Chapter 19.32
HOME OCCUPATION STANDARDS
Sections:
19.32.020 Recodified.
19.32.030 Types distinguished.
19.32.050 Criteria for approval – Type A or “minor” home occupation.
19.32.060 Criteria for approval – Type B or “major” home occupation.
19.32.070 Prohibited home occupations.
19.32.090 Revocation of permits.
19.32.010 Purpose.
The purpose of this chapter is to address the need for small-scale, home-based businesses and to ensure they are suitable to the characteristics of the surrounding residential neighborhood or the area. The regulations are designed to:
(1) 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;
(2) Protect residential areas from potential adverse impacts of activities defined as home occupations and maintain the quality of life for all residents of the city;
(3) Establish criteria and development standards for the use of residential structures or dwelling units for home occupations;
(4) Protect the individual characteristics of residential neighborhoods in the city of Buckley; join in an effort to reduce vehicle miles traveled, traffic congestion and air pollution in the state of Washington. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.020 Definitions.
Recodified to Chapter 19.12 BMC by Ord. 17-14. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.030 Types distinguished.
(1) Type A Home Occupation. A home occupation where the residents use their dwelling as a place of work.
(2) Type B Home Occupation. A home occupation where the residents use their dwelling as a place of work but that exceeds the standards of the Type A home occupation. Type B home occupations shall be permitted only as conditional uses and with approval by the designated official subject to the provisions of Chapter 19.40 BMC and BMC 19.32.060. Type B home occupations shall be filed on forms provided by and in the manner set forth by the planning department, with application fee paid as established by adopted fee schedule. (Ord. 06-16 § 21, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.040 Permit procedures.
(1) Home occupations complying with the criteria established in BMC 19.32.050 shall be considered Type A or minor and permitted in all zones in which residences are permitted. Administrative review by the planning department will commence upon the city’s receipt of a business license application to determine compliance with this chapter.
(2) Home occupations complying with the criteria established in BMC 19.32.060, Criteria for approval – Type B or “major” home occupation, shall commence only after the issuance of a conditional use permit as outlined in Chapter 19.40 BMC. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.050 Criteria for approval – Type A or “minor” home occupation.
Type A or “minor” home occupations shall meet all of the following criteria:
(1) With the exception of horticulture activities, the business shall be conducted wholly within a residence or in an accessory building that is clearly subordinate to the existing residence;
(2) No more than one person who is not a resident of the dwelling shall be employed in the home occupation;
(3) The primary function of the home occupation is not based on the maintenance, repair or assembly of any vehicles or motors associated with any vehicle, yard equipment, or construction/demolition equipment;
(4) The property shall not be altered. No expansion of the parking area is allowed beyond that required for the existing residence. No parking in the setbacks or buffers is allowed;
(5) The use shall not generate additional vehicular traffic for the business beyond that referenced in the ITE Trip Generation Manual as being the average number of trips generated for single-family residences;
(6) No outdoor storage or other exterior indication of the business shall be visible beyond the subject property;
(7) Commercial vehicles above 11,000 GVW shall not be used;
(8) A business license from the city shall be obtained as required in BMC Title 6;
(9) No noise above 50 dba and/or vibration, emissions, dust, odor, heat or glare that would exceed what is normally associated with a dwelling shall be produced by the business beyond the subject property;
(10) No structural or decorative alteration is permitted related to the home occupation;
(11) The home occupation shall not produce waste products of a quality or quantity in excess of that normally associated with residential use;
(12) Deliveries shall be limited to “normal deliveries” as defined in this chapter;
(13) Delivery service shall neither restrict traffic circulation nor overload public or private streets or alleys;
(14) Except for one six-square-foot identification or advertising sign, no display shall be visible from the exterior of the residence. The sign shall comply with all applicable sign standards pursuant to Chapter 19.30 BMC and be subject to permit review and approval; and
(15) No on-site retail sales shall be permitted. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.060 Criteria for approval – Type B or “major” home occupation.
(1) Type B or “major” home occupations shall be allowed subject to a conditional use permit, and shall meet the requirements set forth in BMC 19.32.050(5) through (14) and the following requirements:
(a) The business, including operations and storage, shall occupy no more than half of the residential gross floor area, which includes all accessory buildings. If the business occupies an accessory building, the square footage of that building shall not be larger than the primary residential building;
(b) The building official shall determine the maximum occupancy load of the structure(s) in which the home occupation is proposed; designated official shall consider this number along with all other pertinent facts and comments in determining the maximum number of employees allowed on the premises to work in the home occupation at any one time;
(c) The subject property shall not be altered except to install screening or buffers or to provide parking for no more than four vehicles. No parking in yards and buffers shall be allowed;
(d) No more than three vehicles shall be parked on the property as a result of the business at any one time;
(e) On-site sales shall be limited to items produced on the premises or incidental to the major home occupation;
(f) Traffic generated by the home occupation shall not noticeably affect the residential character of the neighborhood; and
(g) Accessways shall be accessible to emergency vehicles.
(2) Major home occupations include, but are not limited to, the following:
(a) Home occupations that do not meet all of the criteria in BMC 19.32.050, Criteria for approval – Type A or “minor” home occupation;
(b) Auto repairing, vehicle detailing, and vehicle, boat or trailer painting and major appliance repair;
(c) Commercial welding and machine shops. (Ord. 06-16 § 22, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.070 Prohibited home occupations.1
Because the following uses have a pronounced tendency to expand beyond the limits permitted for home occupations, and to impair the use and value of residential structures, the following uses are better suited to commercial or light industrial zones and are not considered home occupations:
(1) On-site retail sales, excluding sales authorized by BMC 19.32.060;
(2) Funeral chapel or mortuary;
(3) Heavy machinery storage not part of an agricultural use. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.080 Time limitation.1
Type A or “minor” home occupations shall be permitted to continue as long as the use continues to comply with the criteria that were in effect at the time of original approval and as long as the business complies with local and state regulations, such as renewing business licenses as required by ordinance. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
19.32.090 Revocation of permits.1
(1) Upon determination that a violation of decision criteria or a condition of approval may have occurred, the director shall notify the owner of a home occupation of the alleged violation and of the revocation procedures if the business is not brought into conformance within 30 calendar days.
(2) If the business is not brought into conformance within the time specified above:
(a) If the business is a Type A “minor” home occupation, the planning department will refer nonconformance to the city administrator for revocation of the business license pursuant to BMC 6.04.160; or
(b) If the business is a Type B “major” home occupation, the planning department will refer the nonconformance to the designated official for public hearing and revocation of the conditional use permit pursuant to BMC 19.40.190.
(3) When a permit or business license is revoked, the director shall notify the owner by certified mail of the revocation and the findings upon which revocation is based.
(4) Nothing in this section shall be construed as limiting other code enforcement remedies available to the city. (Ord. 06-16 § 23, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004).
Code reviser’s note: Ord. 07-04 added these provisions as BMC 19.32.060, 19.32.070 and 19.32.080; they have been editorially renumbered to BMC 19.32.070, 19.32.080 and 19.32.090 in order to avoid duplication.