Chapter 18.54   HOME OCCUPATIONS

Sections:


18.54.010   Intent.

It is the intent of this section to:

A.

Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal/family income.

B.

Protect residential areas from potential adverse impact of activities defined as home occupations.

C.

Establish criteria and development standards for the use of residential structures or dwelling units for home occupations.

1.

Home occupation means any activity conducted for financial gain or profit in a dwelling unit, in a building other than a dwelling unit, but located on the property of the dwelling unit, or located on adjacent property to the dwelling unit but having the same zoning as the dwelling unit, or activity conducted on the property, even though not within the structure, and which activity is not generally or customarily characteristic of the activities for which the dwelling units and/or their property surrounding are intended or designed.

2.

The activity is clearly incidental or secondary to the residential use of the dwelling units; and is conducted only by persons residing in the dwelling unit.

3.

A garage sale shall not be considered to be a home occupation.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.020   General requirements.

A.

Home occupations shall not occupy more than twenty-five percent of the total floor area of the residence, and in no case shall occupy more than five hundred square feet. Any portion of an accessory building used for a home occupation shall not exceed four hundred square feet; nor shall the total floor area in the residence and/or an accessory building that is occupied with a home occupation exceed five hundred square feet. Bed and breakfast lodging is exempt from the floor area limitation.

B.

Any occupation which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation.

C.

Home occupations shall comply with all other local, state, or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this chapter shall not be construed as an exemption from such regulations.

D.

Any person engaging in a home occupation shall register as a business under Title 5 of this code, and shall be subject to the provisions of the business and occupations tax levied by the city.

E.

Home occupations shall emit no noise, air pollutants, waste products or other effects detrimental to the environment or the neighborhood beyond those normally emanating from residential use.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.030   When permitted as a matter of right.

Home occupations are permitted as a matter of right in any residential district provided that:

A.

No signs, logos, trademarks or other symbols are displayed indicating the nature or location of the business or occupation.

B.

No exterior structural alterations are made to accommodate the occupation.

C.

No merchandise or stock in trade is sold or displayed on any exterior portion of the premises.

D.

No equipment or material is stored on any exterior portion of the premises.

E.

No person or persons other than bona fide residents of the dwelling unit are employed in the home occupation.

Home occupations are permitted as a matter of right in non-residential districts subject to the development standards of the applicable zone.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.040   When permitted by administrative conditional use permit.

A.

Home occupations which do not comply with all the provisions of Section 18.54.030 and the following activities shall require approval of an administrative conditional use permit:

1.

Building and construction contractor services;

2.

Landscaping services;

3.

Personal service shops;

4.

Music and dancing studios;

5.

Craft classes; and

6.

Animal grooming.

B.

Home occupations which require an administrative conditional use permit shall comply with the following conditions:

1.

Only one sign is permitted on the premises. Signs shall not exceed two square feet in area, shall be unlit and shall use nonflashing, nonreflective materials. Such sign may be flush-mounted on the main residential structure, or may be post or pedestal-mounted at a height not exceeding four feet above grade. Such sign shall not be placed in the public right-of-way.

2.

Exterior structural alterations or additions or the use of accessory buildings for home occupations shall be so designed and built as to maintain or preserve the residential character of the premises. In no event shall such structural alterations or additions exceed the development standards permitted for structures in the zoning district in which the premises are situated.

3.

Traffic generated by home occupations shall not exceed two commercial vehicles per week, excepting parcel delivery services.

4.

Parking of customers' or clients' vehicles shall create no hazard or unusual congestion.

5.

Off-street parking spaces shall not be reduced in size or number, below the minimum required in the district, nor used for any purpose other than parking.

6.

When merchandise, material or equipment is stored or displayed, such storage shall be entirely within the residential structure or in an accessory building which meets the criteria of subsection (B)(2) of this section, except as provided in Chapter 18.80 of this title pertaining to storage.

7.

Employment of more than two persons who are not bona fide residents of the premises is prohibited.

C.

In considering these applications, the director shall consider the nature and conditions of all adjacent uses and structures. An administrative conditional use permit shall not be issued unless the director finds that:

1.

Authorizing the home occupation will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and

2.

The authorization will be consistent with the spirit and intent of this title.

D.

In authorizing an administrative conditional use permit to allow a home occupation, the director may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces, in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.050   Exemptions.

A.

Home occupations which were in existence prior to the adoption of the ordinance codified in this title shall be exempt from the limitations pertaining to floor area and structural alterations if such alterations and excess floor area were in place prior to the adoption of this ordinance. However, any further expansion of floor area or future structural alterations to the premises shall require a conditional use permit.

B.

Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses are not required to comply with the provisions of this chapter, so long as the use does not operate for more than twenty days in any one calendar year or in violation of any other provision of this title. Provided that garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.060   Enforcement.

A.

The director shall be responsible for the enforcement of this chapter and for the correction of any violations.

B.

The director shall act on his own initiative when violations are detected or suspected; and shall take appropriate investigative and corrective actions, when warranted, if a complaint is filed in writing by any person who feels aggrieved or damaged by such alleged violation.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.54.070   Activities not permitted as home occupations.

The following uses shall not be permitted as home occupations:

A.

Automobile and motorcycle repair and body work (including painting);

B.

Automobile services, including stereo installation, car alarms and detailing;

C.

Heavy equipment repair and maintenance;

D.

Landscaping services that involve storage, for any duration of time, of lawn clippings, cut sod, branches and other removed organic material.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)