Chapter 18.96
HOME OCCUPATIONS

Sections:

18.96.010 Purpose.

18.96.020 Permit procedures.

18.96.030 Criteria for minor home occupations.

18.96.040 Criteria for major home occupations.

18.96.050 Prohibited home occupations.

18.96.060 Time limitation.

18.96.070 Revocation of permits.

18.96.010 Purpose.

The purpose of this chapter is to (1) allow home occupations that are compatible with the neighborhoods in which they are located and (2) regulate other home occupations in accordance with the impact on the neighborhoods in which they are located. (Ord. 92-08 § 2, 1992)

18.96.020 Permit procedures.

A. Home occupations complying with the criteria established in BIMC 18.96.030 shall be considered minor and permitted in all zones in which residences are permitted. Administrative review by the planning department will commence upon the city’s receipt of a business license application to determine compliance with this chapter.

B. Home occupations complying with the criteria established in BIMC 18.96.040, criteria for major home occupations, shall commence only after the issuance of a conditional use permit as outlined in Chapter 18.108 BIMC. (Ord. 92-08 § 2, 1992)

18.96.030 Criteria for minor home occupations.

Minor home occupations shall meet all of the following criteria:

A. The business shall be conducted wholly within a residence or an accessory building and is clearly subordinate to the residence;

B. No more than one person who is not a resident of the dwelling shall be employed in the home occupation;

C. The property shall not be altered. No expansion of the parking area is allowed beyond that required for the residence. No parking in the setbacks or buffers is allowed;

D. The use shall not generate additional vehicular traffic beyond that typical for the residence and one employee, except that home-based teaching businesses shall be allowed up to 24 student-related trips per day unless the home-based teaching business is located immediately adjacent to and has direct access to a secondary and/or primary arterial street as designated on the adopted street classification map, in which case the business is allowed unlimited student-related trips;

E. Only products produced on-site or incidental to items produced on-site shall be sold, but arranged sales incidental to the home occupation are allowed;

F. No outdoor storage or other exterior indication of the business shall be visible beyond the subject property;

G. Commercial vehicles shall not be used, other than that normally used by the applicant or an employee;

H. A business license from the city shall be obtained as required in BIMC Title 5;

I. No noise, vibration, emissions, dust, odor, heat or glare that would exceed what is normally associated with a dwelling shall be produced by the business beyond the subject property;

J. No structural or decorative alteration is permitted related to the home occupation;

K. Delivery service shall neither restrict traffic circulation nor overload public or private roads; and

L. Except for a two-square-foot wooden sign, no display shall be visible from the exterior of the residence. (Ord. 99-41 § 1, 1999; Ord. 92-08 § 2, 1992)

18.96.040 Criteria for major home occupations.

A. Major home occupations shall be allowed subject to a conditional use permit, and shall meet the requirements set forth in BIMC 18.96.030(E) through (L) and the following requirements:

1. The business, including operations and storage, shall occupy no more than half of the residential gross floor area, which includes all accessory buildings. If the business occupies an accessory building, the square footage of that building shall not be larger than the primary residential building;

2. The building official shall determine the maximum occupancy load of the structure(s) in which the home occupation is proposed; the hearing examiner shall consider this number along with all other pertinent facts and comments in determining the maximum number of employees allowed on the premises to work in the home occupation at any one time;

3. The subject property shall not be altered except to install screening or buffers or to provide parking for no more than four vehicles. No parking in setbacks and buffers shall be allowed;

4. No more than three vehicles shall be parked on or in the vicinity of the property as a result of the business at any one time;

5. On-site sales shall be limited to items produced on the premises or incidental to the major home occupation; and

6. Accessways shall be accessible to emergency vehicles.

B. Major home occupations include, but are not limited to the following:

1. Home occupations that do not meet all of the criteria in BIMC 18.96.030, criteria for minor home occupations;

2. Auto repairing, vehicle detailing, and vehicle, boat or trailer painting and major appliance repair;

3. Commercial welding and machine shops. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.96.050 Prohibited home occupations.

Because the following uses have a pronounced tendency to expand beyond the limits permitted for home occupations, and to impair the use and value of residential structures, the uses are better suited to commercial zones and are not considered home occupations:

A. General retail sales, such as eating and drinking establishments;

B. Funeral chapel or mortuary;

C. Heavy machinery storage not part of an agricultural use. (Ord. 92-08 § 2, 1992)

18.96.060 Time limitation.

Minor home occupations shall be permitted to continue as long as the use continues to comply with the criteria that were in effect at the time of original approval and as long as the business complies with local and state regulations, such as renewing business licenses as required by ordinance. (Ord. 92-08 § 2, 1992)

18.96.070 Revocation of permits.

A. Upon determination that a violation of a decision criteria or condition of approval may have occurred, the director shall notify the owner of a home occupation of the alleged violation and of the revocation procedures if the business is not brought into conformance within 30 days.

B. If the business is not brought into conformance, a public hearing shall be conducted before the hearing examiner according to BIMC 5.04.080 for revocation of a business license or Chapter 18.108 BIMC for revocation of a conditional use permit.

C. When a permit or business license is revoked, the director shall notify the owner by certified mail of the revocation and the findings upon which revocation is based. (Ord. 92-08 § 2, 1992)