Chapter 17.66
HOME OCCUPATIONS
Sections:
17.66.020 Prohibited home occupations.
17.66.030 Application requirements – Fee.
17.66.040 Environmental standards.
17.66.050 Administrative decision.
17.66.070 Revocation of license – Appeal.
17.66.090 Transfer of location.
17.66.010 Purpose.
A home occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established residence within a residential district. The purpose is to create an administrative framework to authorize such uses that do not pose a disruption to or conflict with the existing and planned residential environment. (Ord. 2011-29 § 5 (Att. B)).
17.66.020 Prohibited home occupations.
Due to the increased possibility for generating hazardous or nuisance conditions, the following uses and those similar in nature shall not be permitted as home occupations: vehicle repair and/or maintenance; rebuilding motors; painting vehicles; welding; sheet metal shops; upholstering; firewood cutting and any Group H occupancy as defined in the International Building and Fire Codes adopted by the city. (Ord. 2011-29 § 5 (Att. B)).
17.66.030 Application requirements – Fee.
A. Applications for home occupation shall be made in accordance with all provisions of GMC Title 5, upon forms provided by the city clerk. The form shall include, but not be limited to, the following information:
1. Name, mailing address and phone number of applicant.
2. Legal description and street address of the property.
3. Kinds and amounts of supplies, materials and equipment to be used and the locations where they will be stored or used upon the premises.
4. Description of all activities involved in the business and how the business will operate.
B. Business license fees for home occupations shall be $75.00. An additional $20.00 fee shall be required for any business license that requires an on-site inspection to determine compliance with GMC 17.66.040. (Ord. 2011-29 § 5 (Att. B)).
17.66.040 Environmental standards.
All home occupations shall conform to the following standards:
A. Be clearly subordinate to the principal use of the property for residential purposes;
B. Not involve modification of the property or exterior of its structures that indicates other than residential uses of the premises;
C. Is performed entirely within a permanent structure upon the premises;
D. No signs, display or other advertisement upon the property;
E. No media or other off-premises advertising shall give the address or location of the home occupation;
F. No outside storage of materials, supplies, products or by-products, or equipment, except a single occupational vehicle not exceeding 14,000 pounds gross vehicle weight (GVW);
G. Be conducted solely by persons residing within the dwelling unit upon the premises, subject to the definition of family;
H. Except for articles produced thereon, no merchandise, products, goods or wares may be displayed or offered for sale upon the premises;
I. No occupation requiring the customer or client to be present upon the premises while the profession, trade, skill or service is performed shall be allowed, with the exception of one-chair beauty salons/barber shops, which are permitted subject to all other provisions contained in this title;
J. No more than six customer vehicles may visit the dwelling in a given day;
K. Noise generated by the home occupation, detectable at any property line, shall not be in excess of the following standards:
1. Eight a.m. to 8:00 p.m.: 55 dba;
2. Eight p.m. to 8:00 a.m.: 45 dba;
L. No material or substance which is explosive, highly flammable, corrosive, radioactive or toxic shall be stored, created, utilized or discarded in any way without prior knowledge of and written approval by the city; provided the means or methods necessary for safety purposes do not conflict with other standards established herein;
M. The home occupation shall not generate light or glare, vibration, fumes or odors, or permit other conditions to occur or be present, which annoys, injures, or endangers the comfort, health, repose, decency or otherwise comfortable enjoyment of life and property of neighboring or surrounding residents, in accordance with the intent of this chapter;
N. The home occupation shall not occupy more than 20 percent of the gross floor area of the residence. All of an attached or detached garage may be used for a home occupation provided the area of the garage to be utilized does not exceed 600 square feet. (Ord. 2011-29 § 5 (Att. B)).
17.66.050 Administrative decision.
A. Within 10 working days of the date an application is received, the public works director or his/her duly authorized agent shall render a decision to approve or deny the application for home occupation license, unless the applicant agrees to an extension. In no case shall the date of decision exceed 30 calendar days from the date the application is received.
B. If the decision of the public works director is to deny the application, notification to the applicant shall include findings in support of the public works director’s decision and the applicant’s rights of administrative appeal. The written decision shall be mailed promptly to the applicant by certified mail. The date of receipt by the applicant shall be the date the applicant is notified of the public works director’s decision. If no appeal is received, in accordance with GMC 17.66.060, the decision of the public works director is final. (Ord. 2011-29 § 5 (Att. B)).
17.66.060 Appeal.
Any appeal of the public works director’s decision to deny a home occupation shall be filed in accordance with GMC Title 14 and Chapter 2.50 GMC and shall be reviewed by the hearing examiner. Appeals may only be filed by the applicant. (Ord. 2011-29 § 5 (Att. B)).
17.66.070 Revocation of license – Appeal.
A home occupation may be revoked by the public works director if the director finds the home occupation no longer conforms to the environmental standards set forth under GMC 17.66.040 or is a public nuisance. The license holder may file written appeal of the public works director’s decision in accordance with GMC 17.66.060. (Ord. 2011-29 § 5 (Att. B)).
17.66.080 Complaints.
Any person may file a written complaint regarding a home occupation. Any written complaint received shall cause the public works director or his/her duly authorized agent to investigate the conditions upon which the complaint is based to determine if the home occupation is in compliance with the provisions of this chapter. If the investigation results in a decision to revoke a home occupation license, the revocation shall occur in accordance with GMC 17.66.070. (Ord. 2011-29 § 5 (Att. B)).
17.66.090 Transfer of location.
No home occupation may be transferred to a different location without first obtaining a new home occupation license authorizing its conduct at the proposed location. (Ord. 2011-29 § 5 (Att. B)).