5.2. PCSR 04-23-2019 - Laserfiche WebLink

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Sec. 30-801. - Home occupations. (a) Purpose. The purpose of this section is to provide a means, through the establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods, within a dwelling unit, without jeopardizing the residential character or health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling a distinction between permitted home occupations and conditional or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasi-judicial hearing process. (b) Prohibited activities. No home occupations (permitted or conditional) shall: (1) Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards. (2) Adversely impactaffect governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service and fire service. (3) Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city. (4) Involve the use of hazardous materials or activities. (5) Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs within the Urban Service District, or motor vehicle sales, escort businesses, or any sexually oriented land uses, gun repair and/or sales, or other objectionable uses as determined by the city council. (c) Permitted home occupations. Permitted home occupations (Occupation) permits shall be issued allowed subject to the conditions of this section, other applicable city ordinances and state law. A permit for a permitted home occupation may be issued by the city based upon proof of compliance with the provisions of this section. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by resolution of the city council. If the city denies establishment of an permitted home occupation Occupation permit to an applicanta resident, the applicant resident may appeal the decision pursuant to the provisions of subdivision II of division 2 of this article. Permitted home oOccupations are subject to the following criteria: (1) The Occupation may only be conducted by an individual who resides on the property and uses the residence as a primary address for legal purposes. (1)(2) The oOccupation shall be carried on entirely within the dwelling unit or attached garage, except that light construction contractors may use detached accessory structures which would normally be allowed under the provisions of this article for storage. If the home occupation is carried on in the garage, the minimum amount of required garage space shall be maintained.