Chapter 18.29


18.29.010    Purpose and intent.

18.29.020    Definition.

18.29.030    Permitted home occupations.

18.29.040    Conditional use permits.

18.29.050    Exemptions.

18.29.060    Prohibited home occupations.

18.29.070    Performance standards.

18.29.080    Pre-existing home occupations.

18.29.090    Violations.

18.29.100    Permits.

18.29.010 Purpose and intent.

The town of Wilbur recognizes the need for some citizens to use their place of residence for limited nonresidential activities.  However, the town believes that the need to protect the residential character of residential areas is of paramount concern.  In essence, the objective of this chapter is to allow limited commercial-type activity in residential areas only to the extent that no neighbors or passersby will be aware by outward appearance of the activity.  (Ord. 470 §1(part), 2007:  Ord. 272 §l(part),1993)

18.29.020 Definition.

“Home occupation” is an occupation, profession or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit.  The home occupation must be clearly subordinate to the residential use of the dwelling unit.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.030 Permitted home occupations.

The following home occupations are permitted upon receipt of a home occupation permit issued by the town clerk without being required to obtain a conditional use permit so long as no employees are engaged in the home occupation who are not residents of the home and all of the other (i.e., other than the employee restriction) performance standards as set out in Section 18.29.070 are met:

A.  Home cooking and preserving;

B.  Dressmaking, tailoring and sewing;

C.  Tutoring--Limited to two students at a time;

D.  Music lessons, including instruments, piano and voice lessons;

E.  Telephone answering or soliciting (so long as no soliciting is conducted to telephones in the Wilbur telephone exchange);

F.  Working with computers, except sales and repair of computer equipment including sales and installation of software and hardware;

G.  Child care service not to exceed four children being cared for more than three consecutive days;

H.  Bed and breakfast--Maximum four room occupancy.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.040 Conditional use permits.

All home occupations not authorized under Section 18.29.030 or prohibited under Section 18.29.060 or exempted under Section 18.29.050 shall be permitted only after application for issuance of a conditional use permit from the land use hearings officer prior to conducting any business activity.  The conditional use permit shall be obtained in the manner provided in Chapter 18.48 of this code.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.050 Exemptions.

Garage sales, yard sales, bake sales, temporary boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirement of obtaining a home occupation permit from the town clerk as long as the use does not operate for more than three days in duration or more than nine days in any one calendar year and all performance standards under Section 18.29.070 are met.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.060 Prohibited home occupations.

A.  The following home occupations are prohibited in all residential zones:

1.  Animal hospitals;

2.  Dancing studios, exercise studios;

3.  Mortuaries;

4.  Private clubs;

5.  Restaurants;

6.  Stables or kennels;

7.  Automotive or large equipment repair shops;

8.  Automobile bodyshops;

9.  Occupations involving explosives, toxic or other hazardous materials.

B.  Other occupations may also be prohibited by council action if the council decides it is not in the best interests of the town to issue a conditional use permit.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.070 Performance standards.

In considering applications for conditional use permits for home occupations, the hearings officer and council shall be guided by the following considerations:

A.  The legislative intent as set forth in Section 18.29.010;

B.  No materials or equipment shall be permitted which would be detrimental to the residential use of nearby residences such as vibration, noise, dust, smoke, odor, interference with radio or television reception and other factors detrimental to residential use;

C.  A home business shall not be permitted which requires frequent home deliveries for commercial purposes;

D.  A home business shall not be permitted which will result in the parking of customers’ or business visitors’ vehicles in a manner, frequency or number which will cause traffic congestion or will unduly inconvenience nearby residences;

E.  Signs for home occupations shall be located on the lot for which the conditional use permit is issued as follows:  one sign, unlighted and attached to the building, which shall not exceed four square feet in area may be permitted;

F.  On-site employment in home occupations shall be limited to persons residing in the dwelling unit where the home occupation is conducted plus one other employee;

G.  Applicant shall obtain a Wilbur home occupation license;

H.  There shall be no exterior indication of the home occupation or variation from the residential character of the principal or accessory building except for a sign in conformance with this chapter;

I.  There shall be no outside storage of materials or equipment to be used in conjunction with the home occupation;

J.  In no case shall a home occupation be open to the public or available for commercial deliveries at times earlier than seven a.m. nor later than ten p.m.;

K.  No more than one commercial vehicle associated with the home business may be parked out of door or adjacent to premises at one time.  “Commercial vehicle” as used herein is defined as (1) a vehicle with exterior commercial lettering or advertising of the home business or its product, (2) trucks over one ton, and (3) vehicles which are of a type normally associated as commercial vehicles or business, such as utility-type vehicles;

L.  Not more than one-fourth of the floor area of any one story is devoted to such occupation;

M.  That such operation shall not require internal or external alterations or involve construction features not customarily found in a dwelling.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.080 Pre-existing home occupations.

Any home occupation which lawfully existed on the effective date of this chapter shall be allowed to continue operation in accordance with Chapter 18.16.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.090 Violations.

Operating a home occupation in violation of this chapter or in violation of any conditions of a conditional use permit issued pursuant to this chapter shall constitute a civil infraction punishable by a monetary penalty of fifty dollars per violation.  Each day of unpermitted use constitutes a separate violation.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)

18.29.100 Permits.

Those home occupations which are not required to obtain a conditional use permit under Section 18.29.040 shall obtain a home occupation permit by paying a one-time fee of fifteen dollars to the town clerk.  Prior to issuing a home occupation permit, the applicant, in addition to paying the above fee, shall fill out an application form and deliver it to the town clerk.  The home occupation permit shall expire and a new permit required to be obtained in the event the following circumstances occur:  (1) change of ownership of real property, or (2) if there are any material changes in business use from that showing on the home occupation application.  (Ord. 470 §1(part), 2007:  Ord. 272 §1(part), 1993)