Chapter 5.20
HOME OCCUPATIONS
Sections:
5.20.010 Permit required – Application – Issuance – Expiration.
5.20.010 Permit required – Application – Issuance – Expiration.
A. A “home occupation” shall be defined as an activity which is clearly incidental and secondary to the use of a dwelling for residential purposes.
B. An application for a home occupation permit shall contain information deemed necessary by the Planning Director to ensure satisfactory compliance with required conditions for issuance of the permit.
C. Home occupations shall be permitted only after a home occupation permit has been issued by the Planning Director and a business license secured from the City Finance Department.
1. A home occupation which varies from the requirements and limitations of this section shall be required to obtain a conditional use permit from the Planning Commission.
D. The home occupation permit shall be valid for one year and shall be renewed by the applicant each year prior to expiration. The Director shall renew the permit upon determining that the home occupation complies with required conditions.
E. In the event an enforcement action is sustained by the Planning Director, the permit shall not be renewed. In such cases a new permit shall be required. Subsequent applications for home occupation permit by the same applicant found in violation of conditions shall be accompanied by triple the amount of fees previously required.
F. Any person not satisfied with the decision of the Planning Director may appeal the decision in writing to the Planning Commission by paying the required appeal fee and submitting in written form the basis for the appeal. Upon receipt of the appeal, the Planning Director shall set the matter for hearing and give notice in the time and manner provided by law. In deciding such appeal, the Planning Commission shall consider evidence in the record, including the report of the Director and information supplied by the appellant. The decision of the Planning Commission shall be rendered within 45 days of the receipt of any such appeal. (Ord. 97-17, 10-28-1997)
5.20.020 Required conditions.
A. A home occupation shall not change the residential character of either the dwelling or the surrounding neighborhood.
B. A home occupation shall be conducted entirely within a dwelling, and shall not be permitted in any required parking area, accessory structure or within any yard space.
C. A home occupation shall be operated and maintained only by the full-time residents of the dwelling in which such home occupation occurs.
D. No person, other than a resident of the dwelling, shall be employed on-site, or report for work at the site, in the conduct of the home occupation. This prohibition applies also to independent contractors.
E. The area where the home occupation is conducted shall have direct access to the interior of the residence.
F. A home occupation shall not involve the use of more than one room or 20 percent of the dwelling unit’s square footage, excluding garage square footage, whichever is greater.
G. A home occupation shall not utilize mechanical or electrical equipment except that which is customary for purely domestic or hobby purposes.
H. No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke, or other particulate matter, odorous matter, heat, humidity, glare, electronic interference, or constitute a nuisance or safety hazard.
I. No wholesale, jobbing, or retail business shall be permitted unless it is conducted entirely by mail and/or telephone. No article will be sold or offered for sale on the premises.
J. There shall be no outdoor storage of materials, supplies or equipment used to conduct a home occupation.
K. A home occupation shall not be permitted to generate vehicular traffic, pedestrian traffic and parking beyond that normal to the zoning district in which it is located.
L. No sign, nameplate, or any other form of advertising shall be displayed on the premises in connection with any home occupation.
M. The address of the home occupation will not be advertised in any publication, not including business cards and letterheads.
N. In no event shall a home occupation be interpreted to include an animal hospital or kennel; vehicle repair and/or body shop; barbershop, beauty shop or other personal service establishment; business, dance, or music school; campground or RV park; contractor’s storage yard; doctor or dentist office; fuel wood sales and/or processing; guest lodging; laundry; mortuary; outdoor sales or repair; private club; repair shop or service establishment; retail sales business; restaurant or bar; video arcades or amusement centers.
O. No use involving the storage, sale or use of any hazardous or explosive materials, beyond that normally found in a single-family residence, shall be allowed as a home occupation.
P. The Planning Director may arrange for annual review of any home occupation and may conduct an on-site inspection as part of this review. (Ord. 97-17, 10-28-1997)