2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:53 [EST] (Supp. No. 36) Page 127 of 198 (4) The proposed home occupation is compatible with the present character of the surrounding area. (5) The proposed home occupation shall have a set date in which the permit shall be reviewed and extended through the renewal process or terminated. (6) The home occupation will not impose additional unreasonable costs on the public. (7) The proposed home occupation shall be subject to, by agreement with the property owner, any conditions that the city council deems appropriate for permission of the use. (g) In permitting a new home occupation interim use permit or amending an existing home occupation interim use permit, the planning commission may recommend and the city council may impose, additional conditions and requirements to protect the health, safety, and welfare of the surrounding area and the community at whole, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to, the following: (1) Limitations on period of use, occupancy, and operation. (2) Buffering and screening measures. (3) Renewal periods between one to five years. (h) A home occupation interim use permit shall be issued for an initial period of up to two years, after which the permit may be renewed for periods of up to five years each. Notice of the permit renewal application must be provided to the property owners of record for properties located within 350 feet of the lot or parcel to which the home occupation interim use application applies and the property owners shall be allowed a period of ten days in which to respond. Notice of the permit renewal application should also be provided to the planning commission and the city council. If no parties wish to be heard at a public meeting to consider the application within ten days of the notice the application can be approved administratively. A public hearing shall also be required if deemed necessary by the community development director, or a majority of the planning commission or the city council. If a public hearing is deemed necessary, the community development director shall schedule the item for consideration by the city council and shall notify the surrounding property owners of the hearing date. The city council shall renew an interim use permit if the following criteria are met: (1) The interim home occupation satisfies the performance standards for interim home occupations and the conditions of the home occupation interim use permit. (2) The interim home occupation has been operating without violation of city ordinances or significant impact on surrounding neighbors. (3) The interim home occupation is operating as the same type of business at the same scale and intensity as originally approved. If the home occupation has significantly changed, the applicant shall apply for a new home occupation interim use permit. (i) Home occupation interim use permits do not run with the land. The permit is not transferable from person- to-person, and shall expire if there is a change in ownership of the property, unless the following conditions are met: (1) The new permit holder must own the property and reside at the principal residential dwelling address. In the event that the permit holder is not the owner of the property or the principal resident, the city council may approve a transfer of the permit if unusual conditions warrant a transfer. (2) The transfer of the permit must be approved by the city and filed accordingly. (j) Transferred permits shall be renewed within two years of the date that the permit transfer was recorded or by the original renewal date, whichever is sooner. If the permit expires, the current principal owner of the