Article 3 — Home Enterprise Permits

The following provisions are intended to allow for the conduct of home enterprises that are incidental to and compatible with surrounding residential uses in compliance with requirements for renewable permits and operating standards as necessary to protect the health, safety and welfare of the City. A home enterprise represents a legal business enterprise conducted by a bona-fide occupant of the dwelling.

The Home Enterprise Permit and procedures assist in the purpose of improving legal opportunities to promote home-based occupations which may capitalize on the rapidly advancing telecommunications and computer technology that encourages and facilitates home office type work, as well as improve other legal self-employment and entrepreneurial opportunities for the residents of the City. Homebased work also contributes to the regional goals for reductions in vehicle trips and vehicle miles traveled that serves to improve air quality and relieve traffic congestion. (§ 1, Ord. 666-NS, eff. September 15, 2001)

1. A home enterprise use application shall not be approved by the Director unless it can be reasonably expected over time to be consistent with the intent, purpose and all regulations of this chapter. The application shall contain sufficient information to determine substantial compliance with all conditions and regulations, and, additional information may be required as deemed necessary by the Director, including, but not limited to, a floor plan and/or site plan.

2. The restrictions of this chapter shall not be applicable to a property owner selling the owner's personal household goods from a residential property in conformance with the garage sale requirements of the Municipal Code.

3. A Home Enterprise Permit shall not be required for uses granted a valid Conditional Use Permit in the subject zoning district nor for uses granted valid Council permission in compliance with other articles of the Municipal Code.

4. Business uses that are commonly operated in commercial or industrial zoning districts of the City shall not be allowed as home enterprises unless approved by the Director and the following facts are found to be true:

   • A. The enterprise is of a type of use that cannot operate in a commercial zoning district because of its limited activities;

   • B. To operate the enterprise in a commercial or industrial zoning district would create an undue hardship;

   • C. The enterprise shall not by its nature of the investment or operation have a pronounced tendency, once started, to rapidly increase beyond the limits allowed for home enterprises and thereby substantially impair the use, value, or character of a residential neighborhood; or

   • D. The enterprise is not specifically listed as a prohibited use within the subject zoning district.

5. Home enterprises shall comply with all of the following operating standards:

   • A. The home enterprise shall not alter the appearance of the dwelling unit;

   • B. There shall be no displays, sale or distribution of merchandise on the premises;

   • C. There shall be no signs on the premises other than the address and name of the resident;

   • D. There shall be no advertising that identifies the home enterprise by street address;

   • E. Only the bona-fide permanent occupants of the dwelling may be engaged in the home enterprise;

   • F. The home enterprise shall not generate pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the zoning district in which it is located;

   • G. The home enterprise shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, vegetation growth or insect or vermin infestation that can or may be considered as a nuisance or hazard;

• H. The home enterprise shall be substantially confined to one room and shall not exceed an area equivalent to more than 10% of the gross floor area of the dwelling. Any storage of equipment, supplies or products used in conjunction with a home enterprise shall not encroach or interfere with the normal use as intended or required for any garage or accessory structure. Open space areas (e.g., yards, driveways, patios, etc.) shall not be used in conjunction with any home enterprise or for storage of equipment, supplies or products, used in conjunction with the home enterprise. Exceptions to the maximum area usage and location shall only be made for State or Federal licensing requirements (e.g., for certain residential

care uses), or for other uses or unusual circumstances documented as a special condition of approval with an approved floor plan and/or site plan and as determined by the Director to be consistent with the purpose and intent of this chapter;

• I. The home enterprise use shall not have utility services other than those required for normal residence use;

• J. The home enterprise shall not use mechanical or electrical equipment, or stock material other than that customarily found in the home and associated with a hobby or avocation. Machinery, equipment or stock material that is essential in the conduct of the home enterprise may be used, providing that the machinery, equipment or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard, nuisance or unhealthful condition to any greater or more frequent extent than normally experienced in a residential neighborhood;

• K. The home enterprise use or any associated material or equipment shall not create a significant potential for unhealthy conditions to any of the occupants of the property or the neighborhood;

• L. Only one vehicle shall be used in connection with a home enterprise and no vehicle larger than a one-ton load capacity truck shall be used in connection with a home enterprise. Enterprises that use vehicles that would constitute violations of this section, which vehicles were utilized by the enterprises prior to the effective date of this section, may continue utilizing the vehicles for a period of one year following the effective date of this section;

• M. The home enterprise shall not be a category of industrial homework that is prohibited by State law;

• N. If the home enterprise is a category of industrial homework that is not prohibited by State law, evidence shall be submitted that a valid and existing license and permit has been issued to the employer and industrial home worker (applicant) respectively by the State Division of Industrial Welfare or other appropriate regulatory agencies governing the home enterprise;

• O. If the home enterprise requires a license or permit by any other public agency having jurisdiction by law, evidence shall be submitted that a valid license or permit has been issued to the applicant by the public agency;

• P. The applicant shall sign an affidavit that they are aware of and agrees to all of the requirements and conditions under which approval of the home enterprise is given, and that if any requirements or conditions are violated, the approval shall become void; and

  • Q. The home enterprise shall comply with any special condition(s) established by the Director and made part of the record of the Home Enterprise Permit, as deemed necessary and reasonable to carry out the purpose or intent of this chapter and to protect the health, safety, welfare and character of the City.

6. Home Enterprise Permits are valid for one year only. Permit holders shall apply for a renewal prior to expiration if they wish to continue the home enterprise. Director approval may be granted for periods of up to two years for each subsequent renewal upon demonstration of satisfactory compliance with any applicable operating standards and regulations. A Home Enterprise Permit fee or renewal fee shall be paid. Fees for the processing of applications, issuing and renewing permits and inspections and investigations shall be in compliance with the City's "Schedule of Fees."

7. The permit issued shall not be transferred or assigned, nor shall the permits authorize any person other than those named in the permit to commence or carry on the home enterprise for which the permit was issued.

8. The home enterprise shall not be initiated until a current Business License is obtained from the City License Department.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

Written notice of any Home Enterprise Permit application approval shall be provided by the Director to the property owner. Commencement of the home enterprise use shall not begin until at least seven days after the approval and mailing of the notice of the Home Enterprise Permit. (§ 1, Ord. 666-NS, eff. September 15, 2001)

The Director may revoke or modify a Home Enterprise Permit granted in compliance with the provisions of this chapter after notice and reasonable opportunity to comply. Notice shall be delivered in writing to the applicant and/or owner of the property for which the Home Enterprise Permit was granted.

A Home Enterprise Permit may be revoked or modified by the Director, if any one of the following findings can be made:

1. The use has become detrimental to the public health, safety, welfare or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

3. The use for which the permit was granted has ceased or was suspended for six or more months;

4. The condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the purpose or intent of this chapter;

5. The home enterprise being carried on is different from that for which the permit was issued;

6. One or more of the operating standards or any special conditions of the Home Enterprise Permit have not been met; or

7. The use or property is in violation of any statute, ordinance, law or regulation. (§ 1, Ord. 666-NS, eff. September 15, 2001)

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

1. Article 22 of this chapter Applications and Fees 2. Article 23 of this chapter Hearings and Appeals

• (§ 1, Ord. 666-NS, eff. September 15, 2001)