Chapter 17.82


17.82.010    Purpose

17.82.020    Permit Requirements

17.82.030    Development And Operational Standards

17.82.040    Restricted Home Occupations

17.82.050    Prohibited Uses

17.82.010 Purpose:

The purpose of the home occupation is to allow limited commercial/office uses within a residential neighborhood or zoning district consistent with established criteria to ensure compatibility and to keep the integrity of the surrounding residential uses and character. It will also minimize noise, traffic nuisances, hazardous material usage, and other possible side effects of commercial uses being conducted in residential areas. (Ord. 473 §3, 2007)

17.82.020 Permit Requirements:

Zoning clearance/plan check is required prior to operating any commercial/office related use within a residential neighborhood or zoning district, residential structure or accessory structure thereof within the city in accordance with the provisions of this chapter. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The applicant must demonstrate they reside at the dwelling listed on the permit application. (Ord. 473 §3, 2007)

17.82.030 Development And Operational Standards:

Prior to the issuance of zoning clearance/plan check for a home occupation, the planning director shall find that the proposed home occupation is in compliance with the following criteria:

A.    Storage And Display:

1.    Storage, operation or display of materials, goods, supplies or equipment related to the operation of a home occupation may not be located outside the residence.

2.    On site storage of hazardous materials associated with the home occupation shall be prohibited.

3.    All activities of the home occupation, including storage of inventory or products and all other equipment, fixtures, office and work space may not exceed twenty percent (20%) of the total square footage of the dwelling unit. Total square footage shall include rooms used for residential and home occupation use.

4.    There shall be no display of products produced by the applicants of the dwelling that is visible in any manner from the outside of the dwelling unit.

B.    Employees/Clients:

1.    Employees (up to 3) may be allowed as part of the home occupation permit, however, these employees may not work from the residence or report to the home at any time.

2.    The number of clients that can be present at the residence shall be limited to one at anyone time, and shall not exceed the maximum of eight (8) per day. Clients shall be permitted at the home occupation business location only on weekdays from seven o’clock (7:00) A.M. to eight o’clock (8:00) P.M. and on weekends from eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.

C.    Vehicles/Parking:

1.    One vehicle with a one ton capacity may be retained on site contingent upon the existence or establishment of an additional vehicle parking space located outside of the required front and street side side yard setback area. Such parking space shall comply with residential parking provisions. Regardless of the number of home occupations at a residence, only two (2) additional vehicles (including client vehicles) shall be present at anyone time. Off street parking shall be provided for all vehicles associated with the home occupation. At no time shall a vehicle used for a commercial use (i.e., ice cream truck, tow truck, street sweeper, etc.) be parked at the residence.

2.    There shall be no more than one commercial delivery per day, during normal business hours of eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.

D.    Signs: A sign no larger than two (2) square feet shall be allowed for the home occupation other than the address of the residence.

E.    Nuisances: No activity that produces noise, smoke, odor, glare, electrical interference, vibrations, or junk and rubbish discernible beyond the site shall be allowed.

F.    Sales: There shall be no products sold on the premises.

G.    Conditions: The planning director may impose additional conditions necessary to ensure that the home occupation does not substantially or materially change the residential character of the surrounding neighborhood.

H.    Permit Issuance: An authorized signature of the planning director or the director’s designee on the completed home occupation permit application form shall signify issuance of the permit.

I.    Business License Required: The home occupation may not begin operation until a business license has been obtained. (Ord. 473 §3, 2007)

17.82.040 Restricted Horne Occupations:

The following specific home occupation uses shall be permitted, subject to further limitations as follows:

A.    Beauty/barbershops limited to one operator only.

B.    Contractors’ and subcontractors’ offices are permitted as home occupations. However, the storage of vehicles, materials and equipment not normally associated with residential uses shall be prohibited, except as provided in the applicable zone.

C.    Furniture repair and restoration shall be limited to one occupant working on site and without employees, subject to approval of building inspection and fire marshal, as applicable. There shall be no pick up or delivery at the location by the public.

D.    Assembly, repair, or reconstruction of small electronic, mechanical or garden equipment (including lawn mowers), or small household appliances, shall be limited to one occupant of the dwelling on a part time basis, subject to the approval of the chief building inspector and fire marshal, as applicable. There shall be no pick up or delivery at this location by the public. All testing of equipment shall be performed within an enclosed building. All equipment or appliances assembled, repaired, or reconstructed, pursuant to this subsection, shall not exceed six feet (6') in height, length or width, one hundred (100) pounds in weight, or five (5) horsepower. No more than twelve (12) pieces of equipment, in any condition, shall be on site.

E.    Mail order businesses, as long as the product ordered is mailed directly to the purchaser, or is stored within the dwelling. Items may not be sold directly from the residence.

F.    Manufacture of toys, decorator items, clothing, needlework, handicrafts, or similar products, shall be limited to two (2) occupants of the dwelling on a part time basis using equipment normally found in a residence.

G.    Private lessons, on a part time basis, providing individual instruction in academic subjects, athletics, the arts, crafts, or other similar discipline, provided that only one student may be present for instruction or practice at any time.

H.    Taxicab, limousine, or pedicab service, provided that a vehicle parked at, or near, the residence shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service. The activity associated with the service shall only occur at the residence between the hours of seven o’clock (7:00) A.M. to nine o’clock (9:00) P.M. No more than one vehicle may be parked at, or near, the residence, except that a conditional use permit may be approved by the zoning administrator to allow one additional vehicle to be parked or stored at the residence.

I.    Shoe repair, on a part time basis, providing that no more than eight (8) visitors a day either drop off or pick up such items. No sales of any kind are permitted. The use will not be conducted in such a fashion as to constitute either a public or private nuisance.

J.    Certified massage practitioner as a home occupation (incidental to the residential use only) is permitted if all the following criteria are met:

1.    Only one client is on site at a time and by appointment only.

2.    The practitioner must have a certificate of training from a state approved school (department of education, office of postsecondary education).

3.    The use will not be conducted in such a fashion as to constitute either a public or private nuisance.

K.    Dressmaking, sewing, tailoring, contract sewing (1 operator). (Ord. 473 §3, 2007)

17.82.050 Prohibited Uses:

The following uses are expressly prohibited as home occupations:

A.    Ambulance service.

B.    Ammunition reloading, including custom reloading.

C.    Boarding house, bed and breakfast hotel, timeshare condominium.

D.    Carpentry, cabinet makers.

E.    Ceramics (kiln of 6 cubic feet or more).

F.    Churches, religious instruction.

G.    Health salons, gyms, dance studios, aerobic exercise studios.

H.    Medical, dental, or chiropractic.

I.    Mortician, hearse service.

J.    Palm reading, fortune telling.

K.    Private clubs.

L.    Repair, or reconditioning, of boats or recreation vehicles.

M.    Restaurants or taverns.

N.    Retail sale from site (except direct distribution and artists’ originals).

O.    Storage, repair or reconditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment.

P.    Storage, repair or reconditioning of motorized vehicles or large equipment on site.

Q.    Tattoo service.

R.    Tow truck services.

S.    Veterinary uses (including boarding).

T.    Welding service (office only). (Ord. 473 §3, 2007)