Chapter 19.54 — HOME OCCUPATION PERMITS

Section Page 19.54.010 Purpose ....................................................................................................... IV-19.54-1 19.54.020 Application ................................................................................................. IV-19.54-1 19.54.030 Operating Standards ................................................................................... IV-19.54-1 19.54.040 Prohibited Home Occupation Uses ............................................................ IV-19.54-3 19.54.050 Revocation ................................................................................................. IV-19.54-3

These provisions allow for the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling.

The conduct of a home occupation requires the approval of the Director who may establish conditions to further the intent of this Chapter. An application for a Home Occupation Permit shall be on a form prescribed by the Director and shall be filed with the Department pursuant to Chapter 19.32 (Applications and Fees).

No home occupation permit shall be required for an in-home educational activity including, but not limited to, music lessons, academic tutoring, or religious instruction, provided that no more than 5 students are present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit nor Certificate of Occupancy shall be required for a business using the owner(s) or any partner(s) home as its business address provided: 1) that there is no signage at the home address; 2) there are no building materials stored at the home address; 3) that no manufacturing takes place at the home address; and, 4) that in the course of doing business, no employees or customers appear at the home address to transact business.

Home occupations shall comply with all of the following operating standards:

1. No person shall operate or engage in a home occupation without first obtaining a Home Occupation Permit in accordance with the provisions of this Chapter, and no business license shall be issued to the operator of a home occupation until a valid Home Occupation Permit is issued pursuant to the provisions of this Chapter. Notwithstanding the foregoing, in the event a business license is issued for a home occupation for which no Home Occupation Permit has been issued, such fact shall in no way affect the application and requirement of this Chapter;

2. Notwithstanding the foregoing, no Home Occupation Permit shall be required pursuant to this Chapter if the person engaged in the performance of work as an employee for an entity whose principal place of business is located elsewhere and the use of the dwelling generates no

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HOME OCCUPATION PERMITS – 19.54

pedestrian or vehicular traffic beyond that customarily associated with the use of the dwelling for residential dwelling purposes;

3. A separate Home Occupation Permit shall be required for each home occupation being conducted within a dwelling;

4. The home occupation shall not alter the outward appearance of the dwelling unit;

5. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

6. There shall be no signs other than the address and name of the resident;

7. There shall be no advertising which identifies the home occupation by street address;

8. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. It shall not occupy an area equivalent to more than 15 percent of the total square footage for the dwelling. The garage located on the premises may be utilized for storage of equipment, materials or supplies used in connection with the home occupation provided such storage does not use any space in the garage required for offstreet parking. The use shall not involve storage of materials or supplies in any carport, accessory structure(s) or outside any structures;

9. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one (1) vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation;

10. The home occupation shall not encroach into any required parking, setback, or yard;

11. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

12. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

13. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

14. Only the occupants of the dwelling may be engaged in the home occupation;

15. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

16. No home occupation shall be initiated until a current business license is obtained, pursuant to Title 5 of the Municipal Code;

17. A Home Occupation Permit shall not be transferable;

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18. If the home occupation is to be conducted on rental property, the property owner or authorized representative shall provide written authorization for the proposed use prior to the submittal for a Home Occupation Permit; and

19. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this Chapter.

The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

1. Barber and beauty shop;

2. Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

3. Carpentry and cabinet making;

4. Medical and dental offices, clinics, and laboratories;

5. Mini storage;

6. Repair, fix-it, or plumbing shops;

7. Storage of equipment, materials, and other accessories to the construction and service trades;

8. Vehicle repair (body or mechanical), upholstery, and painting;

9. Welding and machining; and

10. Any other use determined by the Director to be not incidental nor compatible with residential activities.

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

1. That the use has become detrimental to the public health, safety, or traffic, or constitutes a nuisance;

2. That the permit was obtained by misrepresentation or fraud;

3. That the use for which the permit was granted has ceased or was suspended for 6 or more consecutive calendar months;

4. That 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 meaning and intent of this Chapter;

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5. That 1 or more of the conditions of the Home Occupation Permit have not been met; or

6. That the use is in violation of any statute, ordinance, law, or regulation.

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INTERPRETATIONS – 19.56