Chapter 17.68
HOME OCCUPATIONS
Sections:
17.68.030 Licensed home businesses.
17.68.040 Type of application and procedure.
17.68.050 Permit and license required.
17.68.070 Requirements for a completed application.
17.68.080 Revocation of license.
17.68.010 Purpose and intent.
A. The purpose of this chapter is to provide a means to allow residents to conduct limited business in residential districts while keeping intact the residential character of neighborhoods. According to their nature, certain businesses are allowed outright as accessory uses to the primarily residential use; some are allowed to be licensed as home businesses; and some are outright prohibited.
B. It is the intent of this chapter to recognize the needs of citizens who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation, cannot be expanded to full-scale enterprises. (Examples: supplemental retirement income, juvenile self-employment, single parents who must support and remain at home with preschool children, etc.) It is the intent of this chapter 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 at home. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.020 Accessory uses.
In residential districts, uses that meet the following criteria shall be considered accessory uses and are allowed outright:
A. There are generally no customers or clients visiting the home for the conduct of business;
B. There are no retail sales physically conducted on the premises;
C. There is no physical manifestation of the fact that a business is being conducted on the premises (including signs); and
D. There are no employees working on the premises. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998)
17.68.030 Licensed home businesses.
Home businesses that do not qualify as accessory uses according to the criteria in Section 17.68.020 may be allowed as licensed home occupations if they meet the standards listed below:
A. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes with not more than twenty-five percent of the gross floor area of the entire structure being used for conducting the home business.
B. The home business shall be fully enclosed within the primary residential structure or its accessory dwelling or other accessory buildings.
C. No structural alterations shall be allowed to accommodate the home business unless required by law.
D. No persons other than immediate residents of the structure and one outside employee at any one time may be employed in the home occupation.
E. There shall be no exterior or window displays, signs, storage of materials, or sample commodities displayed outside of the premises.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers, or causes fluctuation in line voltage off the premises which would exceed that normally produced by a single-family residence.
G. No materials or commodities shall be delivered to or from the home occupation which are of such bulk or quantity as to require delivery by commercial vehicle or trailer having more than a single axle.
H. No parking shall be allowed beyond that normal to a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation.
I. The hours of operation for uses involving nonresident employees and the delivery of materials shall be limited solely to between six a.m. and nine p.m.
J. Buffers or screens will be provided when deemed necessary to reduce potential impacts to adjacent properties. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.040 Type of application and procedure.
A home business is a Type IIA application and the administrator makes the final decision. Obtaining a home business license requires that an application be completed and submitted to the administrator (or designee) at City Hall. The administrator (or designee) shall review the application to ensure that standards are met and may issue the license within ten days of its submittal. If the administrator determines that the proposed business is such that standards for operating the home business cannot be met, the license shall not be issued. All other requirements for processing shall be completed as set forth in Chapter 19.02. The applicant may appeal this determination to the city council according to appeal procedures as set forth in Chapter 19.06. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.050 Permit and license required.
A. It is unlawful for a person or individual company, corporation or association or any other entity to engage in a home business as defined in Section 17.08.055 within the city limits without first having obtained a license in compliance with the provisions of this chapter unless it meets the criteria in Section 17.68.020 deeming it an accessory use. The license shall not be transferred, nor shall it be valid at any address other than the one appearing on the license.
B. All other permits required by the city ordinances or state law, including but not limited to a city business license, must be applied for and obtained as is required for any similar business operating as a permitted use in any zoning district of the city, even if it is an accessory use under Section 17.68.020. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.060 Exemptions.
The following uses shall be exempt from the provision of this chapter. Additional exemptions may be established through amendments to this chapter.
A. Babysitting and family day care facilities for up to twelve children at any time in addition to those children living in the home; provided, the business meets licensing requirements of the state of Washington;
B. Newspaper delivery; and
C. Garage and yard sales as long as the sale involved only the sale of household goods, none of which were purchased for the purpose of resale, and the sale does not continue for more than three consecutive days in any calendar month and is not in violation of any other provisions of the Bridgeport Municipal Code or other city ordinance. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.070 Requirements for a completed application.
In addition to the requirements for a completed application as set forth in Section 19.02.020, an applicant for a home business license shall sign the application provided by the administrator that clearly identifies the criteria identified in Section 17.68.030 and a statement that the applicant acknowledges the limitations set forth in the criteria for home business. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.080 Revocation of license.
A license issued under this chapter to conduct a home business is revocable upon a determination by the administrator that there has been a violation of any condition imposed by the chapter.
A. In the event of an alleged violation, a written notice describing the violation and the corrective measures that must be taken shall be mailed by the administrator to the permit holder. Such notice shall advise the license holder that the corrective measures to bring the business into compliance with criteria included in Section 17.68.030 must be taken within ten days of the date of the notice or the license will be revoked by the administrator.
B. Upon revocation of the license, a written notice of the revocation shall be sent by certified mail by the administrator to the permit holder together with a written statement of his/her findings upon which the revocation is based and procedures for appeal.
C. Appeal of the revocation of a license may be made to the city council by following the procedures and administrative timelines set forth in Section 19.01.030(C) and in Chapter 19.06. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)
17.68.090 Violation—Penalty.
A. Any person who violates any of the provisions of this chapter or any order or decision of the city entered pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Section 1.20.020 as presently enacted or hereafter amended.
B. The instigation of misdemeanor proceedings in accordance with subsection (A) of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions or compliance with the chapter. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 497 § 2 (part), 1998: Ord. 475 § 1 (part), 1996)