Are businesses allowed in Residential Neighborhoods?
The short answer is 'sometimes, and there are rules they have to follow.' The intent is to allow some types of Home Occupations, without creating disruption in a residential neighborhood. In many areas, Home Occupation Businesses are NOT allowed if forbidden by local Neighborhood Associations or Homeowners Associations. There are some restrictions on the types of business, the floorspace allocated to the business, how you can advertise, what goods/services you can sell, hours of operation, parking, etc.
If you are contemplating running a business from your home, you REALLY need to contact the city 'Zoning Inspector', obtain a copy of the 14-6.3(c)2 section of City Code to review, and make sure you comply and are properly permitted. You can also review the code online.
Here is a snapshot of the current document section as of 6/21/05:
(2) Home Occupations
(a) Purposes
The purposes of the Home Occupations Ordinance are to increase the economic vitality of the City; provide increased worker independence, self-sufficiency and motivation; decrease traffic congestion in the City through the enhancement of community; increase the safety of the neighborhoods by promoting neighborhood activity; integrate the ideas of working and residing in the same environment; protect the stability and character of the neighborhood; and encourage neighborhood participation in the determination of a successful balance between neighborhood residents and home-based businesses.
(b) Standards
Home occupations are permitted on all property, including residential or mixed-use residential/commercial, provided that the following standards are met:
(i) General Standards
A. The home occupation shall involve the primary sale of goods or services in connection with such home occupation, including:
1. Goods which are prepared, produced or grown on the premises; or
2. Services which are developed on the premises and provided on or off the premises; or
3. The sale of goods which are not produced on the premises and which are only distributed off the premises; or
4. Repair services that take place solely within the home.
B. The home occupation shall be located on the same lot as the permitted principal use or structure or on a contiguous lot in the same ownership.
C. The home occupation shall be conducted by a person residing on the premises in which the home occupation is conducted. Not more than two persons, other than members of the family residing on the premises, in which a home occupation is conducted, shall be regularly engaged in such occupation. Residency shall be established by any standard identification that proves residency such as a driver's license, passport or voter registration, or other documentation that proves that the person conducting the home occupation has resided at the site of the occupation for one month or more.
D. Except for on-street parking, as set forth in this section, a home occupation shall be completely contained within the property lines of the lot on which the home occupation is located. A home occupation shall be in compliance with the performance standards set forth in §10-4 and not produce any offensive noise, vibration, smoke, dust, odors, heat, gas, glare, electrical interference, nor shall it otherwise create a risk to health, safety or property of residents and occupants of adjacent and neighboring properties. Mechanical or electrical equipment which is incidental to the home occupation may be used provided it does not create visible or audible interference in radio, computer or television receivers or cause fluctuation in voltage of the premises or neighboring premises. Depending upon the nature of the home occupation, City staff may require proof of compliance with the above, prior to issuance of a business registration.
E. Employees, customers or clients, or deliveries shall not enter the premises between the hours of 7:00 p.m. and 8:00 a.m. weekdays and 7:00 p.m. and 10:00 a.m. weekends. Depending upon the nature of the home occupation, City staff may reduce the hours of operation. Deliveries shall be limited to vehicles that do not exceed 11 feet in height and 20 feet in length.
(ii) Structural Standards
A. Not more than 25% of the gross floor area of the dwelling unit, including accessory buildings, shall be used to conduct a home occupation. In determining the gross floor area of an accessory dwelling unit, no more than 1000 square feet shall be used. Stricter federal regulations may apply. (Ord. No. 2002-38 § 4)
B. Nothing incidental to the conduct of a home occupation shall be constructed, installed, placed, parked or stored on a residentially zoned lot on which a home occupation is being conducted if it is visible from any adjacent or neighboring property and if it is not in keeping with the residential character of the neighborhood(s) surrounding the lot except for signs and parking set forth below. Any person who conducts a home occupation and applies for a building permit shall demonstrate to City staff that the proposed construction does not violate any section of the Home Occupation Ordinance.
C. Signs shall not exceed one, and the area of such sign shall not exceed one square foot.
(iii) Parking Standards
A. Depending upon the nature of the home occupation, the following parking spaces shall be provided on the lot:
1. If there are no employees who reside off the premises and customers or clients do not come to the premises, only parking for the dwelling unit is required;
2. If there are no employees who reside off the premises and customers or clients come to the premises, at least one parking space shall be provided on the lot for every 400 square feet of the gross floor area of such premises used for the conduct of the home occupation, in addition to that required for the dwelling unit;
3. If there are any employees who reside off the premises and customers or clients do not come to the premises, at least one parking space shall be provided on the lot for every employee simultaneously working, in addition to that required for the dwelling unit;
4. If there are employees who reside off the premises and customers or clients come to the premises, at least one parking space shall be provided on the lot for every employee simultaneously working and at least one parking space shall be provided on the lot for every 400 square feet of the gross floor area of such premises used for the conduct of the home occupation in addition to that required for the dwelling unit;
B. No more than one vehicle, relating to a home occupation, may be parked at any one time on the streets adjacent or proximate to the lot on which the home occupation is being conducted; however, in light of the character of the surrounding neighborhood, City staff may prohibit any vehicles used in connection with a home occupation from parking on-street. This section regulates parked vehicles not associated with the residential use of the dwelling unit.
(iv) Other Requirements
The home occupation shall comply with all other applicable codes, including without limitation, the Uniform Building Code, the National Fire Code, the American Disabilities Act, and the City's wastewater requirements. Depending upon the location of the home occupation, private covenants enforceable by those governed by the covenants may apply.
(v) Notice; Registration; Violations; Complaints; Variances; Appeals
A. Any person proposing to conduct a home occupation that will have more than one employee who will reside off the premises or that will have customers or clients coming to the premises, shall as part of their application be required to give notice, certified mail return receipt requested, of the home occupation application to all residents and property owners within 150 feet of the premises and nearby neighborhood association. The notice shall include the nature of the home occupation, the number of employees, whether customers or clients will be involved, the willingness of the applicant to meet with the neighboring residents and property owners and that the neighboring resident and property owner may review the application at the City offices. The neighboring residents and property owners have 15 days from the date the notice was mailed to review the application. Staff shall collect and evaluate this public comment that shall be used in determining whether the home occupation shall be approved and what restrictions if any shall be placed on it.
B. Each person who engages in a home occupation shall register the home occupation with the City on forms designated by the City, shall provide such information as required by the forms to verify compliance with the regulations, and shall renew such registration each year.
C. No person shall conduct a home occupation in violation of this section. In addition to any other remedies available, the City may revoke the business registration for the home occupation or the certificate of occupancy for any building in which a home occupation is being conducted in violation of this section. Failure to comply with the provisions of this section shall be subject to penalty as provided in Article 14-11. (Ord. No. 2002-37 § 61)
D. Any person who believes to be aggrieved by the Home Occupation Ordinance may file a complaint with the City. Within 30 calendar days of the City's receipt of such a complaint, the City will investigate the complaint and issue a written decision as to whether the home occupation against which the complaint was filed violates or complies with this section. If a violation is found, City staff shall determine the actions that have been or should be taken to address the violation. Complaints shall be kept on file and be open to the public. When investigating complaints, staff shall review the file for prior complaints.
E. Variances to the standards set forth in this section shall be heard by the Board of Adjustment as per §14-3.16.
F. Any person aggrieved by a decision of City staff, with respect to a home occupation, may appeal that decision to the Board of Adjustment as per §14-3.17.
(c) Exclusions
Home occupations otherwise authorized under this section shall not be allowed in any residential area where there are legally binding restrictive covenants prohibiting commercial activities.
(d) Semi-Annual Report
The City Manager shall make a semi-annual report to the Governing Body regarding the implementation, management, and enforcement of this chapter. The Governing Body shall hold a semi-annual public hearing for the purpose of receiving public input regarding concerns about the implementation, management, enforcement, and fiscal impact of this chapter.
(3) Outdoor Storage Areas for Merchandise
(a) Such uses shall be enclosed by solid walls at least six feet in height, with access only through solid gates that shall be kept closed when not in use.
(b) No objects shall be stacked or stored higher than the minimum height of the enclosing wall required in paragraph (C)(3)(a) of this section. (Ord. No. 2002-37 § 62)
(Ord. No. 2001-38 § 2)
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