SECTION 1221.01 PURPOSE:

The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations.

SECTION 1221.02 APPLICATION:

Subject to the non-conforming use provision of this Section, all occupations conducted in the home shall comply with the provisions of this Section.

SECTION 1221.03 PROCEDURES AND PERMITS:

A. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structure) without permit or special approval of the City.

B. Special Home Occupation.

1. Permit Required. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the procedural provisions of an interim use permit pursuant to Section 1205 of this Ordinance.

2. Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of a special home occupation interim use permit as may be necessary to carry out the purpose and provisions of this Section.

3. Transferability.    Permits shall not run with the land and shall not be transferable.

4. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit the use as allowed by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City Planner at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

5. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (4/5) vote of the entire City Council.

SECTION 1221.04 REQUIREMENT-GENERAL PROVISIONS:

All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

A. General Provisions.

1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

6. The home occupation shall meet all applicable fire and building codes.

7. There shall be no exterior display or exterior signs or interior display or interior signs related to the home occupation which are visible from outside the dwelling.

8. All home occupations shall comply with the provisions of the City Nuisance Ordinance.

9. No home occupation shall be conducted between the hours of 6:00 PM and 7:00 AM unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities.

10. Except as herein provided, no commodity shall be sold on the premises.

11. Not over twenty-five (25) percent of any one story shall be used for a home occupation.

12. Product sales associated with private social events (i.e., ATupperware parties@) shall be exempted from this section provided they occur no more than four (4) times per year at any given residence.

B. Requirements-Permitted Home Occupations.

1. No person other than those who customarily reside on the premises shall be employed.

2. Customers and/or clients from the general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation.

3. All permitted home occupations shall be conducted entirely within the principal structure, excluding attached garage space, and may not be conducted in accessory building.

C. Requirements-Special Home Occupation.

1. No person other than a resident shall conduct the home occupation.

2. Special home occupations shall be limited to only those activities of a non- residential nature which are specified as allowed by state statute or regulation such as day care group nursery, and which comply with Sections A and B above, but are conducted in whole or in part in attached garage space or an accessory building.

SECTION 1221.05 NON-CONFORMING USE:

Existing home occupations lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however if applicable, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this Section.

SECTION 1221.06 INSPECTION:

The City of Sunfish Lake hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed.

SECTION 1221.07 OCCASIONAL SALES IN RESIDENTIAL AND INSTITUTIONAL ZONING DISTRICTS:

A. Personal Vehicles, Trailers, Recreational Equipment, and Similar Items:

1. The merchandise sold shall be the personal property of the occupant or property owner.

2. Sales of such personal merchandise shall be limited to no more than two (2) merchandise items per calendar year, unless approved by the City Council.

3. Merchandise items for sale shall not be placed in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

4. For sale signs on or in such merchandise shall be limited to two (2) square feet.

B. Estate, Garage or Rummage Sales:

1. Merchandise offered for sale shall be the personal property of the occupant.

2. Sales shall be limited to a maximum of four (4) consecutive days and occurring no more than two (2) times within one (1) calendar year per property, unless approved by the City Council.

3. Merchandise items for sale shall not be placed in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

4. Signs shall be governed by Section 1222.02.A.7 of this Ordinance.