Chapter 18.73
ACCESSORY DWELLING UNITS, HOME OCCUPATION, HOME INDUSTRY

Sections:

18.73.100    Accessory dwelling units.

18.73.110    Home occupation.

18.73.120    Home industry.

18.73.100 Accessory dwelling units.

A. Only one accessory dwelling is allowed per primary single detached dwelling unit;

B. An accessory dwelling unit is allowed only in the same building as the primary dwelling unit on a lot that is less than 10,000 square feet in area, or on a lot containing more than one primary dwelling;

C. The primary dwelling unit or the accessory dwelling unit shall be owner occupied;

D.1. If the accessory dwelling unit is attached to the primary dwelling unit, then the dwelling units shall not exceed a floor area of 1,000 square feet or 50 percent of the living area of the primary residence, whichever is greater; and

2. When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building;

3. If the accessory dwelling unit is detached from the primary residence, then the accessory dwelling unit may be 10 percent of the lot size, or 50 percent of the primary dwelling unit, whichever is less;

E. One additional off-street parking space shall be provided;

F. The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied;

G. An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department with the records and elections division which identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules;

H. The total number of occupants in the principal dwelling unit and the accessory dwelling unit combined shall not exceed the maximum number established for a single-family dwelling as defined in KMC 18.20.1010. [Ord. 11-0329 § 3 (Exh. 1).]

18.73.110 Home occupation.

Residents of a dwelling unit may conduct one or more home occupations as accessory activities, provided:

A. The total area devoted to all home occupation(s) shall not exceed 20 percent of the floor area of the dwelling unit. Areas with attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation;

B. In residential zones, all the activities of the home occupation(s) shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation(s);

C. No more than one nonresident shall be employed by the home occupation(s);

D. The following activities shall be prohibited in residential zones only:

1. Automobile, truck and heavy equipment repair;

2. Autobody work or painting;

3. Parking and storage of heavy equipment; and

4. Storage of building materials for use on other properties;

E. In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

1. One stall for a nonresident employed by the home occupation(s); and

2. One stall for patrons when services are rendered on site.

3. For specialized instruction schools, the number of stalls shall be as required by Chapter 18.40 KMC;

F. Sales shall be limited to:

1. Mail order sales; and

2. Telephone sales with off-site delivery;

G. Specialized instruction schools shall be limited to:

1. Twelve students per one-hour session;

2. Structures used for the school shall maintain a distance of 25 feet from property lines adjoining residential zones;

H. Services to patrons shall be arranged by appointment or provided off site;

I. The home occupation(s) may use or store a vehicle for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

1. No more than one such vehicle shall be allowed;

2. Such vehicle shall not park within any required setback areas of the lot or on adjacent streets; and

3. Such vehicle shall not exceed a weight capacity of one ton;

J. The home occupation(s) shall not use electrical or mechanical equipment that results in:

1. A change to the occupancy type of the structure(s) used for the home occupation(s);

2. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

3. Fluctuations in line voltage off-premises; and

K. Uses not allowed as home occupations may be allowed as a home industry pursuant to this chapter. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

18.73.120 Home industry.

In all zones except R-12, R-18, R-24, CB Juanita subarea, and NB, a resident may establish a home industry as an accessory activity, provided:

A. In the R-1, R-4 and R-6 zones, a conditional use permit is obtained;

B. The site area shall be no less than one acre;

C. The area of the home industry shall not exceed 50 percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home occupation;

D. No more than four nonresidents shall be employed in a home industry;

E. In addition to required parking for the dwelling unit, on-site parking shall be provided as follows:

1. One stall for each nonresident employee of the home industry; and

2. One stall for customer parking;

F. Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per:

1. One thousand square feet of building floor area; and

2. Two thousand square feet of outdoor work or storage area;

G. Sales shall be limited to items produced on site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques;

H. Ten feet of Type I landscaping shall be provided around portions of parking and outside storage areas which are otherwise visible from adjacent properties or public rights-of-way; and

I. The city manager shall ensure compatibility of the home industry by:

1. Limiting the type and size of equipment used by the home industry to those which are compatible with the surrounding neighborhood;

2. Providing for setbacks or screening as needed to protect adjacent residential properties;

3. Specifying hours of operation;

4. Determining acceptable levels of outdoor lighting; and

5. Requiring sound level tests for activities determined to produce sound levels which may be excessive. [Ord. 18-0454 § 2 (Exh. 1); Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]