17.40.130 Home occupations.
A. Purpose and Applicability. This section provides standards for the conduct of home occupations. In general, a home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would be unaware of its existence. The standards and provisions for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.
B. Development Standards. All home occupations shall comply with all applicable requirements and standards identified in this section.
1. Permitted Home Occupations. Home occupations may include, but are not limited to the following:
Activity | Includes |
|---|---|
On-site professional service and consultation – by appointment only | Architect, broker, consultant, engineer, insurance agent, land surveyor, bookkeeper, accountant, typist, or similar use as determined by the planning director. |
Off-site personal services requiring home office | Gardening and landscaping service, locksmith, and other uses where storage in vehicle is required, or similar use as determined by the planning director. |
Sales – no door-to-door sales, delivery to customers only | Sales representative (including jewelry, cosmetics, products of domestic consumption), catalog and telephone sales only or similar use as determined by the planning director. |
Artisan studio | Artist, sculptor, photography studio, author, composer, weaver, crafts, rug and blanket weaving, lapidary or similar use as determined by the planning director. |
Group instructional (income producing activities) | Small day care or similar use as determined by the planning director. |
No home occupation permit shall be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, or religious instruction; provided, that no more than six students are present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit shall be required for a business using the owner’s or any partner’s home solely as its business address; provided: (a) that there is no signage at the home address; (b) there are no building materials stored at the home address; (c) that no manufacturing takes place at the home address; (d) that in the course of doing business, no employees or customers appear at the home address to transact business.
2. Operating Standards. Home occupations shall comply with all of the following operating standards:
a. The home occupation shall not alter the appearance of the dwelling unit.
b. There shall be no displays, sale or delivery of merchandise or advertising signs on the premises.
c. There shall be no signs other than the address and name of the resident.
d. There shall be no advertising which identifies the home occupation by street name.
e. The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage.
f. Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.
g. No external alterations or construction features can be made to accommodate a home occupation nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.
h. There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.
i. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.
j. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.
k. Only the occupants of the dwelling may be engaged in the home occupation.
l. The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.
m. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.
n. No business license shall be issued until a home occupation permit is obtained, pursuant to the municipal code.
o. A home occupation permit shall not be transferable.
p. There shall be no more than one home occupation in any dwelling unit.
q. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.
3. Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:
a. Antique shop;
b. Auto repair;
c. Barber and beauty shop;
d. Businesses which engage in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;
e. Cabinet making;
f. Reserved;
g. Funeral chapel or funeral home;
h. Kennel;
i. Medical and dental offices, clinics, and laboratories;
j. Mini-storage;
k. Repair, fix-it or plumbing shops;
l. Storage of equipment, materials, and other accessories to the construction and service trades;
m. Vehicle repair (body or mechanical), upholstery and painting;
n. Welding and machining;
o. Any other use determined by the planning director to not be incidental nor compatible with residential activities.
4. Application. The conduct of a home occupation requires the approval of the planning director who may establish conditions to further the intent of this section. An application for a home occupation permit shall be in a form prescribed by the planning director, shall be filed with the department, and shall follow the site plan and design review process pursuant to Chapter 17.52. All permitted home occupations shall fall under one of the five listed categories in subsection (B)(1) of this section, or be a prohibited use pursuant to subsection (B)(3) of this section. No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning director as being consistent with the requirements of this chapter in accordance with the procedures set out in Section 17.52.060.
5. Revocation. A home occupation permit (permit) may be revoked or modified by the planning director if any one of the following findings can be made:
a. That the use has become detrimental to the public health, safety or traffic or constitutes a nuisance.
b. That the permit was obtained by misrepresentation or fraud.
c. That the use for which the permit was granted has ceased or was suspended for six or more consecutive calendar months.
d. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.
e. That one or more of the conditions of the home occupation permit have not been met.
f. That the use is in violation of any statute, ordinance, law or regulation. (Ord. 706 § 3 (Exh. A), 2019).