Chapter 4.02
HOME OCCUPATIONS*
Sections:
4.02.010 Purpose.
4.02.020 Definitions.
4.02.030 Licensing criteria.
4.02.040 License--Notice.
4.02.050 License--Required.
4.02.060 License--Review.
4.02.070 License--Fee.
4.02.080 License--Limitations, fees, transferability.
4.02.090 License--Existing home occupations.
4.02.100 License--Penalty for late application.
4.02.110 Denial or revocation of license--Reasons.
4.02.120 Suspension, denial or revocation of license--Appeal.
4.02.130 Nuisance declaration.
4.02.140 Penalties.
4.02.010 Purpose.
The purpose of this chapter is to limit and control those activities associated with home occupations which could conflict with the residential character of Woodway while allowing residents to conduct businesses on their residential property which do not disturb the peace and tranquility of the community. It is the intent of this chapter that only home occupations which are customarily incidental and secondary to the use of a dwelling or a residence shall be allowed. (Ord. 97-330 § 2)
4.02.020 Definitions.
A. "Home occupation" means an enterprise for personal income operated in the town of Woodway as incidental or secondary to the residential use of residential property. The primary characteristic of a home occupation for which licensing is required is that the enterprise brings nonresidents to the property of residents in the town.
B. "Commercial activity" means any activity from which revenue or business-related goodwill is derived or generated for the benefit of the resident of residential property, without regard to the duration of the activity, except for businesses servicing the resident or property.
C. Hazardous Materials. Hazardous material shall be classified and stored as per regulations in the 1991 Uniform Fire Code, Article 80, Hazardous Materials, Division I (General), Division II (Classification by Hazard) and Division III (Storage), as adopted by reference in ordinance No. 271.
D. Passenger Cars and Light Trucks. "Passenger cars" are two-axle, four-tire automobiles, generally with seating from two to six passengers and typically weighing between one thousand five hundred and four thousand pounds. "Light trucks" include pickup trucks and vans and generally have gross vehicle weights ("GVW") under ten thousand pounds (reference "Traffic Engineering Handbook").
E. Single-Unit and Combination Trucks. "Single-unit trucks" are trucks in which the cargo area and the power unit are connected on a common frame and cannot be separated. They include two-, three-, and four-axle trucks and generally have GVWs in the ten thousand pound to forty thousand pound range. "Large combination trucks" consist of a power unit or tractor and one or more trailers with gvws up to eighty thousand pounds (reference "Traffic Engineering Handbook"). (Ord. 97-330 § 3)
4.02.030 Licensing criteria.
All home occupations shall meet the following licensing criteria:
A. Area Used. The home occupation shall be conducted entirely within an enclosed building on the residential property which meets the requirements of all applicable Woodway ordinances. Exceptions to this would be the use of tennis courts, stables or swimming pools when conducting lessons. The display or storage of goods outside of a building, or in a window is strictly prohibited. No business signs are permitted.
B. Traffic. The home occupation shall not create any more traffic than is normal for a single residence in the neighborhood due to travel to the site by customers, clients, patients or service personnel. Normal traffic shall be limited to ten one-way trips per day.
C. Equipment Use. Mechanical equipment can be used if it is compatible with a residential environment and does not violate any town, state or federal public nuisance law.
D. Mobile Equipment. A single unit truck or combination truck may not be stored within the town unless it is under contract for use by the town and kept on property licensed for a home occupation and stored out of public view and is in compliance with town legal weight limits.
E. General Regulations. No repair or servicing of any commercial vehicle will be permitted unless out of the public view. Furthermore, no repair or servicing of any noncommercial vehicle, boat or equipment which are not the property of the property owner shall be permitted. Emission of dust, odor, smoke, noise, light, heat, glare vibration or other emission shall not exceed that which is allowed by town ordinance or federal or state standard for a residential environment.
F. Parking. Any required parking shall be located on the residential property of the license holder and shall be limited to that which is usual and customary for a single-family dwelling. No home occupation-related parking shall be permitted on any street or right-of-way.
G. Health and Safety. Does not create a condition which injures or endangers the comfort or disturbs the peace and tranquility of the neighborhood or poses a threat to the public health and safety. The residential premises shall not be littered, unkept, or otherwise poorly maintained as it relates to the home occupation activity.
Examples of home occupations which may require a home occupation license are: bookkeepers, contractors, interior designers, caterers, landscapers and gardeners, and musical instructors.
Commercial activities which are incidental to residential use may not require a home occupation license. Examples would include physicians who receive or make telephone calls to patients from home; attorneys who prepare or review material at home or communicate with their office or clients; individuals who "telecommute"; salespeople who communicate with clients from home. It is understood that residents in the examples cited have a principal office or place of employment located outside of the town. In the event such commercial activities create nonresident traffic or equipment use in the town, a home occupation license shall be required. (Ord. 97-330 § 4)
4.02.040 License--Notice.
A. The Mayor, or Mayor’s designee, is authorized to issue a notice of home occupation license requirement to any town resident or owner of property in the town. Said notice shall be based on probable cause to believe that commercial activities on the property require a home occupation license.
B. Within ten calendar days of such service, residents or owners served with said notice shall apply for a home occupation license, or may appeal to the Town Council.
C. In the event of appeal, the Town Council shall review the notice, and evidence related thereto, at the next regularly scheduled public meeting. The Council may confirm or dismiss said notice. In the event said notice is confirmed, said owner or resident shall apply for a home occupation license within five calendar days of Council action.
D. Failure to apply for a home occupation license as provided herein shall be a violation of this chapter. (Ord. 97-330 § 5)
4.02.050 License--Required.
No person shall operate a home occupation without a license as provided under this chapter. (Ord. 97-330 § 6(A))
4.02.060 License--Review.
The Town Clerk shall review all applications for a home occupation license using the criteria listed in Section 4.02.040 of this chapter. Upon recommendation of the Town Clerk, the application will be reviewed by the Town Council at the next regularly scheduled public meeting. The Council may approve, deny or approve with modifications or conditions imposed. Action of the Council shall be final. (Ord. 97-330 § 6(B))
4.02.070 License--Fee.
A fee shall be charged for each home occupation license and renewal thereof, as set forth in Section 3.32.010. Licenses are issued for one year, expiring December 31st of the year issued and must be renewed annually. (Ord. 04-431 § 3(part), 2004: Ord. 97-330 § 6(C))
4.02.080 License--Limitations, fees, transferability.
Licenses for home occupations are personal to the applicant and shall not be transferred or otherwise assigned to any other person. A home occupation shall not be transferred to any site other than the site in the described application. (Ord. 97-330 § 6(D))
4.02.090 License--Existing home occupations.
Home occupations established prior to the effective date of the ordinance codified in this chapter and not having a license shall make application on or before January 1, 1998, for a license. After January 1, 1998, the penalties section of this chapter shall be in full force. (Ord. 97-330 § 7)
4.02.100 License--Penalty for late application.
Any person having an established home occupation, or new home occupation, who shall fail to make application for a home occupation license or for renewal of an existing permit, shall be subject to a penalty as set forth in Section 3.32.010. (Ord. 04-431 § 3(part), 2004: Ord. 97-330 § 8)
4.02.110 Denial or revocation of license--Reasons.
No license shall be issued, or an existing license may be revoked, for any of the following reasons:
A. Not in compliance with the criteria for licenses or zoning codes;
B. Applicant or licensee has been convicted of a crime which relates directly to the specific business for which the license is sought;
C. Applicant or licensee has suffered a civil judgment based upon fraud, misrepresentation, or violation of the Washington Consumer Protection Act;
D. If reasonable grounds exist to believe that the applicant or licensee is dishonest, or may present a danger to the public health, safety, or welfare;
E. The license was procured by fraud or misrepresentation of fact.
In addition to other powers, the town shall revoke any home occupation license where the licensee uses or occupies property, or conducts or operates a business in violation of the laws of the town of Woodway, state of Washington or any other laws; provided, that the Town Clerk shall notify the licensee by certified mail, at the licensee’s home address, of the intention of the town to revoke said licensee’s license in fifteen days for stated reasons, and said license shall be revoked at the expiration of fifteen days unless the licensee requests, in writing, a hearing in front of the town council, in which case a hearing shall be scheduled for the next town council meeting and the licensee shall be notified by certified mail of the proposed hearing date and time. After the hearing, if the town council finds violation of the conditions and terms of the licensee’s license, the town council may revoke the license. Nothing contained herein shall limit or preclude a licensee’s right to judicial review in the superior court or otherwise; provided, that said judicial review shall be filed within thirty days of the town’s final action on any license. (Ord. 97330 § 9)
4.02.120 Suspension, denial or revocation of license--Appeal.
A resident conducting or permitting commercial activity to take place on his/her property is required to obtain a home occupation license (see Section 4.02.020 (A) and (B) for definitions). Commercial activity for which a home occupation license has been applied for and denied or not applied for is in violation of this chapter and is subject to the penalties provided herein. only those home occupations which are consistent with the stated purposes and criteria of this chapter are considered to be consistent with the residential sections of the zoning ordinance.
A. If application for a license is denied, the town clerk shall so notify the applicant in writing, indicating the reasons for denial and informing him/her of his/her rights as provided herein.
B. An applicant for a license shall have the right to appeal denial of license by filing a written appeal with the town clerk’s office within ten business days of the denial notice. The hearing shall be held before the council at the next regular scheduled town council meeting. The applicant shall have the burden of proof. A written decision on the appeal shall be issued within ten business days following the hearing.
C. The licensee shall have the right to appeal a suspension or revocation of his/her license by filing a written appeal with the town clerk’s office no later than ten business days from date of suspension or revocation. The licensee shall have the right to a hearing on his appeal before the town council at the next regular scheduled town council meeting following filing of the appeal. The licensee shall have the burden of proof. The town clerk shall issue a written decision on the appeal no later than ten business days following said hearing. If it is determined that the license would not be suspended or revoked, the license shall be reinstated for any time period remaining and extended for the number of days that the suspension or revocation was in effect. (Ord. 97-330 § 10)
4.02.130 Nuisance declaration.
Unlicensed home occupations are hereby declared to be a nuisance subject to appropriate legal remedy. (Ord. 97-330 § 12)
4.02.140 Penalties.
Any person who violates any portion of this chapter, except as provided in Section 4.02.100, shall be subject to a civil penalty of one hundred dollars per day per violation. (Ord. 97-330 § 11)