Chapter 17.66
HOME OCCUPATIONS

Sections:

17.66.010    Purpose and intent.

17.66.020    Permit required.

17.66.030    Home occupations minimum standards.

17.66.040    Permitted uses.

17.66.050    Prohibited uses.

17.66.060    Exemptions.

17.66.070    Administration.

17.66.080    Revocation of permit.

17.66.090    Violation – Penalty.

17.66.010 Purpose and intent.

A. The city of East Wenatchee recognizes the desire and/or need of some citizens to use their residence for business purposes. The purpose of this chapter is to allow for limited business activities within residences while ensuring that all such businesses remain incidental to the residential use of the property, and that the residential viability of the dwelling is maintained. These regulations recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood. It is the intent of this chapter to:

1. Provide special regulations to ensure that home occupations will not be detrimental to the character and livability of the surrounding properties and to maintain and preserve the character of residential neighborhoods;

2. Ensure that home occupations are compatible with other uses permitted in the residential districts;

3. Provide flexibility for residents to use their homes as their workplace and encourage creativity in careers by permitting home occupations.

B. This chapter describes the criteria and conditions to be met in obtaining a home occupation permit. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.020 Permit required.

A. Applicability. All home occupations shall be operated in accordance with the provisions of this chapter. A home occupation permit is required for all home occupations except those occupations exempted in this chapter.

B. Transferability. A home occupation permit is not transferable to another person, entity or business and is valid only for the use and property listed on the permit.

C. City Business License. Any person operating a home occupation shall also register with the city clerk and obtain a city business license in accordance with Chapter 5.04 EWMC, including all future amendments. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.030 Home occupations minimum standards.

All home occupations must meet the following minimum conditions:

A. The use of the dwelling and site for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The dwelling and site must remain residential in appearance and character;

B. The home occupation shall be fully enclosed within the primary residential structure or a detached accessory structure with not more than 25 percent of the gross floor area of the structure housing the home occupation being used for conducting the home occupation or 500 square feet of total floor area, whichever is less;

C. The use of an attached or detached accessory structure for the home occupation shall not cause the property to be out of compliance with the on-site parking and storage requirements of Chapter 15.38 EWMC or EWMC 17.72.010, including all future amendments;

D. Only one home occupation may be operated on sites where an accessory dwelling unit exists;

E. No home occupation shall serve as headquarters or dispatch center where employees come to the site and are dispatched to other locations;

F. There is no alteration to the interior or exterior of the structure which changes its residential character;

G. The site must be the primary residence of the person conducting the home occupation. No persons other than immediate residents of the structure and one nonresident individual may be employed in the home occupation;

H. There shall be no exterior or window displays, storage of materials, or sample commodities displayed outside of the building housing the home occupation except that horticulture and floriculture products grown on the premises may be displayed outdoors;

I. There shall be no stock stored nor commodities kept for sale on the premises which is not necessary to the profession or craft. Retail or wholesale sales are limited to products created in the course of the home occupation or incidental items associated with the home occupation such as hair care products in beauty salons, sheet music offered by an instructor, implements for knitting, and other similar items;

J. There is no use of electrical or mechanical equipment which would change the fire rating of the structure or which would create visible or audible interference in radio or television receivers or which would cause fluctuations in line voltage outside the dwelling;

K. There is no noise, vibration, smoke, dust, odor, heat or glare produced by the business which would exceed that normally associated with a dwelling;

L. No materials or commodities shall be delivered to or from the home occupation which are of such bulk or quantity as to require delivery by a commercial vehicle or trailer having more than a single axle;

M. No parking shall be allowed beyond that normal to a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation. The home occupation shall not displace or impede the use of required parking spaces for the residences existing on the site;

N. Vehicles larger than 10,000 pounds gross weight may not be operated from the premises and may not be parked on the property or adjacent streets;

O. The hours of operation for uses involving nonresident employees and the delivery of materials shall be limited to between 7:00 a.m. and 9:00 p.m., Monday through Saturday;

P. The home occupation must comply with all applicable city building and fire safety regulations and any requirements of other permitting agencies; and

Q. Such use shall conform to all other requirements specified in this chapter as well as any special conditions imposed on the home occupation by either the city’s code compliance officer or the fire marshal, as appropriate. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.040 Permitted uses.

A. Home occupations may include, but are not necessarily limited to, the following:

1. Workrooms for dressmaking, seamstresses and tailors;

2. Studios for artists, sculptors, authors, and composers;

3. Schools and studios for group instruction of no more than 12 students per class;

4. Personal and professional offices subject to the following limitations:

a. Services to clients shall be arranged through appointment so that only two persons per service provider are on the premises at any given time; and

b. In addition to parking required for the residents, there are no more than two vehicles parked on or in the vicinity of the property as a result of the business at any one time;

5. Home crafts, such as model making, rug weaving, lapidary work and cabinet making;

6. Repair shop for household items such as small appliances, computers, and similar small electronic devices;

7. Computer-based services such as programming, web design, or other graphics;

8. Pet grooming services;

9. Sale of produce raised on the premises if three or more sale events are conducted per year; and

10. Classes for home cooking and preserving, catering, and home cooking and preserving for the purpose of selling the product.

B. Additional permitted uses may be allowed which meet the intent of this chapter, if not specifically prohibited by EWMC 17.66.050. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.050 Prohibited uses.

The following uses are deemed to be prohibited:

A. Clinics or hospitals;

B. Adult entertainment facilities;

C. Mortuaries or funeral homes;

D. Commercial print shops;

E. Rental of trailers;

F. Restaurants and cafes;

G. Veterinary clinics or hospitals, stables or kennels;

H. Painting, detailing, service or repair of any vehicle, including recreational vehicles and water craft;

I. Retail sales of goods not made on the premises, except as provided in EWMC 17.66.030(I);

J. Outdoor storage of building or construction materials not intended for immediate use in or on the premises;

K. Marijuana production, marijuana processing, marijuana retailer, and medical cannabis cooperatives;

L. Cryptocurrency mining; and

M. All other uses which do not comply with the intent of this chapter or the standards set forth in EWMC 17.66.030 and 17.66.060, or the definition of a home occupation set forth in EWMC 17.08.320. (Ord. 19-19 § 9, 2019; Ord. 18-14 § 1, 2018; Ord. 15-14 § 4, 2015; Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.060 Exemptions.

The following activities are not required to obtain a home occupation permit; however, a city business license may be required:

A. Family child care services for the care of 12 or fewer children, including children who reside at the home;

B. Adult family home;

C. After hours paperwork performed by residents who have a primary office elsewhere;

D. A person employed by an off-site firm or business and only using their home for telecommuting purposes;

E. Services or activities that are not performed at the residence of the person conducting the activity, such as parties for sale of items such as Tupperware, Mary Kay, etc., and similar services;

F. Temporary or seasonal home boutiques or bazaars for the sale of handcrafted items which do not exceed five days in duration or do not operate for more than 10 days in any calendar year;

G. Office facility of a minister, rabbi or priest within the home of the individual;

H. Offices for telephone, Internet, or mail order sales within the home of the individual where no goods are processed, fabricated, delivered to or dispatched from the site;

I. Offices for the owner of a business that is conducted at a site other than where the office is located such as construction contractors, lawn care services, window washing, janitorial services, any type of mobile service where the services are not provided at the residence of the provider, and other similar activities when the only activity on site is administrative in nature such as scheduling, billing, and accounting for the business;

J. Sale of produce raised on the premises if less than three sale events are conducted per year. The site must be the primary residence of the person conducting the sale;

K. Newspaper delivery; and

L. Garage and yard sales as long as the sale event does not continue for more than three consecutive days in any calendar month and such sale events are held no more than three times per calendar year. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.070 Administration.

This chapter shall be administered as follows:

A. Any person or party wishing to establish a home occupation shall submit an application to the community development department on forms prepared by the department.

B. Home occupation permits shall be subject to payment of a permit fee as established by resolution of the city council.

C. The administrator or designee may issue a permit for a home occupation; provided, that the conditions set forth in EWMC 17.66.030 are met, along with any other conditions that the administrator may deem necessary to minimize potential impacts to neighboring properties.

D. All home occupation permit applications shall be approved or denied within 15 calendar days of the filing of the permit application and payment of the permit fee.

E. All permit applications shall be processed according to the provisions of EWMC Title 19 and Chapter 17.64 EWMC, including all future amendments.

F. If a home occupation permit application is denied, the applicant shall have the right to appeal the decision as provided in Chapter 19.06 EWMC, including all future amendments. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.080 Revocation of permit.

A permit issued under this chapter to conduct a home occupation is revocable upon a determination by the administrator that there has been a violation of any condition imposed by this chapter on the home occupation.

A. If an alleged violation occurs, a written notice describing the violation and the corrective measures that must be taken shall be mailed by the administrator to the permit holder. The permit holder shall, within 15 calendar days of the mailing of the notice of violation, comply with all of the conditions imposed by the notice or show cause why the conditions cannot be met or why the permit should not be revoked.

B. Upon revocation of the permit, a written notice of the revocation shall be sent by certified mail by the administrator to the permit holder together with a written statement of findings upon which the revocation is based and notice of the appeal procedures.

C. Appeal of the revocation of a permit shall follow the same procedures set forth in Chapter 19.06 EWMC, including all future amendments. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)

17.66.090 Violation – Penalty.

A. Any person who violates any of the provisions of this chapter or any order or decision of the city entered pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set out in EWMC 1.20.010 as presently enacted or hereafter amended.

B. The instigation of misdemeanor proceedings in accordance with subsection A of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions or compliance with this chapter. (Ord. 13-04 § 13, 2013; Ord. 92-10 § 3 Exh. A, 1992)