§ 134-2. Home Occupation Special Use Permit.

(a)

Applicability. Home occupation special use permits may be approved in any land use (zoning) district in which residential use is allowed, including nonconforming residential uses where such uses were otherwise lawfully established.

Home occupation means a business, profession, occupation or trade operated from and/or conducted within a residential dwelling unit (or within an accessory structure thereto) for gain or support by a resident of the dwelling unit. For the purposes of this section, home occupations include mobile businesses that are based or operated from a residence or residential property.

(b)

Applications. Applications for home occupation special use permits shall be submitted to the Planning Director on forms provided by the Planning Director. The application shall include a properly executed affidavit and agreement from the applicant attesting to and agreeing to compliance with the standards and requirements for home occupations as outlined in this section.

(c)

Authority. The Planning Director is authorized to approve and otherwise administer home occupation special use permits as specifically set forth in this section.

(d)

Review by the Planning Director. Within 15 working days of receiving a complete application, the Planning Director shall determine whether the proposed home occupation is consistent with the following standards and requirements:

(1)

The home occupation is incidental and secondary to the principal residential use of the residential dwelling unit;

(2)

The home occupation does not change the essential residential character of the principal residential use;

(3)

Not more than one person who is a nonresident of the residential dwelling unit is directly or indirectly employed by or for the home occupation;

(4)

The home occupation use does not occupy more than 20 percent of the total floor area of the residential dwelling unit and, if the home occupation use utilizes an accessory structure(s), it does not occupy more than 20 percent of the total covered and enclosed residential floor area on the property;

(5)

The home occupation does not involve any retail sales or service that necessitates or requires customers to visit the residential dwelling unit or the property, nor does the physical address of the residence appear on any advertising materials including stationary and business cards;

(6)

Activities associated with the home occupation are not visible from any other residential dwelling unit. If the home occupation utilizes an accessory structure, the structure is covered and enclosed;

(7)

No sign advertising the home occupation is displayed on the premises;

(8)

The home occupation does not involve outdoor storage, including but not limited to any equipment or materials;

(9)

The home occupation does not involve the use of mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residential dwelling unit or accessory structure in which the home occupation occurs;

(10)

The home occupation does not increase the average daily automobile trips generated by the residence in which the home occupation is located;

(11)

Upon issuance of a permit, the applicant must immediately apply for any required license(s) and/or business tax for the home occupation where otherwise required, and continuously maintain such required license(s) and/or business tax for the duration of the issued permit;

(12)

The home occupation does not store or dispose of any solid waste at the occupation address which was not generated at the occupation address; and

(13)

The home occupation has obtained a commercial collection service agreement if the business creates or generates any solid waste at a location other than the home occupation address.

(e)

Public notification of pending approval. The Planning Director, after determining that an application for a home occupation special use permit is in compliance with the requirements of this section, shall give notice of the pending approval as follows:

(1)

The Planning Director shall provide written notice by regular mail to owners of real property located within 300 feet of the property that is the subject of the proposed home occupation;

(2)

The applicant shall post the property of the proposed home occupation with a waterproof sign(s) provided by the Planning and Environmental Resources Department which is so located that the notice(s) shall be easily visible from all public streets and public ways abutting the property. The property shall remain posted for no less than 30 calendar days beginning within two weeks of the mailing date of the written notice required by subsection (e)(1); and

(3)

The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief description of the proposed home occupation and indicate where the public may examine the application. The cost of providing this notice shall be borne by the applicant.

(f)

Decision by the Planning Director. After 30 calendar days of posting the property and upon a finding that the proposed home occupation complies with all of the requirements of this section, the Planning Director shall issue a home occupation special use permit, with or without conditions. The permit and the affidavit attesting to compliance with the above requirements shall be filed with the clerk of the court and recorded in the official records of the county. The permit shall authorize only the current resident(s) of the dwelling unit for the particular home occupation proposed and shall not be transferable to another location or to another person or entity. Such current resident(s) who have obtained a home occupation special use permit shall immediately notify the Planning Director in writing, by U.S. Postal Service certified mail return receipt requested, when such permitted home occupation special use has been abandoned, discontinued, or otherwise ceased.

(g)

Public hearing on an application for a home occupation special use permit. If requested in writing to the Planning Director by the applicant, or an adversely affected owner or resident of real property located in the county, during the required 30 calendar days of the posting, a public hearing date shall be scheduled on the application for a home occupation special use permit. All costs related to the public hearing shall be the responsibility of the applicant. The public hearing shall be conducted by the Planning Commission in accordance with the provisions of Section 110-6.

(h)

Expiration. A permit issued pursuant to this section shall not be transferable and shall automatically expire upon the sale of or transfer of an interest in the permitted dwelling unit. If permitted applicant intends to remain at the permitted dwelling unit and lawfully continue the authorized special use after such sale or transfer of interest(s), the permitted applicant shall notify, by notarized affidavit, the planning director, by U.S. Postal Service certified mail return receipt requested, of his/her intent to lawfully continue the originally permitted home occupation special use. Such notification must be received by the planning director at least thirty (30) days prior to such sale or transfer of interest(s).

(i)

Revocation. The Planning Director shall have the authority to initiate actions to revoke home occupation special use permits and all such actions shall require a public hearing to be conducted before the Planning Commission in accordance with Section 102-20. The Planning Commission shall have the authority to revoke any home occupation special use permit where there is competent and substantial evidence to establish any of the following:

(1)

That an application for home occupation special use approval contains knowingly false or misleading information;

(2)

A violation by the holder of a home occupation special use permit of any provision of this section;

(3)

A violation of any condition of the home occupation special use permit imposed pursuant to this section; or

(4)

That the home occupation constitutes a public or private nuisance under state law.

(5)

That the principal or accessory structure(s) which is/are subject to the permitted home occupation special use is/are illegal or has/have been illegally improved.

(6)

That the principal residential structure or dwelling unit of which is/are subject to the permitted home occupation special use has been destroyed.

(7)

That the underlying real property's (of which is subject to the permitted home occupation special use) principal residential use has been abandoned, discontinued, or otherwise ceased/terminated.

(8)

That the permitted home occupation special use has been abandoned, discontinued, or otherwise ceased/terminated.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)