Chapter 19.36


19.36.010    Purpose and intent.

19.36.015    Permitted uses.

19.36.017    Prohibited uses.

19.36.020    Standards.

19.36.030    Enforcement and complaint procedures.

19.36.040    Repealed.

19.36.050    Repealed.

19.36.010 Purpose and intent.

The purpose of this section is to allow limited commercial activity incidental to the residential use of a dwelling unit while ensuring all residents freedom from excessive noise and traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential neighborhoods. It is the intent of this title that full-scale commercial or professional operations, which would ordinarily be conducted in a commercial or industrial district, continue to be conducted in such districts and not in a residential zone. (Ord. 2415 § 1, 2009; Ord. 2174 § 1, 2003).

19.36.015 Permitted uses.

A. Home occupation includes, but is not necessarily limited to, the following:

1. Dressmaking, seamstresses, tailors;

2. Artists and sculptors;

3. Authors and composers;

4. Resident-owned and -operated beauty and/or barbershops;

5. Crafts, such as model-making, rug weaving; lapidary work and cabinet making;

6. Office facility of a minister, rabbi or priest;

7. Office facility of a salesman, sales representative or manufacturer’s representative;

8. Office facility of a professional;

9. Repair shop for household items;

10. Telephone answering or soliciting;

11. Computer programming and small-scale repair;

12. Home cooking and preserving;

13. Arts instruction (not more than eight students at one time);

14. Retail per the requirements of EMC 19.36.020.

B. Additional uses which meet the intent of this chapter may be allowed by administrative interpretation if not specifically prohibited by EMC 19.36.017. (Ord. 2415 § 2, 2009).

19.36.017 Prohibited uses.

Those uses identified or described in this section are prohibited, including but not limited to:

A. Clinics or hospitals;

B. Mortuaries or funeral homes;

C. Commercial print shops;

D. Rental of trailers or recreational vehicles;

E. Restaurants or cafes;

F. Stables or kennels;

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

H. Repair, building, painting or servicing of vehicles or boats;

I. Large appliance repair including stoves, refrigerators, washers and dryers;

J. Machine and sheet metal shops;

K. Martial arts school; dance or aerobics studio;

L. Small engine repair;

M. Retail per the requirements of EMC 19.36.020;

N. Uses which may include hazardous chemicals or other items which may potentially be hazardous to the surrounding area as determined by the city police or fire departments;

O. Any other use that the administrator believes presents a danger to the community or would not be in keeping with a residential environment. (Ord. 2415 § 2, 2009).

19.36.020 Standards.

A. Applicability. Home occupations are allowed as an accessory use to the residential use of a single-family, multifamily or accessory dwelling unit, subject to the requirements of this chapter.

B. Residency and Employees.

1. The number of on-site employees involved with a home occupation shall be limited to residents of the dwelling plus one nonresident employee.

2. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home occupation site.

3. The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.

C. Standards for Home Occupations. A home occupation may be conducted if:

1. There is no display that will indicate from the exterior that the building is being used in whole or in part for any purpose other than a dwelling, except for one nonilluminated business nameplate not over four square feet in area;

2. There is no outside storage of materials;

3. The building retains the external characteristics of a residence;

4. The use does not impact the residential character of the neighborhood;

5. Retail Sales Limited. Retail sales on premises shall be prohibited except for:

a. The sales of merchandise, products, supplies or goods produced or fabricated on the premises as a result of the home occupation (example: a dressmaker would be permitted to sell only clothing produced or fabricated on site and would not be allowed to purchase stocks of dresses for sale to the general public on site); and

b. Incidental retail sales of supplies necessary for the conduct of the home occupation (example: a home occupation beauty parlor would be allowed to sell combs, hair spray and other miscellaneous items to customers);

6. There are no on-site activities that involve the use of heavy equipment, power tools, hazardous or flammable materials, or other equipment or materials that result in noise, vibration, smoke, dust, odors, heat, traffic, parking or other conditions that exceed, in duration or intensity, such conditions normally produced by a residential use;

7. The home occupation will not generate excessive traffic or necessitate excessive parking. (Ord. 2415 § 1, 2009; Ord. 2174 § 1, 2003).

19.36.030 Enforcement and complaint procedures.

A. Enforcement. Upon determination that there has been a violation of any provision of this chapter, the city may pursue code enforcement in accordance with the provisions of Chapter 15.12 EMC, Enforcement.

B. Complaints. Complaints regarding matters listed in EMC 19.36.020 will be handled by the administrator. Complaints will be dealt with as follows:

1. Upon receipt of one written complaint from an affected household, the administrator shall review home occupations for compliance with applicable regulations. The complaints shall set forth the nature of the objection.

2. Such complaints shall be investigated by city staff and results of the investigation shall be reported to the administrator.

3. Standards for judging objections include:

a. Generation of excessive traffic;

b. Monopoly of on-street parking spaces;

c. Frequent deliveries and pick-ups by motor freight trucks;

d. Noise in excess of that created by normal residential use (either in terms of volume or hours of occurrence);

e. Smoke, fumes or odors in excess of those created by normal residential use;

f. Other offensive activities not in harmony with a residential neighborhood;

g. Any violation of the terms and conditions of the home occupation permit issued. (Ord. 2415 § 1, 2009; Ord. 2174 § 1, 2003).

19.36.040 Action by planning commission.

Repealed by 2415. (Ord. 2174 § 1, 2003).

19.36.050 Appeals.

Repealed by 2415. (Ord. 2174 § 1, 2003).