Every home occupation, as defined in § 130-4 of this chapter, shall require a home occupation permit issued by the Department of Community Improvement. No person shall engage in any type of home occupation without first obtaining a home occupation permit.
A. Application for home occupation permit
(1) Applications for home occupation permits shall be made on forms supplied by the Department of Community Improvement. The person making the application must be the principal person who will be engaged in the home occupation.
(2) Where the applicant is not the property owner, the consent form portion of the application must be completed and signed by the property owner(s).
(3) A nonrefundable application fee, to be set by resolution, shall be submitted with the application.
(4) Where the applicant proposes to conduct the home occupation in a multifamily complex, the applicant shall issue, by certified or registered mail, upon applicant’s permit request, notice to the condominium association office of record in the case of a dwelling unit positioned within said association, intended to be used for the home occupation and shall furnish the Department of Community Improvement proof of said certified mailing.
B. Requirements for issuance of home occupation permits
(1) In order to qualify for a permit, an applicant must meet the following criteria and must sign a statement agreeing to be bound by the following:
(a) The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to its use for residential purposes.
(b) Not more than 20% of the living area of the dwelling unit shall be used in the conduct of the home occupation.
(c) Attached or detached carports, garages or accessory structures shall not be used in the conduct of the home occupation.
(d) No outside display, storage or use of land shall be utilized in the conduct of the home occupation.
(e) As part of the activities of the home occupation, there shall be no mechanical or electrical equipment used or other activities carried out on the premises that result in noise, vibration, glare, fumes, smoke, odors or electrical interference to others of a frequency and duration beyond that which is generally considered applicable to domestic or household activities.
(f) No commodity shall be sold or displayed on the premises such that it can be seen exterior to the premises.
(g) No additional traffic, pedestrian or vehicular, shall be generated from the activities of the home occupation that is greater in volume than is normal for the street or private driveway on which the home occupation is located.
(h) Not more than one home-occupation-related motor vehicle will be parked on the premises, and said motor vehicle shall not exceed 20 feet in overall length and six and one-half (6 1/2) feet in overall height.
(i) No accessory vehicles, such as trailers or equipment on wheels, shall be home occupation related and parked on or adjacent to the premises at any time.
(j) No change in the outside appearance of the building or premises shall occur as a result of the home occupation, and no sign shall be displayed anywhere which is home-occupation related.
(2) In addition to the requirements set forth in § 130-30B(1), the Director of the Department of Community Improvement or his/her designee shall consider the following and will only issue a home occupation permit if the following conditions are satisfied:
(a) Considering the nature and character of the proposed home occupation, it is reasonable to assume that the applicant will be capable of meeting the requirements of § 130-30B(1).
(b) The home occupation permit, if issued, will not alter the character of the neighborhood in which the home occupation is proposed.
C. Duration of permit; requirement for business tax receipt; renewals
(1) Home occupation permits shall be issued to coincide with the effective dates of the required City business tax receipt. Any person who receives a home occupation permit must also obtain a business tax receipt. The home occupation permit shall
expire simultaneously with the business tax receipt and must be renewed annually.
(2) Any home occupation permit which has not been the subject of a complaint or violation shall be entitled to automatic renewal upon re-execution of the original application. Said renewal shall not require a fee.
(3) In the event that a violation of any of the conditions of § 130-30B(1) has been determined by the Code Enforcement Officer to have occurred during the previous year or allegations regarding a violation are pending, the applicant must submit a new application and application fee and provide a written statement detailing what changes, if any, have been taken to assure that no further violations are likely to occur if the permit is renewed.
(4) The Director of the Department of Community Improvement shall consider the alleged violation in making his/her determination of whether or not the applicant has met the criteria set forth in § 130-30B(2).
D. Enforcement; permit revocation
The Department of Community Improvement, through its Code Enforcement Officer, shall immediately investigate any alleged violation of § 130-30B(1) and, in the event that a violation is determined to have occurred, shall take enforcement action pursuant to § 12-7 of Chapter 12, Code Enforcement Board. Violators shall be subject to the penalties set forth in § 12-8 of Chapter 12. In addition, the home occupation permit of any person found by the Code Enforcement Board to have violated any of the provisions of § 130-30B(1) is automatically revoked.
Any applicant who is aggrieved by a decision of the Director of the Department of Community Improvement regarding the issuance or renewal of a home occupationpermit may appeal the Director’s decision to the City Commission. Appeals must be in writing and contain a brief summary of the facts upon which the applicant is basing the appeal. Appeals shall be filed with the office of the City Clerk and will be placed on the agenda to be heard at the next available regular City Commission meeting. The City Commission has the authority to reverse the decision of the Director of the Department of Community Improvement if the applicant demonstrates by clear and convincing evidence that the criteria set forth in § 130-30B(1) and (2) have been satisfied.
F. Recognition of supplemental authority
The issuance of a home occupation permit by the City shall not be construed to abridge the rights of individuals, including condominium associations, cooperative associations and other deed-restricted communities, from further regulating the conduct of persons within their jurisdiction.