Chapter 17.12
HOME OCCUPATION BUSINESS LICENSE REGULATIONS
Sections:
17.12.030 Home occupation license required.
17.12.050 Performance criteria.
17.12.060 Procedure for home occupation business license applications.
17.12.070 Home occupation business license time limit – Nontransferability.
17.12.080 Home occupation business license renewal.
17.12.100 Home occupation business license revocation.
17.12.010 Purpose.
The purpose of this chapter is to:
A. Protect residential areas from adverse impacts of activities associated with home occupations;
B. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income;
C. Establish criteria and development standards for home occupations conducted in dwelling units and certain accessory buildings in zones where residential dwelling units are allowed. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.M § 8.1, 1991)
17.12.020 Definitions.
“Employee” means:
1. In a sole proprietorship, any individual hired by the proprietor to work for and in the business in any capacity;
2. In a partnership, any individual engaged in the conduct of the business, except one partner;
3. In a corporation, all persons engaged in the course of business, including corporate officers and those hired by the corporation as workers of any kind.
4. For the purposes of this chapter, the definition of “employee” does not include a resident provider, resident entity representative, resident manager, or resident caregiver of an adult family home, group home, or family daycare provider.
“Full-time basis,” for the purposes of this chapter, means an employee working forty or more hours per week at the location of the home occupation.
“Home agriculture business,” for the purposes of this chapter, means use of a property to cultivate, harvest, and/or process crops and living plants for sale in conjunction with an approved home occupation business license. The definition of “home agriculture business” expressly does not include the cultivation, harvesting, and/or processing of crops or living plants that would require a license from the Washington State Liquor and Cannabis Board or that are illegal under federal law.
“Home occupation” means an occupation or business activity which:
1. Results in a product or service that is conducted in whole or in part in the dwelling unit (including a garage or workshop in the dwelling unit) or in an accessory building or outdoor spaces on the same lot as the dwelling unit; and
2. Is clearly subordinate to the residential use of the dwelling unit.
A home occupation does not include garage sales, yard sales, bake sales and similar activities, as long as they do not occur more than three times a year on the lot that contains the dwelling unit. A home occupation also does not include short term rentals, as defined in BMC 17.04.040. (Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 457 § 2, 2018: Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.M § 8.2, 1991)
17.12.030 Home occupation license required.
All home occupations must have a home occupation business license, which must be issued and renewed annually in accordance with this chapter and Chapter 5.04 BMC, to the extent Chapter 5.04 BMC is consistent with this chapter. All applications for a business license and all applications for business license renewal must be submitted through the Business Licensing Service as prescribed in Chapter 5.04 BMC, but will be reviewed and approved by the city clerk in accordance with this chapter. In addition, all home occupations must be in compliance with all applicable provisions of the Brier Municipal Code. Any additional required permits for the home occupation, such as a building permit, a land disturbing activity permit, etc., must either be obtained prior to the issuance of the initial home occupation license under this chapter and Chapter 5.04 BMC or the issuance of the home occupation permit may be conditioned upon the applicant obtaining such permits prior to starting business. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.W § 5, 2001: Ord. 20.M § 8.3, 1991)
17.12.040 Fees designated.
The home occupation business license fees, and renewal business license fees, shall be established by the city council pursuant to Chapter 3.04 BMC as amended from time to time. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012)
17.12.050 Performance criteria.
A. Home occupations shall be permitted in single-family residential zoning districts, provided they meet all of the following criteria:
1. The home occupation shall utilize no more than twenty-five percent of the square footage of the dwelling unit on the subject lot or one thousand two hundred fifty square feet, whichever is less. If the home occupation is located in an accessory building, as defined by BMC 17.04.040(A), the allowed floor area devoted to the home occupation shall be based upon the square footage of the dwelling unit. For home occupations using both the dwelling unit and an accessory building, the combined square footage shall be limited to no more than twenty-five percent of the dwelling unit or one thousand two hundred fifty square feet, whichever is less. Home occupations in accessory buildings requiring a larger floor area shall require city council approval and shall not exceed ten percent of the lot size.
For family daycare providers, adult family homes, and group homes, the floor area for the home occupation shall include only the floor area used for performing the paperwork for the operation.
The exterior component of a home agriculture business shall be limited to fifty percent of the lot size. All business activities including compost stations, storage, etc., shall be located a minimum of seven feet from the property line. Depending on the scope of the use and its impacts, the use may be subject to compliance with the city’s stormwater code (Chapter 14.04 BMC), critical areas (BMC Title 18), land disturbing activities code (Chapter 19.24 BMC), landscaping standards (Chapter 17.50 BMC), and tree protection (Chapter 17.52 BMC). The use may be conditioned to mitigate impacts, including requiring stormwater control or mitigation measures, and, for home agricultural businesses, requiring restoration of the property when the agricultural business is no longer in operation or otherwise licensed under this chapter, such as stabilization or installation of landscaping in accordance with Chapter 17.50 BMC.
2. The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes.
3. The home occupation must be carried on by permanent occupant(s) of the dwelling unit with not more than three nonresident persons being employed on a full-time basis or the equivalent of full-time hours. Persons engaged in building trades or similar fields using the property as an office for business activities carried out off the premises may have more employees if such employees do not work on the premises.
4. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products to the public, except that retail sales may be made in conjunction with other permitted home occupations.
Products may be sold over the internet or by appointment provided the pickups and deliveries do not exceed the number of trips allowed in BMC 17.12.050(A)(9).
Home agriculture businesses may produce products to sell at other locations such as farmers markets; subscriptions for delivery; or by pickup at the property by appointment provided the traffic does not exceed the average number of trips allowed in BMC 17.12.050(A)(9).
5. The property at which the home occupation is located shall be residential in character with activities and storage contained within the dwelling unit or an accessory building, except for outdoor play areas required for family daycare providers per Chapter 110-300 WAC and planting beds for home agriculture businesses.
6. The home occupation and activities associated with such home occupation shall be visually buffered from adjacent land uses. Fencing and/or landscaping may be required by the director or city council, as applicable, to mitigate the impacts of the home occupation on adjacent land uses.
7. There shall be no externally visible storage of business materials, except plants and items incidental to home agricultural businesses and outdoor play areas for family daycare providers per Chapter 110-300 WAC.
8. Electrical or mechanical equipment or processes that create visible or audible interference in radio or television receivers or fluctuations in line voltage outside the dwelling unit or outside a detached garage or workshop that contains the home occupation, or which create a hazard or nuisance such as noise, vibration, dust, heat, odors, glare, fumes or fire hazards, shall be prohibited.
9. The home occupation shall not generate significantly greater traffic volume than would normally be associated with residential use and shall not create a nuisance to the neighborhood. Visits from customers, clients, pickups, or deliveries associated with the business shall not exceed an average of one vehicle per hour during the hours of operation allowed in BMC 17.12.050(A)(12). The city council may establish additional conditions for properties where increased traffic would create neighborhood impacts. For family daycare providers, no more than two additional trips per day per child who does not reside at the dwelling unit shall be permitted. Drop-off and pick-up times shall be staggered to the maximum extent practicable to minimize the impact to adjacent streets and properties.
10. A minimum of one improved off-street parking space shall be provided for customers. An improved off-street parking space shall be provided for each nonresident employee parking a personal vehicle at the home occupation. Trailers and work vehicles must be stored on an improved space as per Chapter 17.48 BMC.
11. No internal or external alterations involving a change in the fire rating of the structure shall be permitted.
12. The hours of operation for any home occupation shall be within the following time periods: seven a.m. to eight p.m., Mondays through Fridays and nine a.m. to six p.m., Saturdays. Family daycare providers may commence operation as early as six a.m.; however, no outdoor play shall be permitted before seven a.m. Adult education classes shall be required to terminate by nine-thirty p.m. Work associated with a home occupation that is not detectable from outside the home (for example, that involves writing only) is exempt from the foregoing hour limitations.
13. Adult education classes shall be held no more frequently than fifteen times per month in order to be considered a home occupation. Classes that meet more frequently than three times in any seven-day period shall be subject to conditional use permit requirements as described in BMC 17.36.050.
14. The home occupation shall not result in significant adverse impacts to adjacent land uses.
15. One sign shall be allowed, which shall not exceed six square feet, shall not be illuminated, and shall comply with the sign ordinance of the city. A sketch of the proposed sign shall accompany the home occupation business license application.
16. All home occupations shall be subject to inspection, pursuant to Chapter 5.04 BMC.
17. The home occupation shall comply with all the requirements of the city’s nuisance and noise ordinances.
18. If two or more home occupations shall operate on one property, the combined home occupations shall comply with the foregoing performance standards.
B. Conditions. The city may impose additional conditions to mitigate any potential adverse impacts of the home occupation to the adjacent land uses and/or to ensure that the use complies with the Brier Municipal Code. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 350 § 1, 2007: Ord. 343 § 1(part), 2007; Ord. 20.M § 8.4, 1991. Formerly 17.12.040)
17.12.060 Procedure for home occupation business license applications.
A. In addition to the submittal requirements of BMC 5.04.040(A), the home occupation business license applicant must also provide directly to the city the following information for review:
1. A written statement describing in sufficient detail the nature of the home occupation and impacts to adjacent land uses;
2. A written statement fully addressing how the proposed home occupation satisfies each of the decision criteria in BMC 17.12.050;
3. A site plan which is shown at scale and that shows improved parking spaces and all outdoor areas such as planting areas designated for the home occupation, including additional impervious surface, total area of disturbed land, and any new or additions to structures on the lot;
4. A floor plan for the dwelling unit and any accessory buildings proposed for use as a home occupation showing:
a. The floor area of the total dwelling unit and any accessory buildings proposed for use;
b. The square footage of the lot if any outdoor space is proposed for the home occupation and the square footage and location of the area devoted to the home occupation.
5. If the applicant is other than the property owner, the property owner shall sign an acknowledgment that the property owner concurs in and authorizes the application;
6. A list of any other applicable permits required for the use (i.e., building permit, land disturbing activity permit, etc.) with references sufficient to describe those application(s); and
7. For a proposed home occupation that is subject to city council review, the application shall contain the names and addresses of the owners of property within three hundred feet of the home occupation property, together with stamped and addressed legal size envelopes (with no return address) for each of such property owners.
B. Upon review of a complete home occupation business license application and completion of any inspection per BMC 5.04.110, the director shall take one of the following actions:
1. Forward the application to city council for decision pursuant to subsection C of this section if the home occupation would result in any of the following:
a. Customers and/or employees, as defined in BMC 17.12.020, coming to the premises;
b. Commercial deliveries to or from the premises in excess of the number of trips allowed under BMC 17.12.050(A)(9) per week;
c. Manufacturing with machinery that does not meet the requirements of BMC 17.12.050(A)(8);
d. Storage of equipment or supplies outside of a structure;
e. Recurring noise that does not meet the requirements of BMC 17.12.050(A)(8);
f. Structural modifications;
g. Use of the exterior for home agriculture businesses; or
h. Use of additional floor area in a detached structure in excess of BMC 17.12.050(A)(1).
2. Approve the application;
3. Approve the application with conditions necessary to ensure compliance with this chapter and with other applicable provisions of the Brier Municipal Code;
4. Request additional information regarding the type and nature of the proposed business or the responsible party; or
5. Deny the application as provided in BMC 5.04.040(C).
C. New home occupation business license applications that do not qualify for administrative review per subsection B of this section shall be reviewed by the city council using the following procedures:
1. The city council shall hold a quasi-judicial open record public hearing on the application.
2. Notice of City Council Hearing. After city staff completes the report on the application, the city clerk shall set a date for the public hearing and provide notice of the public hearing. The notice of the public hearing shall contain the following information:
a. A statement of the nature of the home occupation permit application;
b. The date, hour and location of the hearing; and
c. A vicinity sketch and a nonlegal description of the location of the subject property.
The city clerk or designee shall post the notice at the official posting locations of the city not less than ten days prior to the date of the public hearing. The city clerk or designee shall publish the notice in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The mayor or designee shall send the notice by regular U.S. mail to the owners of property as shown on the records of the county assessor within three hundred feet of the subject property. The mayor or designee shall post the notice in a conspicuous place on each side of the subject property that is adjacent to an improved public right-of-way, or if there is no improved public right-of-way adjacent to the property, on the side of the property that is most visible to the public.
If for any reason the public hearing before the city council cannot be completed on the date set for the hearing, the city council may continue the hearing to a designated time and location. Notice of the continued hearing shall be given pursuant to the requirements of RCW 42.30.090 and 42.30.100.
3. At the hearing, the city council shall take testimony from the applicant and the applicant’s witnesses, all persons supporting or opposing the application and city staff and consultants regarding the application and the proposed home occupation.
4. Following the conclusion of the hearing, the city council shall make a final determination on the application, and may:
a. Approve the application;
b. Approve the application with conditions necessary to ensure compliance with this chapter; or
c. Deny the application as provided in BMC 5.04.040(C).
D. Upon approval of an application and verification that all improvements and/or measures required by the city council are in place, the city clerk shall issue the license and deliver it to the applicant. Upon denial of the application, the city clerk shall notify the applicant that the application has been denied.
E. Reapplication. If the city council denies a home occupation application, the city shall not accept an application for the same proposal on the subject property within six months from the date of entry of the decision; provided, that the mayor or designee may authorize the processing of an application for a home occupation permit if the applicant demonstrates that changed conditions on the subject property or surrounding property justify the reapplication prior to the six-month period.
F. Appeals. Any appeal of the decisions under this chapter shall be in accordance with BMC 1.20.040. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 435 § 3 (part), 2016; Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 343 § 1(part), 2007; Ord. 20.W §§ 6, 7, 2001; Ord. 20.M § 8.5, 1991. Formerly 17.12.050)
17.12.070 Home occupation business license time limit – Nontransferability.
All home occupation business licenses shall be valid for a period of one year, unless otherwise provided for in this chapter or Chapter 5.04 BMC. Such licenses may be renewed in compliance with BMC 17.12.080. Any change in the owner or operator of the residence in which a home occupation is conducted, whether by conveyance, under will or inheritance, by assignment or other transfer in whole or in part, or change in business location, shall require application for a new business license. A new application must also be submitted when a business that originally received administrative approval changes its operations such that it now no longer meets the requirements for administrative review under BMC 17.12.060(B), but instead must be reviewed and approved by the city council under BMC 17.12.060(C). For example, if employees or customers begin coming to the property or the applicant proposes to expand an existing home agriculture business beyond what was approved on the original site plan. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)
17.12.080 Home occupation business license renewal.
Home occupation business license renewal shall be processed pursuant to BMC 5.04.140. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)
17.12.090 Inspection.
Inspections shall be conducted pursuant to BMC 5.04.110. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)
17.12.095 Enforcement.
Violations of this chapter shall be enforced pursuant to BMC 5.04.160. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)
17.12.100 Home occupation business license revocation.
Revocations of a home occupation business license shall be conducted pursuant to BMC 5.04.100. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)