§ 12-9. Certificate of use and local business tax receipt for home-based businesses.  


Latest version.
  • Any person who is engaged in a personal profession or occupation and uses his own personal residence for that purpose shall apply for a certificate of use and local business tax receipt. Such applicant may list his home address as the place of business but, upon receipt of the certificate of use and local business tax receipt, must comply with the following conditions:

    (1)

    The applicant shall not use the premises for the manufacturing, storing, distribution, repair, sale or installation of any merchandise or goods or of any equipment which is not customarily stored or installed in a residence. Telecommunication and electronic information systems are permitted equipment.

    (2)

    No person or customer shall come upon the premises in order to obtain the personal skill or talent of the applicant or to conduct business for which the applicant is approved.

    (3)

    The applicant may not use this address for purposes of advertising, soliciting or announcing the approved use of the premises through printed material or any other media with the exception of stationery or business cards.

    (4)

    The address or telephone of the premises may be used for receiving personal and business mail and telephone calls, and the telephone number may be listed in the telephone directory.

    (5)

    No employees of any type may be permitted on the premises at any time in conjunction with the authorized use for which the certificate of use and local business tax receipt is issued other than someone who regularly resides at the residence.

    (6)

    No sign of any type may be posted or displayed on the premises which may serve to indicate that the premises are being used as a business; and no vehicle with any signs displayed thereon, which might serve to indicate that the premises are being used for a business use, shall be parked on the premises except that such vehicle may be parked within a closed garage in a manner which is not visible from a public right-of-way.

    (7)

    The issuance of the certificate of use and local business tax receipt shall permit the operation of the profession or occupation by the applicant in any residentially zoned district in the city except RMH-50, any other provision in this Code notwithstanding. However, no certificate of use or local business tax receipt shall be issued if the conduct of the profession or occupation is prohibited by deed restriction or declaration of condominium at the residence of the applicant.

    (8)

    No certificate of use or local business tax receipt shall be issued for the conduct of a business wherein the general public place orders with the business by mail or telephone for general merchandise.

    (9)

    A garage sale shall be restricted to a maximum of three (3) consecutive days. A resident shall be permitted a maximum of three (3) garage sales per household during a calendar year. No license shall be required.

    (10)

    No one who has a place of business at another location and uses his or her residence for occasional business purposes shall be required to obtain a city certificate of use or local business tax receipt.

    (11)

    No more than twenty-five (25) percent of the area of the residence and no garage or accessory building or structure may be used for the business purpose.

    (12)

    In the event of violation of the terms of this section, the administration shall have the right to revoke the certificate of use, or refuse to renew the certificate of use or local business tax receipt, or both. Any applicant whose certificate of use has been revoked, or whose certificate of use or local business tax receipt has not been renewed shall have the right to file a written appeal as provided in section 12-7(c).

    (13)

    All applicants shall be notified of the terms of this section at the time of filing the application for a certificate of use and local business tax receipt, shall further be advised that his or her residence is subject to inspections by the city and shall be required to execute a waiver permitting inspection upon prior notice by the city in the event that the city has reasonable cause to believe that the applicant is in violation of this section. The executed waiver shall be a condition precedent to the issuance of the certificate of use and local business tax receipt.

(Ord. No. 90-116, § 1, 5-29-90; Ord. No. 970-110, § 1, 4-28-97; Ord. No. 07O-04-121, § 1, 6-25-07)

Cross reference

Code enforcement board, § 7½-21 et seq.