§ 40-7. Single-Family Residential District, R-1D

(a) Permitted uses. This residential district designation is for properties that at the time of annexation have not been platted for development that can be classified as one of the districts in this chapter. At a future time, the residents of this district may petition the city council through the planning and zoning commission for zoning consideration by the city. No building or land shall be used, and no building shall hereafter be erected or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) Single-family dwellings with associated outbuildings and mobile homes.

(2) Home-based business. An office in a residential dwelling that occupies more than 25 percent, but not more than 35 percent of the total floor area of that dwelling. It is operated by one or more of the residents of that particular dwelling, employing no more than two nonresidents.

a. The home-based business is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner or within an accessory building located on the same property as the dwelling (not to include a driveway, yard or outside area).

b. The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No outdoor storage of material related to the home-based business shall be permitted.

c. No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off premises.

d. The business produces no external noise, vibration, smoke, dust, odor, heat glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.

e. Outside signs shall be regulated by the city sign ordinance.

f. Child day care as a home-based business shall only be permitted on presentation to the building official of valid permits and licenses as required by the state, and shall be limited to no more than six children other than children living with and related to the applicant, and shall be limited to 12 consecutive hours per 24-hour period.

g. Parking and vehicular traffic shall remain reasonable within the neighborhood of the home-based business. Abuse of this privilege may be appealed through the police department for adjudication. (See section 40-16.)

h. Dwelling shall have a minimum of 16 inches of roof overhang with soffit where venting is required.

(b) The following businesses or occupations shall not be allowed in residential neighborhoods as home-based businesses including but not limited to: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, dancing schools, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors.

(c) The decision of the city to recognize the importance and validity of home-based businesses in no way should be construed to open the way for a variety of borderline businesses to function in residential areas. The city building official should be contacted with any questions about a business, and if he cannot resolve it, then that business must and shall be petitioned to the city council, via the planning and zoning commission before it can go into business.

(Ord. No. 409, § VIII, 8-24-2004)