential area; and
3.
The activities of the business are not visible from any public
street; and
4.
Does not use any equipment that produces noise, light, odor,
smoke, gas, or vibrations that can be seen, felt, heard, or smelled
by a person of ordinary senses outside of the property where the business
is located; and
5.
Does not sell any goods or services for which a health inspection
would be required if the business were not located in a residence
unless the owner or tenant provides written consent for the Department
of Health to inspect the business during normal business hours or
at any other time that the business is operating.
[Ord. No. 4.505 (Bill No. 2841), 11-17-2022]
A. A no-impact home-based business must be incidental and subordinate
to the principal residential use of the premises and shall not include
more than twenty-five percent (25%) of the floor area of any one (1)
floor of a dwelling unit, not including the floor space of any permitted
accessory building used by the business. This provision shall not
be interpreted as allowing an accessory building, accepted by the
usual permitting process for accessory buildings.
B. The owner or operator of the no-impact home-based business must be
an owner or tenant of the residence and must reside at the residence.
C. The owner or operator of the no-impact home-based business may employ
others to work in the no-impact home-based business.
D. The home occupation may be conducted in an existing detached accessory
building that existed at the time this Chapter was adopted. A new
accessory building shall not be constructed to house a home occupation.
E. Outdoor storage of materials or equipment used in the home occupation
shall not be permitted.
F. Alterations to the exterior of the principal residential building
shall not be made which change the character of the residence.
G. The owner or operator must provide adequate parking for the no-impact
home-based business. Parking for the no-impact home-based business
may include the driveway or garage of the residence or a paved parking
area located behind the front plane of the residence.
H. The total number of persons in the home, including residents, customers,
clients, employees, and all others may not exceed the maximum occupancy
of the residence at any time.
Failure to adhere to any restriction or limitation listed shall
result in the business immediately losing its no-impact status and
being subject to immediate cessation of operation.
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[Ord. No. 4.505 (Bill No. 2841), 11-17-2022]
A. No permit shall be required to operate a no-impact home-based business,
however, a business operating in a residence shall be presumed not
to qualify as a no-impact home-based business unless the owner or
tenant provides an affidavit, on a form approved by the City Clerk
stating that the business in question is qualified. No fee shall be
charged for the filing of such an affidavit. The affidavit shall contain,
at a minimum, the following:
1.
The name of the owner or tenant.
2.
The address of the residence.
3.
The general nature of the business, including whether the business
is subject to health inspections. If the business is subject to health
inspections the affidavit must have consent for inspections attached.
4.
The maximum occupancy of the residence and a statement that
the maximum occupancy will not be exceeded. It shall be the duty of
the affiant to obtain this number from the Fire Department and provide
proof of the same with his or her affidavit;
5.
That the business qualifies as a no-impact home-based business.
6.
A statement that the affiant is familiar with the provisions
of this Chapter and will comply with the same.
7.
No-impact home-based businesses and other home occupations shall
be required to have a business license to ensure that the business
activity is compliant with State and Federal law and paying all applicable
taxes.
B. Businesses operated in a residence, which do not qualify as a no-impact
home-based business must have a conditional use permit from the Planning
and Zoning Commission.
[Ord. No. 4.505 (Bill No. 2841), 11-17-2022]
Any person who operates a business in violation of this Article
shall, upon conviction, be subject to a fine of not less than one
hundred dollars ($100.00) and up to ninety (90) days in jail or both.
Each day of violation shall be considered a separate offense.