§ 44-288. Uses permitted.

In all R-1 districts, except as otherwise provided for in this chapter, all buildings shall be erected and all land shall be used only for one or more of the following specified uses:

(1)

One-family dwellings.

(2)

Municipally owned and operated parks and playgrounds, municipally owned and operated buildings, available for use by the residents of the city.

(3)

Public and parochial schools, public buildings and churches, subject to the approval of the city planning commission.

(4)

Public utility buildings, such as substations, without service or storage yards, and gas regulator stations and enlargement of such uses upon approval of the city planning commission.

(5)

Temporary buildings for use incidental to construction work, which building shall be removed upon the completion or abandonment of the construction work. Such temporary buildings shall not be used as dwellings.

(6)

The growing of vegetables, fruit, flowers, trees and shrubs, provided such use is not operated for commercial purposes.

(7)

Church and public building bulletin boards, not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which sign shall be removed as soon as the building or premises are leased, hired or sold.

(8)

The storage or parking or use of trucks larger in capacity than a regularly manufactured pickup or paneled truck, including a truck-tractor or truck-trailer of any kind, and the storage of used cars and junkers shall not be considered a legal accessory use in an R-1 district.

(9)

Accessory buildings or uses customarily incident to any such permitted uses, when located on the same lot and not involving any business, profession, trade or occupation. One private garage for each residential lot in which there is housed not more than two motor vehicles, not more than one of which may be a commercial vehicle, not larger than a regularly manufactured pickup or paneled three-quarter-ton truck; provided however, one additional passenger motor vehicle may be allowed when all yard requirements and lot coverage requirements are complied with.

(10)

It is the stated intent of this section to allow home occupations as defined in section 44-25, subject to the following conditions. A medical marihuana home occupation is addressed separately from other forms of home occupations or home-based businesses in recognition of its unique nature. Medical marihuana home occupation regulations and requirements are presented in section 44-109.

a.

There shall be no alteration in the residential character or function of the premises in connection herewith.

b.

There shall be no signs, advertising devices or other manifestation located on the exterior of the dwelling structure or within any yard area which suggest or implies the existence of a home occupation.

c.

Home occupations shall be located either in the basement or on the ground floor only and shall occupy no more than 25 percent of the floor area.

d.

The sale of stock in trade, offering of stock in trade or commodities shall be permitted to be sold or offered for sale to clients by appointment only. They shall not be sold or offered for sale to the general public so as to invite walk-in trade.

e.

No assistants, or employees, other than the dwelling occupants, shall be employed in connection with the home occupations, and such services or uses permitted shall be performed by one person only.

f.

There shall be no equipment or machinery used in connection with a home occupation which is industrial in nature.

g.

Home occupation shall not require more than one offsite parking (place) in front of residence used for home occupation.

h.

Home occupation shall not be of a nature which creates noise, vibration, glare, fumes, odors, or results in interference, becomes a nuisance, or other causes which are detrimental to the neighborhood in which it is located.

i.

Home occupation shall not require delivery of goods or visits of customers before 8:00 a.m. or after 8:00 p.m.

j.

Any home occupation shall be considered a special use and be granted or denied upon consideration of those standards.

k.

Home occupations are to be inspected by all applicable building department inspectors before issuance of a special use permit and thereafter as determined by the building department.

l.

License shall be obtained and renewed each year thereafter upon payment of a license fee as determined by ordinance and shall be limited to the applicant who legally resides in the residence.

m.

Authority for granting or denying issuance of a home occupation "special use" permit is vested in the building inspector for the city. If after issuance of a permit the building inspector determines that such home occupation is objectionable and/or detrimental to the neighborhood, such permit shall be revoked upon 30 days notice to the home occupant. Decisions of the building inspector denying or revoking a special use home occupation permit may be appealed to the board of appeals by application for review by the board. Appeals must be filed with the board within 30 days of the denial or revocation by the building inspector.

(Code 1969, § 5.101; Code 1977, § 28-167; Ord. No. 23-Q, 9-28-1970; Ord. No. 195, 6-14-1993; Ord. No. 212, 1-23-1995; Ord. No. 313, § 28-167, 10-10-2005; Ord. No. 378, 2-23-2015)