Chapter 19.92
HOME OCCUPATIONS
Sections:
19.92.030 General definition and criteria for home occupations.
19.92.040 Exempt home occupations.
19.92.050 Type I home occupations.
19.92.060 Type II home occupations.
19.92.070 Type III home occupations.
19.92.090 Similar permitted and outright uses.
19.92.100 Revocation of home occupation permits.
19.92.110 Special standards for the operation of bed and breakfast inns and farm stays.
19.92.010 Purpose.
It is the purpose of this chapter to encourage citizens of the County to use their homes to engage in small-scale business ventures. Home occupations are regulated to ensure that they do not alter the residential character of the neighborhood, nor infringe upon the rights of nearby residents to the peaceful enjoyment of their neighborhood nor be subjected to negative effects on property values by business activities on nearby parcels. A home occupation permit does not “run with the land” and may not be assumed by a new owner or resident. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.010.]
19.92.020 Authority.
The provisions of this chapter are intended to apply to residential and resource-zoned properties already occupied with a residential use. No person shall carry on a home occupation, or permit such use to occur on property, which that person owns or is in lawful control of, contrary to the provisions of this chapter. Home occupations in resource zones are also subject to ORS 215.448. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.020.]
19.92.030 General definition and criteria for home occupations.
A. “Home occupation” means a business in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one resident occupying the dwelling on the subject property. Home occupations are clearly incidental and accessory to the residential use. All home occupations shall be conducted in accordance with the following general criteria:
1. All business operations shall comply with the current noise ordinance and shall not produce offensive vibration, smoke, dust, odors, heat, glare or electrical interference detectable to normal sensory perception at the property line.
2. No construction of any structure that would not otherwise be allowed in the zone in which the home occupation is located may be established (ORS 215.448(3)).
3. No storage and/or distribution of toxic or flammable materials and spray painting/finishing operations that involve toxic or flammable materials, which in the judgment of the Fire Marshal and/or the Department of Environmental Quality (DEQ) pose a dangerous risk to the residence, its occupants, and/or surrounding properties are allowed. Those individuals who are engaged in home occupations shall submit to the Planning Office the DEQ Potential Site Hazards Checklist which pertains to all potentially toxic and/or flammable materials associated with the use.
4. All parking and signage related to the home occupation shall be on site, not in public right-of-way.
5. Home occupations shall be secondary to the residential use of the property.
6. All home occupations other than those deemed as exempt shall be administered as Type I, II or III, distinguished by the potential impacts they represent to nearby properties.
7. Type I, II and III home occupations require issuance of a development permit as final authorization.
8. Only the principal resident(s) of a residential property may undertake home occupations with nonresident employees as allowed by the type of home occupation.
9. In the event the requirements of this chapter conflict with other requirements contained in this title, the requirements of this chapter shall govern. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.030.]
19.92.040 Exempt home occupations.
A. Exempt home occupations are not subject to the permit process, and are defined by the following standards:
1. Only the resident(s) of the property may undertake exempt home occupations.
2. No exterior signs that identify the property as a business location.
3. No customers shall come to the property.
4. Deliveries to the residence must be by postal package services only.
5. One business vehicle is allowed on site.
6. Storage of material related to the business is confined to the interior of the residence or accessory structure with no exterior indication of a business.
7. The business shall not occupy more than 25 percent of the total combined square footage of structures on the property.
8. The address of the home shall not be given in any advertisement, including but not limited to commercial telephone directories, newspapers, magazines, off-premises signs, flyers, radio, television, websites or other advertising media.
B. No development permit will be required for exempt home occupations, except that new structures or additions on site are subject to JCC 19.41.020. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.040.]
19.92.050 Type I home occupations.
A. Type I home occupations require application review prior to issuance of a permit and are to be conducted in conformance with the following additional standards:
1. Up to two nonresident on-site employees or volunteers (including part-time employees).
2. Adequate on-site parking to accommodate residents, employees, business vehicles and customers.
3. One nonilluminated exterior sign, not to exceed six square feet in size and set back 10 feet from property lines.
4. Customers and clients by appointment only.
5. Deliveries to the residence by postal package services only.
6. Two business vehicles permitted on site.
7. No outdoor storage or activities.
8. No large construction equipment or commercial vehicles (e.g., earth movers, dump truck, box truck, semi-truck, equipment trailers) in conjunction with the business to be on site.
9. No major remodel or addition of equipment or appliances that would not be typical of the residential use is allowed (e.g., commercial kitchen, industrial drying oven, production machinery).
10. Operations shall be conducted weekdays during typical business hours.
11. Shall have adequate access for proposed business purposes.
B. Permit Procedures for Type I Home Occupations.
1. An application for a Type I home occupation permit shall be filed according to the application procedures of Chapter 19.22 JCC for a ministerial permit.
2. The application shall identify the type of use and address the conditions contained in this chapter and other applicable sections of this title.
3. A development permit shall be issued as final authorization of an approved Type I home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.050.]
19.92.060 Type II home occupations.
A. Type II home occupations require application review prior to issuance of a permit and shall be conducted in conformance with the following additional standards:
1. Up to four nonresident on-site employees or volunteers (including part-time employees).
2. Adequate on-site parking to accommodate residents, employees, business vehicles and customers.
3. One exterior sign, not to exceed 12 square feet in size and set back 10 feet from property lines.
4. “Drop in” customers and clients are allowed, including small groups of customers or classes.
5. Any commercial pick-up and deliveries other than postal/package services are limited to two per day.
6. Up to four business vehicles permitted on property.
7. Incidental retail sales associated with the permitted home occupation are allowed.
8. Storage of materials on site to be screened from view of neighboring properties by a solid fence, adequate vegetation, or other structures.
9. Outdoor activities on site to be screened from view of neighboring properties by a solid fence, adequate vegetation or other structures and setbacks may be employed to mitigate potential impacts to adjacent properties.
10. Large equipment and commercial vehicles only if screened from view of neighboring properties or garaged.
11. Hours of operation as allowed by conditions of approval.
12. Type II home occupations are subject to the site plan review standards of JCC 19.42.050(A).
13. Vehicle or boat-oriented businesses, including repair, service, detailing, restoration and sales, may have up to four vehicles on site to be worked on or for sale. Inside storage or screening required.
B. Permit Procedures for Type II Home Occupations.
1. Type II home occupations require site plan review per Chapter 19.42 JCC, filed according to the application procedures of JCC 19.22.040 for a quasi-judicial permit.
2. The application shall identify the type of use and address the conditions contained in this chapter and other applicable sections of this title.
3. Review will require public notice as required by Chapter 19.32 JCC.
4. The Planning Office will conduct a site visit as a part of the review.
5. The Planning Director may apply conditions to the approval of Type II home occupation permits to ensure compliance with the requirements of this chapter.
6. A development permit shall be issued as final authorization of an approved Type II home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.060.]
19.92.070 Type III home occupations.
A. Any proposed home occupation exceeding the standards of Type I or II home occupations shall either be reviewed as a conditional use permit, subject to Chapter 19.45 JCC; or must be conducted as a use in commercial or industrial zones, to include the following:
1. Retail sales.
2. Large scale manufacturing.
3. Business operations requiring hazardous materials.
4. Vehicle or boat-oriented businesses, including repair, service, detailing, restoration and sales for more than four vehicles on site at a time.
5. Bed and breakfast inns subject to special standards contained in JCC 19.92.110.
B. Uses listed in JCC 19.92.080(A) may not be reviewed as a Type III home occupation.
C. Type III home occupations shall be conducted in conformance with the standards of JCC 19.92.030.
D. A development permit shall be issued as final authorization of an approved Type III home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.070.]
19.92.080 Prohibited uses.
A. Because of the potential adverse impacts they pose to residential neighborhoods, the following uses are not allowed as home occupations and must be established in commercial or industrial zones:
1. Junk and salvage operations.
2. Storage and/or sale of fireworks.
3. Mobile home sales.
4. Vehicle wreckers and/or recyclers. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.080.]
19.92.090 Similar permitted and outright uses.
A. Agriculture, farming and farm use, as these uses are defined in Chapter 19.11 JCC, are outright uses in farm and forest zones and are permitted uses with criteria in residential zones (JCC 19.61.020). Farm stands require standards only review in farm zones (JCC 19.64.035(L)) and are permitted uses in residential zones. Forest product propagation or harvesting is an outright use in farm and forest zones and a permitted use in residential zones.
B. Short-term sales from a residence shall not be deemed to fall under the regulations for home occupations and are allowed outright. Such sales shall not exceed four days in duration and occur more than 10 times in any given calendar year. Examples of such uses are typically known as: yard or garage sales, estate sales, auctions, beverage stands, rummage and craft sales. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.090.]
19.92.100 Revocation of home occupation permits.
A. Grounds for Revocation. If a home occupation fails to maintain the standards of this title or the permit issued by the County, the Planning Director may revoke a home occupation permit according to the revocation procedures outlined in Chapter 19.41 JCC, or require reapplication to a higher type. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.100.]
19.92.110 Special standards for the operation of bed and breakfast inns and farm stays.
A. A bed and breakfast inn operating from a residentially developed property, or a farm stay, will be reviewed as a Type III home occupation and shall be operated according to the following standards:
1. The inn or farm stay must be located in a residence.
2. The operator of the inn or farm stay must live on the premises and continue to use part of the main dwelling as a residence.
3. Outward modification of the structure shall be made only if such changes are compatible with the character of the neighborhood and the intent of the zone, and in all cases, the changes shall maintain the residential character of the structure.
4. The inn shall be limited to a maximum of 10 individual guests and five bedrooms; the farm stay limited to four bedrooms.
5. The inn or farm stay shall be compatible with the neighborhood in terms of access and the proximity to structures and the operation shall be screened from view from adjoining lots or parcels.
6. One on-premises sign not to exceed 12 square feet and set back 10 feet from property lines.
7. Exterior illumination of the sign shall be limited so that the illumination will not adversely impact the residential character of the area.
8. One on-site parking space for each sleeping room shall be provided in addition to the two on-site parking spaces required for the dwelling.
9. The inn or farm stay shall meet all applicable County and state water, sewage, and licensing requirements. The applicant shall submit evidence from the appropriate agency that the applicant has contacted them and meets, or can comply with, agency requirements. [Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 92.110.]