Chapter 18.119 HOME OCCUPATIONS

Chapter 18.119
HOME OCCUPATIONS

Sections:

18.119.020 Applicability.

18.119.030 Prohibited home occupations.

18.119.010 Findings.

The City Council finds and determines as follows:

A. The City has a history and reputation for well-preserved residential areas and the property values and the general welfare of the community are founded, in part, upon the compatibility of uses within zoning districts.

B. The existence of certain businesses or hazardous uses within residential areas of the City, as described in this chapter, is injurious and inimical to the public health, safety and welfare of the residents of the City and contributes substantially and increasingly to the deterioration of neighborhoods.

C. Prohibition of these conditions is in the best interest of the health, safety and welfare of the residents of the City because maximum use and enjoyment of properties closely proximate to one another depends upon limitations on commercial and other uses within residential areas. The beneficial effects of maintaining a minimum standard of residential activities include, but are not limited to, appreciation of property values, physical improvement of residential and commercial areas, attraction of investors of capital to residential and commercial zones, increase in commercial trade and increase in the tax base of the City. (Ord. 1179 § 3 (part), 1995)

18.119.020 Applicability.

This chapter applies to all residential units and properties in the City regardless of their zoning designation. (Ord. 1179 § 3 (part), 1995)

18.119.030 Prohibited home occupations.

A. The following uses are not permitted within any residential zoning district.

1. Changes to Residential Character. Home occupations which adversely affect the uses permitted in the residential district or which cause the premises to differ from its residential character in colors, materials, construction or lighting.

2. Commercial Vehicles and Attachments. Home occupations involving more than one commercial vehicle on site, as defined by Section 15.24.030, per property within residential zoning districts shall not be permitted. No attachments of equipment or machinery used for business purposes shall be permitted either on the vehicle or on site when the vehicles are not in use and such equipment or machinery is within view from the public right-of-way or neighboring properties. Storage of attachments of equipment and machinery are not permitted in areas visible from public rights-of-way or neighboring properties, unless part of an active approved construction project on site.

3. Direct Sales Prohibition. Home occupations involving the direct sales of products or merchandise or the provision of services shall not be permitted from the home except by mail, telephone or other mode of electronic communication, or as permitted in Section 18.119.040 of this Code.

4. Enclosure Requirement. Home occupations conducted outside of a totally enclosed dwelling unit shall not be permitted, with the exception of garage sales as regulated in this chapter and deliveries.

5. Environmental Disturbances. Home occupations shall not be permitted which create objectionable noise, electrical or magnetic interference, vibration, particulate matter, odor, heat, humidity, glare, refuse, radiation, interference with the transmission of communications, interference with radio or television reception, or other objectionable emissions, effects or hazards, which increase these effects above the local ambient level or create a potential danger to the community.

6. Equipment Use. Home occupations shall not be permitted which involve mechanical or electrical equipment which is not customarily incidental to domestic use. Facsimile machines, copy machines, computers, and other similar business equipment are permitted. Small power tools and similar equipment/machinery are also permitted.

7. Garage Storage. Storage of business items and business activity conducted within a required garage shall not be permitted if the interior garage does not exceed twenty feet by twenty feet. Any excess width or depth may be used for the business activity.

8. Instruction Limitation. Home occupations shall not be permitted which involve instruction of more than two pupils at a time by appointment only, with the exception of no more than four recitals per year.

9. Nonresident Employees. Home occupations shall not be permitted which involve business activities of employees not residing on site.

10. Signage. Home occupations shall not be permitted which utilize signs which are not in conformance with the regulations for the district in which the business is located.

11. Storage. Home occupations shall not be permitted which occupy more than one-fourth of the area of one floor of said dwelling (including storage associated with the use).

12. Structural Modification Limitation. Home occupations shall not be permitted which involve an entrance to a space devoted to such use that is not from within the building and internal or external alterations or construction features not customary in dwellings are created.

13. Traffic and Parking Generation. Home occupations shall not be permitted which create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling is located or which create the need for additional parking spaces.

14. On-Site Client Contact. Home occupations shall not be permitted which involve on-site client visits. All client contact shall be off site from the home occupation.

15. Other Prohibited Uses. Any other use determined by the Planning Director not to be incidental nor compatible with residential activities.

B. The following specific businesses are additionally prohibited within all residential units and properties within the City:

1. Barber, beauty and nail salons;

2. Businesses which entail the harboring, training, breeding, raising or grooming of dogs, cats, or other animals on the premises;

3. Carpentry and cabinet making businesses;

4. Medical and dental offices, clinics, massage establishments and laboratories;

5. Mini storage;

6. Repair, fix-it or plumbing shops;

7. Storage of equipment, materials, and other accessories to the construction and service trades;

8. Vehicle repair (body, mechanical, painting, on-site detailing), upholstery and painting, except as permitted in Section 15.24.050;

9. Welding and machining businesses.

C. Denial and Revocation of Home Occupation Zoning Clearances.

1. A home occupation approval may be revoked or modified by the Zoning Administrator subsequent to an administrative hearing for violation of any of the above requirements. In the event of the revocation of any home occupation approval, or of objection to the limitations placed thereon, appeal may be made in accordance with Chapter 1.25. Administrative costs of the revocation shall be paid by the applicant.

2. In the event of denial of any permit, or of objection to the limitations placed thereon, appeal may be made in accordance with Chapter 1.25. (Ord. 1319 § 42, 2003; Ord. 1179 § 3 (part), 1995)

18.119.040 Garage sales.

Garage sales, as defined in Section 18.08.335, are permitted within residential zoning districts on the following conditions:

A. No more than three garage sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Planning Director or his/her duly authorized representative.

B. No single sale event shall be conducted for longer than three consecutive days.

C. Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

D. Garage sales shall be conducted between the hours of nine a.m. and six p.m.

E. Property offered for sale at a garage sale may be displayed only within the perimeters of the residence, the driveway, or the rear yard of the property on which the garage sale is being conducted.

F. A maximum of four off-site directional signs, not to exceed eighteen inches by twenty-four inches, shall be permitted. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or in the public right-of-way.

G. A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three sales per year limitation set forth in subsection A of this section.

H. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this Code, shall be prohibited. (Ord. 1319 § 43, 2003; Ord. 1179 § 3 (part), 1995)