Chapter 18.93

18.93.010    Findings of fact.

18.93.020    Statement of purpose.

18.93.030    Definition.

18.93.040    Performance standards.

18.93.050    Exemptions.

18.93.060    Prohibited uses.

18.93.070    Fees.

18.93.080    Violation and penalties.

18.93.010 Findings of fact.

Home occupations provide the following benefits:

(a)    Support opportunities for alternative employment forms that are nurturing to a family environment by allowing one or both parents to remain home during the day;

(b)    Increase the number of people at home during the day, which improves neighborhood safety;

(c)    Act as incubators for small business, which leads to increased commercial activity as businesses grow; and

(d)    Encourage telecommuting, thereby minimizing traffic congestion and air pollution. (Ord. 1241 (part), 1998).

18.93.020 Statement of purpose.

It is the purpose of this section to recognize the home as a viable location for some occupations and to ensure the compatibility of home occupations with the surrounding neighborhood. (Ord. 1241 (part), 1998).

18.93.030 Definition.

"Home occupation" means any accessory use conducted within a dwelling, accessory building or private recreation area (such as a pool or tennis court or yard area), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential zone of which it is a part. (Ord. 1241 (part), 1998).

18.93.040 Performance standards.

No business registration (license) shall be granted for any home occupation business located in any residential zone, or in any residence, unless the conduct and operation of the proposed business meets each of the following criteria listed below. Home occupation business license applications will be reviewed by the city for consistency with each of the following performance criteria:

(a)    Business License Requirement. Each home occupation must have and maintain a valid business license.

(b)    Accessory Use Only. The use of the dwelling for home occupations shall be clearly incidental and subordinate to its use for residential purposes. There shall be no outward appearance of the home occupation. The home occupation may be conducted in the principal dwelling or accessory structures on the subject property; provided, that the area does not exceed twenty-five percent of the total livable area or five hundred square feet (including inside storage areas), whichever is less.

(c)    Structural or Design Modifications. There shall be no external alteration of appearance to the dwelling or accessory structure in which the home occupation is conducted which would indicate a business use. Garage conversions are prohibited.

(d)    Number of Home Occupations. In no case shall more than two home occupations be conducted on a single site, and where there are two permitted, the limitations of this chapter shall apply to the combined uses.

(e)    Owner Approval. Renters must obtain written approval of the property owner prior to operating a home occupation. This written approval shall be submitted with the business license application. The home occupation business shall terminate upon withdrawal of said approval by the property owner.

(f)    Employees. Only the actual residents of the dwelling unit shall engage in the home occupation.

(g)    Clients/Patrons. The combined number of clients/patrons that can attend the residence is limited to no more than one per hour, or with a maximum of six per day.

(h)    Hours of Operation. Home occupations shall be conducted primarily between the hours of eight a.m. to eight p.m. No patrons shall be received outside of these hours.

(i)    Number of Vehicles. Vehicles related to the home occupation shall be restricted to standard noncommercial cars, trucks, and vans (one ton or less).

(j)    Advertising on Vehicles. Not more than one vehicle advertising a home occupation shall be permitted.

(k)    Deliveries. Deliveries other than standard parcel services are prohibited entirely as incompatible within residential district zones.

(l)    Signs. Signs shall be prohibited in association with home occupations.

(m)    Storage. Storage shall not be visible. Outside storage must be enclosed within a building. Storage must comply with the requirements of the zone district and the current edition of the Uniform Building Code and Uniform Fire Code.

(n)    Showrooms. "Showrooms" or other display arrangements shall be prohibited.

(o)    Equipment. No mechanical equipment shall be used that creates visible or audible interference in line voltage outside the dwelling unit or that creates noise, odor, glare, smoke, dust or hazardous conditions not normally associated with residential uses.

(p)    Health Hazards. No home occupation shall be detrimental to the public health, safety or welfare. Such prohibited uses include those which involve the use of hazardous materials and uses which entail the harboring, training, or raising of animals.

(q)    Nuisances. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odor, electrical interference, visual blight, and/or other condition which constitutes a nuisance. Each home occupation request shall be reviewed by the city to ensure compatibility with the residential zone in which it will be located.

(r)    Access for Inspection Purposes. The city may, at all reasonable times during regular business hours, enter the premises for the purpose of inspection to determine whether or not the home occupation is in compliance with the conditions of this section.

(s)    Other Applicable Regulations. Home occupations shall comply with provisions of health code requirements, the Americans with Disabilities Act of 1990, relevant uniform building codes, applicable regulations of the Alcohol, Tobacco, and Firearms Division of the Federal Department of Treasury, and all other applicable federal, state, or local regulations. (Ord. 1241 (part), 1998).

18.93.050 Exemptions.

Day care facilities for twelve or less persons shall be exempted from this section. Home occupation licensing is not required for these uses which are governed by preemptive state law. (Ord. 1241 (part), 1998).

18.93.060 Prohibited uses.

A home shall not be used for the following: (1) the use of hazardous materials of a type or quantity not normally associated with residential uses; (2) uses which entail the harboring, training, or raising of animals; (3) fortune-telling, tattoo parlors, and massage parlors; (4) automobile related activities, including auto repair except for personal vehicles; (5) funeral homes; and (6) small engine repair, including lawn mowers and chainsaws. (Ord. 1241 (part), 1998).

18.93.070 Fees.

Applicants for new or renewed home occupation business licenses shall pay all appropriate fees pursuant to the city fee schedule. (Ord. 1241 (part), 1998).

18.93.080 Violation and penalties.

Any violation of the provisions of this chapter shall be subject to enforcement under the applicable provisions of this code. (Ord. 1241 (part), 1998).