Chapter 18.68
HOME OCCUPATIONS
Sections:
18.68.040 Decisions by the permit administrator.
18.68.050 Finding of fact and conclusions required.
18.68.070 Voiding of approval.
18.68.080 Discontinued permits.
18.68.010 Purpose.
The purpose of this chapter is to permit limited types of businesses that may be conducted in residences and dwelling units and still protect the character and integrity of residential neighborhoods and districts. Home occupations are limited to those which may be conducted on residential lots, without in any way changing the appearance of the residential nature of the area. The home occupation is the use of a portion of a dwelling for a commercial enterprise. A definition of what constitutes a home occupation can be found in Chapter 18.08 OMC. (Ord. 885 § 1, 1999)
18.68.020 Standards.
Home occupations shall be subject to the following standards:
A. No more than two employees other than members of the resident family shall be permitted;
B. The area used for the home occupation shall not exceed 35 percent of the total floor area of the dwelling in which the home occupation is conducted. Any garage/studio located on the residence lot may be used. The total combined area shall in no case exceed 500 square feet;
C. There shall be no change in the outside appearance of the building or other visible evidence of conduct of the home occupation other than one nonreflective, indirectly illuminated sign of not more than two square feet attached to the side of the residence. No window displays shall be allowed;
D. There shall be no buildings accessory to the home occupation;
E. In no way shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, noise, glare, electrical or audio visual interference, dust, smoke or vibrations;
F. No unreasonable volume of traffic shall be generated for the residential district by the home occupation. Any need for parking by the conduct of a home occupation shall be met off the street other than in the required front yard;
G. Home occupations shall be subject to other licensing and registration requirements of the city and of the state as applicable. (Ord. 885 § 1, 1999)
18.68.030 Procedures.
Prior to the conducting of a home occupation or issuance of a business license and/or registration therefor by the city, a person desiring to conduct a business not otherwise designated as an allowed use in the underlying zoning district as a home occupation, shall apply to the administrator for approval of such home occupation, on a form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall determine if the proposed home occupation is above or below the threshold of an administration home occupation. Applicants that have demonstrated compliance with this title as an administration home occupation shall be issued a certificate of such compliance by the administrator. With other applications the administrator shall send notice of such application to all landowners within 200 feet of the proposed location thereof, and shall assure that the property is posted with notice of such application. Such notices shall include the right of all interested persons to make written comments to the administrator regarding such application. Not less than 15 days nor more than 30 days after mailing and posting of such notice, the administrator shall determine if the proposed home occupation meets all the requirements and standards set forth in this title, and shall issue a home occupation permit or attach reasonable conditions to the permit designed to assure compliance with this title and a certificate thereof to the applicant or a written decision to the applicant denying such home occupation permit. (Ord. 885 § 1, 1999)
18.68.040 Decisions by the permit administrator.
For the purposes of enabling this chapter, the permit administrator is empowered and directed to review applications for home occupation permits as a hearing examiner and may apply reasonable conditions in the same manner, scope and limitations as a conditional use permit. Appeals of any action of the permit administrator relating to the application of this chapter shall be heard and may be affirmed, modified or overturned as provided for elsewhere in this title. (Ord. 885 § 1, 1999)
18.68.050 Finding of fact and conclusions required.
All decisions relating to the review of applications, issuance and/or revocation of permits for home occupations shall be supported by a written finding of fact and conclusions issued by the administrator. Said documents shall be attached to the file and kept in the records of the city. (Ord. 885 § 1, 1999)
18.68.060 Notice required.
No later than 10 days after issuing a written decision on an application, notice of such action shall be forwarded to the applicant and any person filing a request for notice on the application and the city clerk. Said notice shall include the decision and related finding of fact and conclusion and the rights to and the procedure for appealing such decision. (Ord. 885 § 1, 1999)
18.68.070 Voiding of approval.
The administrator may void any home occupation permit for noncompliance with any of the standards listed in OMC 18.68.020 or any applied condition set forth when the application was approved. Such voided home occupation permits may only be reauthorized by the application and review as described in OMC 18.68.030. (Ord. 885 § 1, 1999)
18.68.080 Discontinued permits.
In the event that a home occupation is abandoned or inactive for a period in excess of two years, said permits shall be deemed a discontinued permit. Such discontinued home occupation permits may only be re-authorized by the application and review as described in OMC 18.68.030. (Ord. 885 § 1, 1999)
18.68.090 Ineligible uses.
The following uses by their nature have a tendency to expand beyond the limits of a home occupation or to otherwise impair the residential nature and value of the neighborhood, and shall be ineligible for classification as a home occupation:
A. Auto, motorcycle or engine repair;
B. Barber or beauty shops or salons with more than one chair;
C. Exercise or health spas or salons;
D. Private schools with more than two students at one time;
E. Painting of vehicles;
F. Retail shops;
G. Exterior storage of materials and equipment for an occupation that is primarily conducted off-site. (Ord. 885 § 1, 1999)