Chapter 18.14
HOME OCCUPATION PERMITS

Sections:

18.14.010    Purpose and intent.

18.14.020    Home occupation.

18.14.030    Adult family home.

18.14.040    Type I and Type II home occupations defined.

18.14.050    Applicability and exemptions.

18.14.060    Permit procedures and submission requirements.

18.14.070    Conditions applicable to Type II home occupation approvals.

18.14.080    Action regarding complaints and violations of standards.

18.14.090    Fees.

18.14.010 Purpose and intent.

The City Council hereby finds that there is a need to permit residents of the community a broad choice in the use of their homes as a place of livelihood and for the production or supplementing of personal and family income. It is the intent of the City Council to:

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

B.    Establish measurable and comprehensive criteria and standards for the use of residential structures for home occupations.

C.    Protect the public interest by enabling certain business activities to be conducted from within residential properties subject to limitations that will protect residential neighborhoods from the potential impacts of such business activities. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009)

18.14.020 Home occupation.

Residents of a dwelling unit may conduct home occupations as accessory activities, provided:

A.    The total area devoted to all home occupation(s) shall not exceed 25 percent of the gross floor area of the dwelling or housekeeping unit (includes attached garages).

B.    All on-site activities of the home occupation(s) shall be conducted indoors; no outside storage is allowed.

C.    The following activities may be permitted as home occupations:

1.    Dressmaking, seamstresses, tailors;

2.    Artists and sculptors;

3.    Resident owned and operated beauty and/or barbershops;

4.    Tutoring limited to two students at a time;

5.    Home crafts, such as model-making, rug weaving, and lapidary work;

6.    Office facility of a minister, rabbi or priest;

7.    Office facility of a salesman, sales representative or manufacturer’s representative;

8.    Office facility of a professional;

9.    Repair shop for household items;

10.    Telephone answering or soliciting;

11.    Computer programming and small-scale repair;

12.    Music and arts instruction (not more than two students at one time); a Type I home occupation, as defined in FMC 18.14.040, may allow not more than 10 lessons a day; a Type II home occupation, as defined in FMC 18.14.040, is necessary when lessons teach more than two students at a time and lessons exceed 10 per day;

13.    Massage therapist;

14.    Pet grooming;

15.    Typing/word processing service;

16.    Service related retail sales;

17.    Personal trainer (no more than two persons in a group; no more than eight groups a day); and

18.    Adult family home as defined in FMC 18.08.035 and regulated under FMC 18.14.030.

Additional permitted uses may be allowed which meet the intent of this chapter, if not specifically prohibited by subsection (D) of this section.

D.    The following activities shall be prohibited as home occupations:

1.    Repair, building or servicing of vehicles;

2.    Antique shop;

3.    Gift shop;

4.    Veterinary clinic or hospital;

5.    Painting of vehicles, trailers or boats;

6.    Large appliance repair (including stoves, refrigerators, washers and dryers);

7.    Upholstering;

8.    Cabinet and woodworking shops;

9.    Machine and sheet metal shops;

10.    Martial arts or dance/aerobics studio;

11.    Small engine repair and any use which may include hazardous chemicals;

12.    Dispensing of medical drugs or other items which may be potentially hazardous to the surrounding area;

13.    Parking and storage of heavy equipment;

14.    Storage of building materials for use on other properties;

15.    Non-service-related retail sales;

16.    Mortuaries;

17.    Dancing studios, exercise studios;

18.    Private clubs;

19.    Restaurants and catering services; and

20.    Family child day care homes providing services for 12 or more children.

E.    There shall be no more than three deliveries per week to the residence by suppliers, except that delivery of mail and small packages by the United States Postal Service or by alternative private delivery services shall not be included as supplier deliveries.

F.    Sales shall be limited to online, mail order and telephone sales, with off-site delivery. No on-site retail sales are permitted.

G.    Services to patrons shall be arranged by appointment or provided off site.

H.    Individual transportation vehicles including taxicabs and limousines used by businesses engaging in furnishing individual or small group transportation by motor vehicle shall not park within any required setback areas of the lot or on adjacent streets.

I.    The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

1.    No more than one such vehicle shall be allowed;

2.    Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and

3.    Such vehicle shall not exceed a nominal model designation of one ton (i.e., Ford F350; Chevy-GMC 3500).

J.    The home occupation(s) shall not use electrical or mechanical equipment that results in:

1.    A change to the fire rating of the structure(s) used for the home occupation(s);

2.    Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or

3.    Fluctuations in line voltage off premises.

K.    There shall be no offensive noise, vibration, smoke, dust, odors, heat, light or glare noticeable at or beyond the property line resulting from the operation.

L.    There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which, in the judgment of the Fire and County Health Departments, pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals who are engaged in home occupations shall make available to the Fire or County Health Departments for review the material safety data sheets which pertain to all potentially toxic and/or flammable materials associated with the use.

M.    There shall be no additional structures erected on site to accommodate a home occupation.

N.    In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

1.    One stall for a nonresident employed by the home occupation(s); and

2.    One accessible stall for patrons when services are rendered on site. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009)

18.14.030 Adult family home.

In addition to the requirements listed in this chapter, adult family homes shall observe the following additional standards:

A.    Shall meet the state licensing requirements and provide the City with verification of state license as applicable.

B.    Outdoor areas provided for adults shall be screened by a solid fence at least four feet high or a solid landscaping screen which has year-round vegetation installed along a side or a rear lot lying adjacent to another property used as a residence.

C.    Two off-street parking spaces shall be available for the residents, plus two additional off-street spaces or 40 feet of street frontage abutting the property. (Ord. 1969 § 3 (Exh. 4), 2016)

18.14.040 Type I and Type II home occupations defined.

Home occupations shall be defined as either a Type I or Type II home occupation. A separate home occupation permit and fee is required for each parcel of property on which a Type I and a Type II home occupation is undertaken. Home occupations shall observe the following additional standards:

A.    Type I Home Occupations. A Type I home occupation shall exhibit no evidence that a business is being conducted from the premises. A Type I home occupation shall not permit:

1.    Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises;

2.    Exterior signage which identifies the property as a business location. An internal sign, not to exceed two square feet in area, may be permitted;

3.    More than 12 clients or customers to visit the premises for any reason per week, except as specified in FMC 18.14.020(C)(12); and

4.    Exterior storage of materials, goods, or equipment.

B.    Type II Home Occupations. Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises. Therefore, the following is allowed for Type II home occupations:

1.    One professionally designed and constructed nonilluminating sign, utilizing muted colors, not to exceed two square feet, which shall be attached to the residence or accessory structure or placed in a window (see FMC 18.80.170(B)(3));

2.    No more than one outside volunteer or employee who is not a principal resident of the premises;

3.    Except as specified in FMC 18.14.020(C)(12), there shall be no more than six client visits per day or groups of not more than eight unrelated persons. One client does include a family;

4.    In addition to parking required for the residents, there are no more than two vehicles parked on or in the vicinity of the property as a result of the business at any one time; and

5.    Interior storage of materials, goods and equipment. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.030)

18.14.050 Applicability and exemptions.

A.    No person shall carry on a home occupation, or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this chapter.

B.    Exemptions. Any person or party wishing to establish an exempt home occupation, excluding garage sales, shall make application through the Community Development Department office. Exemptions from the provisions of this chapter include but are not limited to:

1.    Authors, composers and writers;

2.    Paperwork and similar activities performed by residents, who may have a primary office elsewhere and with no customers visiting their home;

3.    Services or activities that are not performed at the residence, such as newspaper delivery, babysitting, lawn care and gardening where all equipment is permanently stored in existing structures on site, parties for the sale of items such as Tupperware, Mary Kay, etc., and similar services; provided such exempt home occupation complies with the provisions of FMC 18.14.020(I);

4.    Garage sales, subject to the requirements of FMC 5.04.100;

5.    Hobbies that do not result in payment to those engaged in such activity; and

6.    Family day care facilities for 12 or fewer children, licensed by the Washington State Department of Social and Health Services.

C.    A separate permit is required for each Type I and Type II home occupation conducted on a property. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.040)

18.14.060 Permit procedures and submission requirements.

A.    A person wishing to engage in a Type I home occupation must be a principal resident/occupant of the property, pay a one-time review fee in the amount established by the City, agree to abide by the provisions of this chapter, and acquire an annual City business license.

B.    A person wishing to engage in a Type II home occupation must be a principal resident/occupant of the property, pay a one-time review fee in the amount established by the City, agree to abide by the provisions of this chapter, acquire an annual City business license, and is required to have a permit interview with City staff, and shall submit an application pursuant to subsection (D) of this section.

C.    The Community Development Director, and/or his/her designee, will be the decision maker on Type II home occupation applications:

1.    The decision to approve, approve with conditions, or deny an application for Type II home occupation permit shall be made by the Community Development Director, and/or his/her designee, within 14 days of filing of the permit application and payment of the permit fee, and upon findings of whether or not the proposed use:

a.    Is in conformance with the standards contained in this chapter;

b.    Will be subordinate to the residential use of the property; and

c.    Is undertaken in a manner that is neither detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents.

2.    The Community Development Director’s, and/or his/her designee’s, decision to deny an application for a Type II home occupation or to approve it with conditions may be appealed to the Hearings Examiner; provided, that such appeal is filed within 14 days of the date of notification of decision as provided in subsection (C)(3) of this section.

3.    Upon approval of a Type II home occupation, the Community Development Director, and/or his/her designee, shall issue a preliminary notice of approval to abutting property owners. The Director’s decision shall be final within 14 days following the day of mailing of notice unless appealed to the Hearings Examiner. The Hearings Examiner’s decision shall be the final administrative decision of the City, and appeals thereto may be made to the Superior Court.

D.    An application for a Type II home occupation shall be made on forms provided by the Community Development Director, and/or his/her designee, and shall be accompanied by:

1.    One copy of the applicant’s statement or narrative which explains how the proposal conforms to the approval criteria;

2.    The required fee;

3.    A site plan of the property drawn to scale with a north arrow indicated. The site plan shall show all major features of the property including buildings, major vegetation, access for public streets, parking, sidewalks, etc.;

4.    One floor plan of all structures on the property which are to be used for the home occupation(s);

5.    One assessor’s map;

6.    The names and addresses of all abutting property owners;

7.    Property owner’s signature(s) or written authorization from the property owner;

8.    All postage fees associated with the notice for abutting property owners;

9.    Application for City business license; and

10.    Application for a sign permit, if a sign is requested. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.050)

18.14.070 Conditions applicable to Type II home occupation approvals.

The Community Development Director, and/or his/her designee, may impose conditions upon the approval of a Type II home occupation permit to ensure the requirements of this chapter are complied with. These conditions may include, but are not limited to, the following:

A.    Further limiting the hours, days, place and manner of operation;

B.    Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, light, glare, odor and dust;

C.    Requiring additional building setbacks, and increased lot area, depth or width;

D.    Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses;

E.    Designating the size, number, location and design of vehicle access points;

F.    Requiring street right-of-way to be free at all times of vehicles associated with the home occupation;

G.    Requiring landscaping, buffering and/or screening of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements;

H.    Requiring storm drainage improvement, and surfacing of parking and loading areas;

I.    Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation;

J.    Limiting or setting standards for the location and intensity of outdoor lighting;

K.    Requiring and designating the size, height, location of fences and materials used for their construction;

L.    Requiring the protection and preservation of existing trees and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;

M.    Limiting the type and number of vehicles or equipment to be parked or stored on the site; and

N.    Any other limitations which the Community Development Director, and/or his/her designee, considers to be necessary or desirable to make the use comply with the purposes stated in FMC 18.14.010. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.060)

18.14.080 Action regarding complaints and violations of standards.

The Community Development Director, and/or his/her designee, upon inspection of the premises, receipt of a written complaint, or during review of the permit, may revoke a home occupation permit approval if the conditions of approval have not been complied with or the home occupation is otherwise conducted in a manner contrary to this chapter.

A.    All home occupations are subject to review by the Community Development Director, and/or his/her designee.

B.    Complaints. The City of Ferndale or the public may originate complaints. Complaints from the public shall clearly state the objection to the home occupation, such as but not limited to:

1.    Generation of excessive traffic;

2.    Exclusive use of on-street parking spaces; or

3.    Other offensive activities not compatible with a residential neighborhood.

C.    Review of Complaints. The Community Development Director, and/or his/her designee, shall review written complaints, and the written response of the operator to the complaints. The Director shall either approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter. The operator of the home occupation may appeal the Community Development Director’s, and/or his/her designee’s, decision to the Hearings Examiner in accordance with Chapter 14.11 FMC.

D.    Cessation of Home Occupation Permit Pending Review. If it is determined by the Community Development Director, and/or his/her designee, in the exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease, pending Hearings Examiner review and/or exhaustion of all appeals.

E.    Notice of Appeal Hearing. Written notice of a hearing on an appeal of the Community Development Director’s, and/or his/her designee’s, decision to either revoke or not revoke a Type II home occupation permit shall include its date, time and place, and shall be given to the owner(s). Written notice shall also be given to abutting property owners for a Type II home occupation, and to the complainant(s), if any.

F.    Hearings Examiner Review. The Hearings Examiner shall either approve the use as it exists, revoke the permit, or compel suitable restrictions and conditions to ensure compatibility with the neighborhood.

G.    In addition, any person violating any provision of this section shall also be subject to the provisions of FMC 18.12.290. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.070)

18.14.090 Fees.

A fee as set forth in the Unified Fee Schedule shall be collected at the time of application for a home occupation permit. (Ord. 1969 § 3 (Exh. 4), 2016; Ord. 1524 § 1, 2009. Formerly 18.14.080)