Chapter 5.04
HOME OCCUPATIONS1
Sections:
5.04.010 Administrative permit required.
5.04.020 Notice, approval, and/or denial of home occupation business licenses.
5.04.030 State licensed facilities.
5.04.040 Suspension or revocation procedure.
5.04.010 Administrative permit required.
A. Purpose. The city council has determined that there are certain home occupations which should be allowed in the residences in the city by recognizing that there are many people engaged in small business ventures in their homes which could not be sustained if it were necessary to lease commercial quarters or which, in the nature of the home occupation, cannot be expanded to full-scale enterprises. 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 shall not be permitted as home occupations. It is also the intent of this chapter that those permitted home occupations are operated subordinate to the residential use of the property and in a manner that is not detrimental or disruptive, in terms of appearance or operation, to neighboring properties and residents. This purpose and intent shall govern the interpretation of this entire chapter.
B. Occupations Incompatible with Residential Use. In keeping with the intent of this chapter, a home occupation shall not under any circumstances include a commercial stable or kennel where pets owned by others are kept, a restaurant, activities involving the sale or tasting of beverages, the sale of goods on the premises not produced on site, activities involving the repair of body damage to motor vehicles owned by others, or the mechanical repair and service of motor vehicles owned by others.
C. Permit Required. Any person desiring to operate a home occupation in the city shall make application for a business license pursuant to Chapter 5.18 CHMC, and pay the administrative fee established by city resolution for this purpose as well as the master license service’s applicable handling fee.
D. Conditions of Approval of a Business License for Home Occupations. Except for home occupation business licenses for family home child care facilities and adult family homes, addressed in CHMC 5.04.030, the following conditions of approval shall apply to business license applications for home occupation businesses. In addition to the information requested in the application, the applicant for a home occupation business license shall submit information to the city to ensure that the siting and operation of the home occupation shall not violate the following conditions of approval:
1. That the home occupation is to be operated within the principal residential building or other structure accessory thereto, and shall utilize no more than 25 percent of the gross floor area of the buildings on the subject lot;
2. That not more than one person will be employed in the home occupation who is not a member of the applicant’s immediate family and does not reside in the home on the subject lot;
3. That no exterior display or exterior signage shall be placed or constructed on the subject lot, nor shall there be any other exterior indication of a home occupation or variation from the residential character of the premises;
4. That there will be no noise, vibration, smoke, dust, odors, heat or glare produced by the home occupation distinguishable from that produced by the normal use of a single-family residence;
5. That there will be no demand for parking beyond that which is normal to a residential area;
6. That visits from customers, clients, or deliveries shall not occur in excess of one vehicle per hour;
7. That there shall be no heavy equipment, power tools, or power sources not common to a residence used;
8. That the home occupation shall not involve the storage for future use or sale and/or distribution of toxic or flammable materials;
9. That no parking and storage of heavy equipment or storage of building materials for use on other properties shall occur; and
10. That visits from customers or clients shall not occur between the hours of 9:00 p.m. and 9:00 a.m.
E. Additional Conditions of Approval. The administrator may impose additional conditions of approval based on the specifics of the location, operation, hours, sounds, odors, or visual aesthetics associated with the home occupation in order to ensure compliance with the intent of this chapter and mitigate potential adverse impacts on surrounding residences.
F. Effective Date and Expiration. A business license obtained under Chapter 5.18 CHMC shall be effective for one year, and shall expire on the date established by the master license service. Should an applicant apply for a license after the beginning of the license year, the license fee as established by periodic resolution of the city council shall be paid in full and shall not be prorated. The business license renewal procedures established in CHMC 5.18.090 shall apply. (Ord. 954 § 1, 2017; Ord. 946 § 1, 2016; Ord. 930 § 1, 2014; Ord. 904 § 2, 2010; Ord. 903 § 2, 2009; Ord. 725 § 1, 1995; Ord. 700 § 1, 1994; Ord. 536, 1986; Ord. 453 § 1, 1982)
5.04.020 Notice, approval, and/or denial of home occupation business licenses.
The procedures for the approval and denial of a business license, and for the appeal of a business license decision, shall apply as established in CHMC 5.18.100. Applicants that do not comply with the conditions of approval as established in CHMC 5.04.010 shall be denied a business license or renewal of a business license. (Ord. 954 § 1, 2017; Ord. 946 § 1, 2016; Ord. 930 § 1, 2014; Ord. 903 § 2, 2009; Ord. 700 § 3, 1994; Ord. 453 § 3, 1982. Formerly 5.04.030.)
5.04.030 State licensed facilities.
A. Family Home Child Care Facilities.
1. Notice of Intent to Locate Family Home Child Care Facility. In order to operate a family home child care facility as defined in CHMC 17.04.220, the proposed family home child care provider shall notify the adjoining property owners within 300 feet of the subject property in writing of his or her intent to locate and maintain a family home child care facility in the provider’s home. Proof of such written notification shall be submitted to the city prior to the time the provider makes application for state licensing. Any disputes between the neighbors and the family home child care provider shall be referred to the appropriate state office responsible for family child care licensing for resolution.
2. Application for City Approval of Family Home Child Care Facility Home Occupation Business License. Any person desiring to site and/or operate a family home child care facility in the city shall complete an application for the city administrator’s review of compliance with this section, and shall pay the business license fee established by periodic resolution and the master license service’s handling fee.
3. Requirements for Family Home CHild Care Facilities. The city administrator shall issue a business license for operation of the family home child care facility, which may be located in an area zoned for either residential or commercial use, as long as the following requirements are met:
a. The family home child care facility must comply with all building, fire, safety and health code requirements of the city;
b. The family home child care provider must obtain a license from the state to operate;
c. The facility in which the family home child care is to be provided shall be certified by the state office of child care policy licensor as providing a safe passenger loading area;
d. The family home child care facility must conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district in which the structure is located, unless the structure is a legal nonconforming use; and
e. Any signage provided on the lot upon which the facility is operated shall conform to all regulations applicable to the underlying zoning district.
4. Hours of Operation. The city may limit the family home child care facility’s hours of operation in order to accommodate neighborhood compatibility, while also providing appropriate opportunity for persons who use family home child care and who work a nonstandard work shift.
5. Any applicant for a home occupation business license that provides child care and/or preschool education must comply with the licensing requirements of this chapter unless the applicant can provide the city with written approval of the applicant’s exemption from state family home child care licensing requirements or other sufficient evidence satisfactory to the city that the child care and/or preschool education to be provided is exempt from state licensing requirements.
B. Adult Family Homes.
1. Application for Adult Family Home Occupation Business License. Any person desiring to site and operate an adult family home in the city shall complete an application for the city administrator’s review of compliance with this section, and shall pay the business license fee established by periodic resolution and the master license service’s handling fee.
2. Requirements for Adult Family Homes. The city administrator shall issue a business license for operation of an adult family home as defined in CHMC 17.04.035, which may be located in an area zoned either for residential or commercial use, as long as the adult family home meets all other applicable zoning, building, housing and fire codes of the city. (Ord. 954 § 1, 2017; Ord. 946 § 1, 2016; Ord. 930 § 1, 2014; Ord. 904 § 2, 2010; Ord. 903 § 2, 2009; Ord. 725 § 2, 1995; Ord. 700 § 2, 1994; Ord. 453 § 2, 1982. Formerly 5.04.020.)
5.04.040 Suspension or revocation procedure.
If the administrator has reasonable cause to believe that any of the conditions imposed upon a home occupation business under this chapter have been violated, the administrator shall follow the procedures established in CHMC 5.18.110 to revoke or suspend the business license. (Ord. 946 § 1, 2016; Ord. 930 § 1, 2014; Ord. 903 § 2, 2009; Ord. 700 § 4, 1994; Ord. 453 § 4, 1982)
5.04.050 Penalties.
Any person violating any provision of this chapter shall be subject to the enforcement procedures, remedies, and the civil and criminal penalties provided in Chapter 1.08 CHMC. (Ord. 946 § 1, 2016; Ord. 930 § 1, 2014; Ord. 903 § 2, 2009; Ord. 700 § 5, 1994; Ord. 453 § 5, 1982)
Prior legislation: Ord. 296.