§ 17.44.130. Home occupation review

A. Circumstances Under Which Home Occupation is Permitted Outright. A home occupation which meets the following standards shall be permitted outright and is not subject to the review by the zoning official.

1. The home occupation shall be fully contained and conducted within a completely enclosed building and shall have no impact on the use or enjoyment of surrounding or nearby properties. There shall be no exterior storage of materials related to the home occupation on the property;

2. The home occupation shall not result in the need for additional on-street or off-street parking to accommodate the use beyond the requirement for residential use on the property, except for parking on an occasional need;

3. There shall be no structural accommodation to handle the home occupation;

4. There shall be no employees except for residents of the dwelling where the home occupation is situated;

5. There shall be no exterior visual evidence of the home occupation except for a sign attached to the building which complies with the sign requirements of subsection (B)(3)(i) of this section;

6. The home occupation shall be limited to either a pre-existing garage or accessory structure, or to not more than twenty-five (25) percent of the floor area of the main floor of the dwelling. If located within an accessory structure or garage, the home occupation shall not utilize over five hundred (500) square feet of floor area;

7. There shall be no noise level related to the home occupation which extends beyond the exterior boundaries of the property where the home occupation is located;

8. No materials or mechanical equipment shall be used which are detrimental to the residential use of the dwelling or any adjacent or nearby dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

B. Special Home Occupation Review Procedure. If a home occupation does not meet the standards specified in subsection A of this section, either at the time it is to be established, or upon subsequent investigation of the operation of an existing home occupation, the zoning official shall review and take action on the home occupation under the special home occupation review procedures as outlined in this subsection.

1. Application. An application for a special home occupation review shall be submitted to the zoning official in accordance with provisions of Section 17.64.060 of this title. A filing fee in accordance with the provisions of Section 17.64.070 of this title shall be submitted with the application;

2. Hearing and Action on Special Home Occupation Review. Before the zoning official may act on an application for a special home occupation review, notice of the zoning official's pending action shall be mailed to owners of abutting property in accordance with the provisions of Section 17.64.080 of this title;

3. Standards for Review of a Special Home Occupation Review. The decision to approve or deny a special home occupation review shall be based on the following standards:

a. The home occupation shall be secondary to the main use of the dwelling as a residence;

b. All aspects of the home occupation shall be fully contained and conducted within a completely enclosed building. Materials associated with the home occupation shall not be stored outside of an enclosed building;

c. The home occupation shall be limited to either a pre-existing garage or accessory structure, or not over one-third of the floor area of the main floor of a dwelling. If located within an accessory structure or garage, the home occupation shall not utilize over seven hundred fifty (750) square feet of floor area;

d. Any structural alteration to accommodate the home occupation shall not detract from the outward appearance of the property as a residential use;

e. No person other than members of the immediate family residing within the dwelling where the home occupation is situated and one additional employee shall be engaged in the home occupation;

f. No window display and no sample commodities displayed outside the dwelling shall be allowed;

g. No materials or mechanical equipment shall be used which are detrimental to the residential use of the dwelling or any adjacent or nearby dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors;

h. No parking of customer vehicles in a manner or frequency so as to cause disturbance of inconvenience to nearby residents or so as to necessitate the provisions of additional off-street parking shall be allowed. A maximum of two vehicles in addition to vehicles belonging to the residents shall be permitted at one time;

i. Signs for advertising the home occupation shall be prohibited. Signs to identify the home occupation shall be limited to one non-illuminated sign, attached to the exterior of the building, which identifies only the name and type of business or profession. Signs shall be no more than three square feet in size;

4. Conditions of Approval for a Special Home Occupation. In approving a special home occupation review request, the zoning official may impose in addition to those standards and requirements expressly specified by this title, additional conditions which the zoning official considers necessary to protect the adjacent properties and the surrounding neighborhood. These conditions may include, but are not limited to, the following:

a. Controlling the location and number of vehicle access points and the location and number of off-street parking spaces;

b. Requiring fencing, screening, or other facilities to protect adjacent or nearby property;

c. Limiting the manner in which the use is conducted including restricting the hours of operation and imposing restraints to minimize environmental effects such as noise, vibration, air pollution, glare, and odor;

d. Setting a time limit for subsequent review of the home occupation;

e. Other conditions necessary to protect the adjacent properties and the surrounding area;

5. Notice of the Zoning Official Decision. After the zoning official has made a decision, notice of that decision and any conditions of approval shall be forwarded to the applicant and to all parties receiving notice of the pending special home occupation review decision. The notice of decision shall give all parties receiving notice the right to appeal the decision to the planning commission. If a decision is appealed to the planning commission, that body shall hold a public hearing on the appeal. Those standards and conditions of approval that apply to the zoning official decision shall also apply to the planning commission decision;

6. Time Limit on Approval Special Home Occupation Review Application. Authorization of a special home occupation review shall be void one year after the date of approval if the home occupation has not been established. However, upon written request, the zoning official has the authority to grant an additional period, not to exceed one year, to begin the home occupation.

C. Application of Home Occupation Standards to Prior Approved Home Occupations. Effective January 1, 2002, all home occupations approved under the home occupation provisions of this title in effect at the date of approval, shall meet the standards in effect on January 1, 2002.

(Ord. 280 § 2, 2000: Ord. 273 § 5.130, 1998)