Chapter 17.64 — HOME OCCUPATIONS

The purpose of this chapter is to establish regulations to allow limited business activity to occur at residences where the business activity is clearly incidental to the primary residential use and will not change the neighborhood's residential character or integrity. (Ord. 2010-02 § 1 (part), 2010)

The regulations and standards contained in this chapter shall apply to all home occupations as defined by Chapter 17.98 (Glossary of Terms) in the city and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting). Pursuant to the requirements of Article II (Zoning Districts, Allowed Uses, and Development Standards), home occupations are permitted in all residential zoning districts, subject to compliance with the standards of this chapter and other relevant requirements of this title. (Ord. 2010-02 § 1 (part), 2010)

Prior to the establishment of any home occupation, the following requirements must be met.

A. Business License. A business license from the city is required for any home occupation consistent with the requirements of this municipal code.

B. Plan Check. Plan Check is required as part of business license review. Plan check will be conducted pursuant to Section 17.12.030 (Plan Check).

C. Conditions. The approving authority may limit the length of time in order to affect periodic review of the home occupation operations or establish reasonable conditions on the operation of any home occupation to meet the intent of this chapter. No more than two (2) administrative use permits for a home occupation shall be granted per dwelling unit.

D. Time Limit. Home occupation permits shall be valid for one (1) year from date of permit issuance. Home occupation permits require annual renewal in conjunction with the required business license for same home occupation. All current requirements and findings for home occupations shall apply at the time of permit review and issuance. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed and incidental to the primary use may be approved by the designated approving authority.

• A. Art and craft work (i.e., ceramics, flower arranging, jewelry making, painting, sculpting, photography, etc.).

• B. Office, including internet business.

• C. Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.

• D. Small furniture repair and restoration.

• E. Tailoring, sewing, and/or alterations.

• F. Other similar uses that demonstrate a low-profile operation with fewer than three (3) customers visiting the business per day. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

The following uses shall not in any case qualify as a home occupation:

• A. Firearm or firearm ammunition sales.

• (Ord. 2012-05 § 5 (part), 2012)

The following performance standards are intended to reduce the impacts of home occupations such that home occupations are not detectable from normal and usual residential activity. All home occupations shall continuously meet the performance requirements listed below, which shall be incorporated as conditions of approval, and any conditions imposed through a city business license.

A. Advertising and Display. No displays or signs naming or advertising home occupations shall be permitted on or off the lot containing the home occupation and no advertising shall inform the public of the location of the home occupation (business cards and stationery letterhead are excluded). There shall be no display of products produced by occupants of the dwelling visible from the outside of the dwelling unit.

B. Employees. Employment shall be restricted to a maximum of two (2) full-time dwelling unit residents except where the approving authority allows one (1) non-resident employee, upon the findings listed below.

1. The employee works under the direction of the dwelling resident and is not an independent or separate business enterprise.

2. The employee is necessary to the performance of the home occupation.

3. The employee would not require the use of the required parking for the residence or create on-street parking problems in the neighborhood.

4. The average residential neighbor would not be aware of the existence of the home occupation, under normal circumstances.

5. Additional off-site employees may be employed by the business, but they may not report for work at the lot that contains the home occupation.

• C. Hours of Operation. The hours of operation during which customers may visit the home occupation shall be between the hours of 7:00 a.m. and 7:00 p.m. D. Number of Home Occupations. One (1) home occupation is allowed at a home where customers may visit the business. Otherwise, there is a limit of one (1) additional home occupation for the residence where no customers may visit the business.

E. On-Site Sales. The home occupation shall not involve sale of merchandise other than that produced on the premises (e.g., artist's originals or products individually made to order), or directly related to and incidental to the services offered. Products which are not produced on the premises may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold off-site at a permitted commercial location.

F. Primary Residential Use. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

G. Operation and Off-Site Effects. No process shall be used which is hazardous to public health, safety, or welfare. The home occupation shall produce no evidence of its existence upon or beyond the premises such as external alterations creating non-residential or unsightly appearance of a structure, noise, smoke, fumes, odors, light, electrical interference, dust, glare, liquid or solid waste, or vibrations. Noise levels shall comply with the city's noise ordinance. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

H. Services and Visits. Customer calling on the premises is limited to three (3) visits from customers, patients, clients, students or other person served by the home occupation per day. Further, home occupation services are restricted to those conducted by mail, telephone, or activities wherein the operator picks up and delivers.

I. Storage and Waste Materials. There shall be no outside storage of material, equipment, products, or supplies. Hazardous materials may only be stored in amounts below the thresholds as established by the local Fire Department which does not require any special permits or licenses. The home occupation shall dispose of all waste materials or by-products on a regular, timely basis in conformance with applicable garbage collection, fire protection, and public health regulations.

J. Structure. The home occupation shall be confined completely within a legal structure and shall not occupy more than one (1) room, or the equivalent of twenty-five percent (25%) of the floor area of a dwelling, whichever is greater, or two hundred (200) square feet of a permitted accessory building. No internal or external alterations for the home occupation shall be made to the dwelling unit that are not customarily found in or to serve residents. Conversion or alteration of a portion of the interior of the residence, garage, or accessory structure that does not result in a loss of off-street parking or adversely alter the exterior appearance of the structure may be allowed through approval of appropriate entitlements and issuance of a building permit.

K. Traffic, Vehicles, and Deliveries. Home occupations shall not generate deliveries, pedestrian, or vehicular traffic beyond that which is normal in a residential district. Up to two (2) business related deliveries may be made per week. No more than one (1) truck with a one (1)ton load capacity or other motor vehicle shall be permitted in conjunction with any home occupation and shall be parked in an adequate offstreet parking area. Taxicab, limousine, or pedicab service shall not be on-call and available for service. No vehicle shall be dispatched from the residence. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

A. Failure to comply with the home occupation regulations of this chapter, the approving authority may after notice revoke the home occupation approval and/or business license. Such revocation may be appealed to the Planning Commission pursuant to the appeal procedure provided in Section 17.10.070 (Appeals) of this code.

B. Upon receipt of a complaint regarding the operation of the home occupation or upon observation of a violation of city ordinances, including any conditions imposed upon the home occupation, the Community Development Director shall determine whether the subject home occupation is in compliance with the requirements of this section. If the use if found not to be in full compliance with the Zoning Code or conditions of approval, the Community Development Director shall have cause to suspend or revoke the home occupation or amend operational conditions.

C. Once a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted and subsequent applications shall not be filed within one (1) year from the date of revocation. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)