Subtitle IV. Supplemental Zoning Regulations
Chapter 20.60
HOME BUSINESSES
Sections:
20.60.020 Definition – Home business.
20.60.030 Business license required.
20.60.040 Home businesses – Requirements.
20.60.050 Revocation of home business license.
20.60.010 Purpose.
The purpose of the home business regulations is to balance the competing interests of persons wishing to engage in limited commercial activity within residences with those of their neighbors in maintaining the residential character of the neighborhood. These provisions have therefore been enacted to ensure that all commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic, safety hazards, or other public nuisances that may be generated by the commercial activity. It is the express intent of the city to not create a commercial atmosphere in its residential zones while allowing small commercial pursuits suitable for a residential neighborhood. (Ord. 019-17 § 18 (Exh. 1)).
20.60.020 Definition – Home business.
The term “home business” or “home businesses” shall include home (cottage) industry, home occupation and home profession as defined in Chapter 20.12 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.60.030 Business license required.
No person shall operate or maintain a home business without having a license to do so issued by the city finance director in accordance with the provisions of this chapter and with the provisions of Chapter 5.12 POMC. The specific provisions of this chapter shall control over any conflicting provisions of Chapter 5.12 POMC. (Ord. 017-23 § 4 (Exh. A); Ord. 019-17 § 18 (Exh. 1)).
20.60.040 Home businesses – Requirements.
(1) Home businesses are permitted in a residential dwelling unit subject to the provisions of the city’s zoning ordinance and if all of the following criteria are met:
(a) The home business shall clearly be subordinate to the use of the dwelling unit for residential purposes. The burden of establishing that the home business is subordinate to the primary residential use is upon the applicant for a business license.
(b) The home business shall be owned or conducted by a resident of the dwelling unit. If the applicant for the business license is a resident but does not own the dwelling unit, the applicant shall obtain written approval of the proposed home business from the owner. The burden of establishing that the home business is owned or conducted by a resident of the dwelling unit is upon the applicant for a business license.
(c) No more than one person who is not a resident shall be employed in the home business without obtaining a conditional use permit.
(d) If more than one home business is proposed to be located or conducted within any single dwelling unit, including accessory structures, and a conditional use permit is required by the provisions of this chapter or the land use and development regulatory code for one or more of the home businesses, the applicant shall obtain a separate conditional use permit for each home business pursuant to Chapter 20.50 POMC.
(e) The residential character of the building shall be maintained and the business shall be wholly situated indoors. There shall be no exterior display, alteration of the property, expansion of parking, storage or other exterior indication of the existence of the home business, except as may be allowed by the underlying zone. Signs may be allowed in accordance with the city’s sign regulations under Chapter 20.132 POMC.
(f) Home businesses shall not involve the use of more than 40 percent or 1,000 square feet, whichever is less, of the combined gross floor area of the principal residential building, garage, and the living area of any accessory structure.
(g) A home business shall not include the following uses: commercial instruction with four or more students, commercial stable, kennel, restaurant, marijuana (processing, production, and/or retail), medical clinic, vehicle detailing, and minor or major vehicle repair.
(h) The home business shall not infringe upon the right of neighboring residents to enjoy the
peaceful occupancy of their homes. No offensive noise, vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to and from the premises shall be produced or generated by the home business.
(i) There shall be no use of electrical or mechanical equipment which would change the fire rating of the structure or which would create visible or audible interference in radio or television receivers or which would cause fluctuations in line voltage outside the dwelling.
(j) In order to better ensure neighborhood compatibility, if a conditional use permit is required by the provisions of this chapter or the land use and development regulatory code, the applicant may be required to install and maintain landscape screening or similar sight obscuring structures such as fencing.
(2) Persons engaged in legal home businesses on the effective date of the ordinance codified in this chapter shall be considered legal, provided the operation is consistent with all of the above-listed standards. Any home business which was legally established but does not currently conform to all those standards may not expand or enlarge and shall be subject to revocation of their business license upon:
(a) Change of use, sale or transfer of the home business, or relocation of the home business to a new location; or
(b) Written complaint of adjacent or nearby resident which clearly establishes that the home business is interfering with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located.
(3) Home business licenses and conditional use permits are not transferable. Any changes to the home business use, sale or transfer of the home business, or relocation of the home business to a new location shall be deemed an abandonment of the license and of any conditional use permit.
(4) The provisions of this chapter shall not apply to the following: bed and breakfast establishments, as defined in Chapter 20.12 POMC; daycare facilities, as defined in Chapter 20.12 POMC.
(5) Any person violating or failing to comply with any of the provisions of this chapter and/or with the provisions of Chapter 5.12 POMC, as applicable, shall be subject to the penalty provisions of POMC 5.12.160 and 5.12.170 now or as hereafter amended. (Ord. 019-17 § 18 (Exh. 1)).
20.60.050 Revocation of home business license.
(1) In addition to any other penalties provided in POMC Title 5, or as otherwise permitted by law, a home business license may be revoked under any of the following circumstances:
(a) The license or licensee qualifies for revocation or suspension as set forth in POMC 5.12.120;
(b) The license or licensee fails to comply with any provisions of a conditional use permit; or
(c) The licensee fails to comply with any provision of this chapter.
(2) If the city receives a complaint from an adjacent or nearby resident that alleges that the licensee is failing to comply with the provisions of this chapter and/or the provisions of any applicable conditional use permit, the city staff shall investigate the complaint and shall give the licensee an opportunity to rebut any claims or complaints.
(3) Upon determination that there is cause for revocation of a home business license by the city, notice shall be sent to the licensee as set forth in POMC 5.12.120(2).
(4) A licensee is entitled to a hearing on revocation of their home business license. A request for a hearing must be received by the city within 15 days of the licensee’s receipt of the city’s notice under subsection (3) of this section. Failure to request a hearing within 15 days shall be deemed a waiver of the licensee’s right to a hearing and shall result in the decision of city staff to revoke the home business license being final.
(5) If a request for hearing is received in accordance with subsection (4) of this section, a hearing on revocation of a home business license shall be handled in the same manner as set forth in POMC 5.12.120(3) through (6). (Ord. 019-17 § 18 (Exh. 1)).