Chapter 15.17
Home Occupations

Sections:

15.17.010 Home Occupations as Permitted Uses

15.17.020 Regulation of Home Occupations

15.17.030 Sales Exempt from Regulation

15.17.040 Special Home Occupation Permits (SHOP)

15.17.050 Home Occupations Subject to Code Enforcement Action

15.17.010 Home Occupations as Permitted Uses

Home occupations shall be permitted as an accessory residential use so that certain activities may be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in a UL or UM zone, or any zone in which dwellings are present. The home occupation shall be conducted in such manner that the residence shall not differ from its residential character in either the use of colors, materials, construction, storage, lighting, signs or emissions of sounds, noise, vibrations or odors. (Ord. 92-1041 § 1)

15.17.020 Regulation of Home Occupations

Home occupations shall be required to have a business license pursuant to Ordinance No. 90-1039 and amendment thereof, and shall then be permitted, providing that each such home occupation meets the following criteria:

A.  Is carried on exclusively by a member(s) of a family residing in the dwelling unit and no more than two (2) nonresident employees with approved on-site parking;

B.  Is clearly incidental and secondary to the use of the property for dwelling purposes with the floor area devoted to the home occupation not exceeding twenty-five percent (25%) of the living area of the dwelling unit (not to include the grounds, out-buildings, garage, unfinished basement, or other areas not prepared for normal dwelling purposes);

C.  Has no display or sign other than an unlighted display or sign no larger than two (2) square feet attached to an existing structure;

D.  Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property;

E.  Does not require truck delivery or pick-up not common to a residential dwelling;

F.  Does not involve installation and use of heavy equipment, large power tools, or power sources not common to a residential dwelling, or any other usage which creates a level of noise, vibration, smoke, dust, odors, heat or glare beyond that which is common to a residential area;

G.  Does not create a level of parking demand beyond that which is normal to a residential area;

H.  Does not include automobile, truck or heavy equipment repair, body work or painting; nor parking or storage of heavy equipment including trucks over one ton load capacity, unless within a fully enclosed building; nor outside storage of used parts of vehicles and used machinery in an inoperable condition; nor outside storage of building materials such as lumber, plasterboard, pipe, paint or other construction materials unless being used to construct a specific structure on the premises, pursuant to City permits;

I.  Does not involve production, generation, storage or use of hazardous waste, as defined by the State Department of Ecology;

J.  Involves only sales which are an incidental use and which do not constitute regular retail sales on the premises. (Ord. 92-1041 § 1)

15.17.030 Sales Exempt from Regulation

Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses shall not be considered home occupations subject to regulation pursuant to SMC 15.17.020; provided, that any such use shall not be in existence for more than twenty (20) days in any one (1) calendar year, and shall not be in violation of any other chapter in this code, or City ordinance; and provided further, that any such garage sales and yard sales involve only the sale of household goods, none of which were purchased for the purpose of resale. (Ord. 92-1041 § 1)

15.17.040 Special Home Occupation Permits (SHOP)

A.  Special home occupation permits may be granted by the City Hearing Examiner for any uses providing that not less than eight (8) of the ten (10) criteria set forth in SMC 15.17.020 shall be met, except that compliance with Criteria (I) thereof shall be required.

B.  In considering applications for special home occupations permits, the Hearing Examiner shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit (SHOP) shall be authorized by the Hearing Examiner unless he finds that the authorization of the SHOP will:

1.  Not be materially detrimental to the public welfare;

2.  Not have adverse impact on adjacent properties in the zone or vicinity in which the subject property is located; and

3.  Be consistent with the spirit and purpose of this chapter and code.

C.  In authorizing a SHOP, the Hearing Examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance, operation and extent of open spaces in addition to those expressly set forth in this chapter and the code, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

D.  In addition, the Hearing Examiner may allow the applicant for a special home occupation permit a reasonable period of time, not to exceed one (1) year, in which to bring the home occupation into compliance with existing zoning regulations and the conditions imposed by the Hearing Examiner.

E.  A public hearing shall be conducted on all applications for a SHOP. The hearing shall be held in the same manner as provided by appeals in SMC 15.22.065. (Ord. 92-1041 § 1)

15.17.050 Home Occupations Subject to Code Enforcement Action

In addition to any and all rights of inspection, access and enforcement contained in Chapter 15.32 SMC, the City is authorized to enforce any and all provisions of this chapter. (Ord. 92-1041 § 1)