Chapter 18.78
HOME OCCUPATIONS AND HOME INDUSTRIES
Sections:
18.78.070 Revocation of permit and enforcement.
18.78.010 Purpose and intent.
It is the purpose of this chapter to recognize the needs of the people 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 or home industry cannot be expanded to full scale enterprises. (Example: 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 that would ordinarily be conducted in a commercial or industrial district continue to be conducted in such districts and not at home. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.020 Permit required.
It is unlawful for a person or individual, company, corporation or association or any other entity to engage in a home occupation or home industry without first having obtained a permit in compliance with the provisions of this chapter. The permit shall not be transferred, nor shall it be valid at any address or property other than the one appearing on the permit. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.030 Administration.
A. A home occupation or home industry permit shall be processed in accordance with the provisions of DCC Section 14.10.030.
B. The director is authorized to approve, approve with conditions or deny an application for a home occupation or home industry permit. The permit shall meet the criteria and conditions set forth in the DCC and this chapter, along with any other conditions that the director deems necessary to assure that the impact of such home occupation will be minimal upon neighboring properties. These conditions may address the following:
1. Increasing the required lot size or yard dimensions;
2. Limiting the coverage or height of buildings;
3. Mitigating traffic impacts through on-site and off-site improvements;
4. Increasing the number of off-street parking and loading requirements;
5. Limiting the number, location, design and size of signs and illumination devices;
6. Increasing required landscaping components to reduce noise and visual impacts including glare;
7. Specifying time limits for construction and operation;
8. Requiring performance assurance pursuant to DCC Chapter 14.90;
9. Specifying time frames for compliance review; and
10. Other conditions deemed appropriate to address the requirements and intent of this chapter, the DCC and the comprehensive plan.
C. Home occupations and home industries abandoned for more than six months, or damaged or destroyed beyond fifty percent of its value determined by using the most recent ICBO construction tables shall require re-application and authorization before re-commencing.
D. Appeals of a final decision by the director are governed by DCC Chapter 14.12. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.040 Home occupations.
A. Home occupations are those uses that are located an RSC or R-REC district. All home occupations must meet the following minimum standards and conditions:
1. The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential or agricultural purposes.
2. Home occupations shall occupy not more than twenty-five percent of the primary residence and one accessory building to a maximum of five hundred seventy-six square feet of floor area.
3. Any occupation that may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation. Vehicle, implement and equipment repair and maintenance are prohibited as a home occupation.
4. No exterior structural alterations shall be made to the building that changes its character from a residential dwelling or other structures normally associated within the same district.
5. Not more than one person outside of the resident family may be employed.
6. No merchandise, stock, equipment or materials shall be sold, displayed, stored, altered or repaired in any exterior portion of the premises that is associated with the home occupation and or building.
7. A home occupation shall not generate materially greater traffic volumes than would normally be expected in a residential neighborhood.
8. A home occupation shall be conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials and lighting; or the emission of noise, vibration, dust, glare, heat, smoke or odors.
9. Off-street parking spaces shall be required by the review authority for the occupation in addition to the spaces required for the primary residential use.
10. One nonilluminated sign bearing the name and home occupation of the resident is permitted; provided, that the sign is not more than four square feet in area (five hundred seventy-six square inches) and attached flush against the wall of the dwelling.
B. Home Occupations—Permitted Uses.
1. Mini day care and preschool (six to twelve children);
2. Beauty/barber shop;
3. Dance/music/art instruction of not more than two students at a time; and
4. Other similar uses.
C. Home Occupations—Prohibited Uses.
1. Clinics, hospitals, convalescent homes, medical and dental services;
2. Group (more than four students at one time) dancing and music schools;
3. Mortuaries or funeral homes;
4. Legal services;
5. Commercial print shops;
6. Rental of equipment, vehicles, RVs, implements, storage space;
7. Restaurants and cafes;
8. Stables or kennels;
9. Vehicle repair or auto detailing shops; and
10. Outdoor storage of building or construction materials not intended for immediate use in or on the premises. (Ord. TLS 08-03-05 Exh. B (part); Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.050 Home industries.
A. Home industries are permitted within areas classified in the RR-2, RR-5, RR-20 and agricultural districts. The following minimum criteria and conditions shall apply:
1. The use of the property for a home industry shall be clearly incidental and subordinate to its use for residential, resource, rural or agricultural activities normally associated within the same zoning district.
2. A home industry shall not occupy more than twenty-five percent of the residence and one accessory building to a maximum of one thousand one hundred seventy-six square feet of floor area.
3. No exterior structural alterations shall be made to the building that changes its character from a residential dwelling or other structure normally associated within the same zoning district.
4. Any occupation that may produce waste products of a quality or quantity not normally associated with permitted uses within the district shall not qualify as a home industry. Farm implement and equipment repair for agricultural purposes is an allowed activity.
5. Not more than one person outside of the resident family may be employed.
6. No merchandise, stock, equipment or materials shall be sold, displayed or stored in any exterior portion of the premises that is associated with the home industry.
7. The home industry shall not generate materially greater traffic volumes than would normally be expected in a rural or agricultural zoning district.
8. The home industry shall be conducted in a manner that will not alter the character of the premises by the use of color, materials and lighting; or the emission of noise, vibration, dust, glare, heat, smoke or odors.
9. Off-street parking spaces shall be required by the review authority for the home industry in addition to the spaces required for the other uses of the property.
10. One Nonilluminated Sign. The sign indicating such proposed use shall not be more than four square feet in area (five hundred seventy-six square inches).
B. Home Industry—Permitted Uses.
1. Farm implement repair;
2. Welding or wood shop;
3. Mechanical repair;
4. Taxidermy; and
5. Other similar uses.
C. Home Industry—Prohibited Uses.
1. Clinics, hospitals, medical and dental services;
2. Group (more than two students at one time) dancing and music schools;
3. Mortuaries or funeral homes;
4. Legal services;
5. Commercial print shops;
6. Rental of equipment, vehicles, RVs, implements, storage space;
7. Restaurants and cafes; and
8. Outdoor storage of building or construction materials not intended for immediate use in or on the premises. (Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.060 Exemptions.
Exemptions to this chapter include, but are not necessarily limited to, the following:
A. Baby-sitting services for up to six children at any one time;
B. Newspaper delivery;
C. Garage and yard sales provided that not more than three a year are held; and the sale involves only household goods, none of which were purchased for the purpose of resale; 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 DCC. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.78.070 Revocation of permit and enforcement.
A. A permit issued under this chapter to conduct a home occupation is revocable upon a determination by the director that there has been a violation of any condition imposed by this chapter on home occupations/industries or any other applicable provision of the DCC.
B. The procedures for enforcement and penalties are prescribed in DCC Chapter 14.92. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))