[Code 1987; CC 2000 §5-901; Ord. No.
1430 §1, 10-21-2015]
As used in this Article, the following term shall have the prescribed
meaning:
Any occupation in which goods are produced or services are
rendered being clearly secondary to the main use of the premises as
a dwelling place and does not change the character thereof or have
any exterior evidence of such secondary use either in the form of
signs, materials, equipment, noise, odor or other nuisance or unusual
pedestrian or vehicle traffic appurtenant to such home occupation.
This occupation shall be carried on or conducted by members of a family
residing in the dwelling and no more than two (2) employees, and in
connection with which there is kept no stock in trade of commodity
for sale upon the premises except articles produced by members of
the family.
[Code 1987; CC 2000 §5-902; Ord. No.
1430 §2, 10-21-2015]
A.
A home occupation is permitted as secondary use of dwelling only
when all of the following criteria are met:
1.
The home occupation shall be conducted by resident occupants
of the dwelling unit in which the occupation is conducted and may
have no more than two (2) employees who do not reside in such dwelling
unit.
2.
No alteration to the dwelling, building, premises or property
shall be made which changes the external appearance of the dwelling,
premises or property in a manner that causes the structure to lose
its residential character or detract from the residential character
of the neighborhood.
3.
The home occupation shall be conducted entirely within the main
dwelling building and no such home occupation shall be conducted in
an accessory building, garage or structure, whether attached or detached.
4.
The home occupation shall not occupy more than twenty-five percent
(25%) of the floor area of the dwelling.
5.
The entrance to the space devoted to a home occupation shall
be from within the dwelling.
6.
There shall be no outside storage of any equipment, machinery
or materials used in the home occupation.
7.
No mechanical or electrical equipment other than normal domestic
or household equipment shall be used.
8.
No signs shall be permitted.
9.
No home occupation shall be permitted which generates, results
in or contributes to traffic (vehicular or pedestrian), parking, sewage
or water use in excess of what is usual and normal in the residential
neighborhood.
10.
No home occupation shall be permitted which results in or contributes
to electrical disturbance or interference of any sort.
11.
No home occupation shall be permitted which creates or has the
potential to create or become a nuisance, public or private, or a
hazard or danger to the health, care, safety or welfare of any person
or property (i.e., use or storage of toxic materials or chemicals).
12.
No stock in trade of commodity, except articles produced by
members of the family residing on the premises, shall be displayed
or sold on the premises.
13.
A home occupation may only attract business-related vehicular
and pedestrian visits between the hours of 7:00 A.M. and 8:00 P.M.
[Code 1987; CC 2000 §5-903]
Persons shall, before beginning business or before continuing such business after a license has expired, make application for and secure an occupational license. The license period shall be from July first (1st) to July first (1st) in each year and a fee in the amount established in the fee schedule set out in Chapter 103, Section 103.050, is required to be paid on or before the first (1st) day of July each year or before commencing business. A penalty of five percent (5%) per month shall be added in case of failure to pay the required fees when due for each month or fraction thereof that the fees have remained unpaid. Home occupation fees will not be prorated and no refunds for business ceasing during the year shall be made.
[Ord. No. 974 §1, 4-5-1999; CC 2000 §5-904; Ord. No. 1430 §3, 10-21-2015]
A.
Issuance Of License. All home occupation licenses
shall be issued by the City Clerk upon satisfactory completion of
the application form and payment to the City Clerk of the fee in accordance
with the fee schedule. All licenses shall be signed by the City Treasurer
and the City Clerk. The City Clerk shall affix the Seal of the City
to the license.
[Ord. No. 1477, 3-21-2018]
B.
Renewal Of License. The renewal of each home occupational
license shall also require the satisfactory completion of the annual
renewal form and payment of the fee in the amount established in the
fee schedule.
C.
Revocation. A home occupation license may be revoked
by the City Clerk for failing to meet home occupation criteria.
[Code 1974 §12-610, 7-26-95; CC 2000 §5-905]
The City Clerk shall keep records in which shall be entered
the names and addresses of each and every person or firm licensed,
the date of the license, the amount paid therefor and the time when
the license shall expire.
[Code 1974 §§12-612 — 12-613; Code 1987;
CC 2000 §5-906]
A.
Any
person, firm or corporation who shall conduct or pursue in the limits
of the City any trade, profession, occupation or business for which
a license is required by this Article after a license should have
been obtained to conduct or pursue such trade, profession, occupation
or business without having obtained the same shall be deemed to do
so unlawfully.
B.
Every
person filing a false return shall be guilty of violating this Article
and such conduct deemed to be unlawful. Every person or firm shall
file the application with the City Clerk and pay the required fee
on or before July first (1st) of each year or before commencing business.
C.
An
individual who engaged in any business herein required to be licensed
on behalf of any corporation, partnership, firm, organization, association
without having first obtained the licenses required, the individual
is legally responsible to the same extent as if such acts were in
his/her own name or on his/her own behalf and shall be subject to
the penalties provided below.
D.
Any
person violating the provisions of this Article shall, upon conviction
thereof, be punished by a fine of not less than five dollars ($5.00)
nor more than five hundred dollars ($500.00) or imprisoned for not
more than thirty (30) days, or both. Each day such violation continues
shall be considered a separate offense.
E.
Nothing
herein contained shall prevent the City or other appropriate authority
from taking such other lawful action as is necessary to prevent or
remedy any violation.
[Code 1974 §12-614; CC 2000 §5-907]
The payment of a fine or the serving of a jail sentence for
failure to pay the fee and secure a license shall not constitute payment
of the fee nor excuse the person from making payment and the City
may proceed by civil action to collect the fee.
