19-5-1. Conditions. It is unlawful to conduct or pursue a Home Occupation within the Corporate Limits of Riverdale City unless each of the following conditions are complied with.
(a) All employees conducting business on the premises shall be residents of the premises wherein the Home Occupation is being conducted.
(b) The premises shall not be physically changed to accommodate the Home Occupation to the extent that it would alter the residential atmosphere of the neighborhood. The Home Occupation shall not disturb the peace and quiet of the neighborhood by reason of lighting, sounds, noise, vibrations, or interference with radio or television reception. The Home Occupation shall not generate dust, odors, noxious fumes, glare, or other hazards to safety and health which may be sensed beyond the premises.
(c) The Home Occupation shall be conducted entirely within the primary structure on the premises and the space devoted to the Home Occupation shall not exceed an area greater than 25 percent of the main floor area and/or attached garage of the primary structure; however, no more than 25 percent of an attached garage area shall be used for the Home Occupation. In addition, any use of an attached garage must be inconspicuous. Detached garages, accessory buildings and the yard are specifically prohibited from the Home Occupation use.
(d) Operating supplies, including inventory, and displays for the Home Occupation, shall not take up more than 50 percent of the permitted area described in section (c).
(e) All displays of sales goods, wares, or merchandise shall be totally enclosed within the premises and shall not be visible from without the premises.
(f) One flat sign attached to the primary residence not exceeding two square feet in area and indicating the home Occupation is the only sign that shall be permitted on the premises. This subsection shall not apply to the advertising of fruit or vegetables in season.
(g) The Home Occupation shall not generate vehicular traffic different in quality or quantity from that normally present in the neighborhood in which the dwelling is located.
(h) There shall be no off-street parking facilities on the premises of the Home Occupation dwelling permitted beyond that normally required for residential uses.
(i) Any dwelling, where a home occupation day care center is operated, shall have no less than twenty-five percent (25%) of the yard at such dwelling fenced in such a manner as to meet the City’s fence ordinance and to provide for the reasonable safety and well-being of the children being cared for at the dwelling.
(j) No home occupation license may be granted to any person occupying a rented dwelling place unless the applicant shall have first obtained the written approval from the owner of the rented premises, for the operation of the business.
(k) The Home Occupation shall not create a hazard by using flammable, explosive, or other dangerous materials. Animals which are capable of inflicting harm of discomfort or endangering the health and safety of any person or property shall not be kept or raised.
(l) The Home Occupation shall not create a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
(m) The Home Occupation may be a child Day Care Center which cares for not more than six (6) children. Children of the home owner over the age of four (4) years wherein the Home
Occupation takes place shall not be counted for this limitation. The day care provider may not care for more than two (2) infants at one time. Definition of an infant is any child two (2) years of age or younger. Day care, if in the basement, must have access to an exterior door in the basement.
19-5-2. Non-Conforming Uses. Home Occupations which are lawfully in existence at the time of the adoption of this Chapter but which do not comply with the above conditions may continue to do business. However, such non-conforming uses shall cease to be lawful when such use has been abandoned for one continuous year.
(a) A Home Occupation which is lawful because of this Section shall not be enlarged or expanded as to volume, intensity, size, area, nature, extent, time or affect after the adoption of this Chapter.
(b) Non-conforming Home Occupations are hereby made exempt from the extension privilege of Riverdale Municipal Ordinance Code 19-11-4 (c).
19-5-3. Licensing and Regulation. Nothing in this Chapter shall prohibit Riverdale City from licensing, taxing, or regulating a Home Occupation. Riverdale City may conduct visual onsite inspections at the discretion of the Planning Commission prior to City Council approval of a Home Occupation business license. There may be periodic onsite inspections prior to the renewal of a Home Occupation business license.
19-5-4. Penalty. A violation of this Chapter is deemed a Class C Misdemeanor. Each day a violation continues is hereby deemed to be a separate offense for the purposes of this section.
(Ordinance No. 496, Adopted April 17, 1996)
(Ordinance No. 575, Adopted February 16, 2000)