Chapter 20.616

   HOME OCCUPATION PERMIT

Sections:

20.616.010 Purpose.
20.616.020 Application procedure.
20.616.030 General provisions.
20.616.040 Additional provisions for mobile businesses.
20.616.050 Review by director.
20.616.060 Modification or revocation by the planning commission.

      20.616.010 Purpose.
      A. The purpose of the home occupation permit provisions is to permit the establishment and operation of businesses within residential neighborhoods, in a way to minimize any impacts of the businesses on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling or accessory structure, without in any way changing the appearance or condition of the residence or the surrounding neighborhood.
      B. No home occupation may occur and no permit for a home occupation shall be issued unless the procedures and criteria specified in this chapter are satisfied. It is the applicant’s responsibility to review any applicable codes, covenants and restrictions (CC&R’s) which may limit the establishment of a home based business. (Ord. 763, 1996;  Ord. 719, 1995; Ord. 641, 1994;  Ord. 343, 1980;  Ord. 167, 1968)   

      20.616.020 Application procedure.
      A. An application for a home occupation permit shall be filed with the community development department, along with a fee as established by resolution.
      B. The community development department, shall review the request for a home occupation permit to ensure compliance with the criteria for operations established in this chapter. In rendering a decision, the director shall clearly state, in writing, any conditions of approval or reasons for denial. (Ord. 763, 1996; Ord.  719, 1995; Ord. 641, 1994; Ord. 343, 1980; Ord. 167, 1968)   

      20.616.030 General provisions.
Home occupations may be permitted on all residential, agricultural and forest and range properties, provided that the use is operated pursuant to the following conditions of operation:
      A. The home occupation shall be incidental and secondary to the use ofthe dwelling for residential purposes. Home occupations shall be conducted entirely within the dwelling unit or the accessory structure with the exception of incidental storage of vehicles or trailers.  No vehicles or trailers shall be visible nor shall noise be audible, or otherwise noticeable, from adjoining properties.
      B. No signs relating to the home occupation shall be allowed. Customers or clients may come to the residence, however, only on an appointment basis.
      C. Home occupation permits are valid only for the persons and residence approved by the county and are nontransferable. For parcels less than five acres in size, no one other than a resident of the dwelling shall be employed at the premises in the conducting of a home occupation. For parcels of five acres or greater, in addition to the resident employees, three additional employees may be employed at the residence. These provisions do not preclude a business owner, such as a general contractor, from having additional employees provided that those employees do not come to the residence for business purposes.
      D. No dwelling shall be built or altered in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a non-residential use is conducted. There shall be no entrance or exit specifically provided or marked on the dwelling for the conduct of the home occupation.
      E. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure. There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration or noise noticeable beyond the property line.
      F. Home occupations involving manufacturing or fabrication of materials or the receiving of customers on an appointment basis must meet the minimum life safety provisions of the Uniform Building Code for the specified occupancy type.
      G. No home occupation shall interfere with the maintenance of any required parking spaces including those located within a garage or carport.
      H. No vehicles, trailers or construction equipment, except those normally incidental to a residential use shall be parked so as to be visible from a public right-of-way. The home occupation shall not cause, involve or result in the outside storage of construction materials including, but not limited to electrical material, plumbing material or lumber. Home occupations shall not involve the use or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.
      I. The home occupation shall not generate vehicular traffic or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.
      J. If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the county.
      K. No home occupation shall involve automobile repair, body work, upholstering or similar automobile-related activity, nor shall it involve the handling, packaging or processing of food products. (Ord. 801, 1997; Ord. 763, 1996; Ord. 719, 1995; Ord. 641, 1994; Ord. 343, 1980; Ord. 167, 1968)   

      20.616.040 Additional provisions for mobile businesses.
      Home occupation permits for mobile businesses may be permitted, provided that the mobile business is operated pursuant to the conditions of operation described above in section 20.616.030, in addition to the following conditions which specifically apply to mobile businesses:
      A. The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.
      B.  Any automotive-related services shall be limited to cleaning, detailing, and minor replacement or repair to glass or accessory parts; no mobile business operating under a home occupation permit shall be permitted to conduct auto repair, auto body or engine work, except on an emergency roadside repair basis.
      C. No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.
      D. No work shall be conducted on county-owned property, including parks, parking lots, or public rights-of-way. (Ord. 801, 1997; Ord.  763, 1996; Ord. 719, 1995)   

      20.616.050 Review by director.
      The director may periodically review any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.  If, after review, the director deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. (Ord. 763, 1996; Ord.  719, 1995; Ord. 641, 1994; Ord. 343, 1980)   

      20.616.060 Modification or revocation by the planning commission.
      A. If the director determines that the home occupation is not being conducted in compliance with the requirements of this chapter, the director shall notify the operator of the home occupation of the date for a public hearing on the operator’s compliance with this chapter.  Such notice shall be sent by certified mail and shall state that the planning commission will be reviewing the home occupation permit for possible modification or revocation.  It shall also state the date, time and place of the hearing.  The public hearing shall be conducted and notice given in accordance with chapters 20.20 and 20.24.
      B. The director shall investigate fully the evidence and prepare a report to the planning commission regarding the reported violation of the home occupancy requirements.  A copy of the report shall be sent to the operator of the home occupation.  Upon conclusion of the hearing per chapter 20.24, the planning commission shall make one of the following determinations and take such accompanying action:
            1. Find that the home occupation permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or
            2. Find that the home occupation permit is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or,
            3. Find that the home occupation permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business.  Upon making this determination, the planning commission shall revoke the home occupation permit and order the operation to cease and desist in the time specified by the planning commission. (Ord. 801, 1997; Ord. 763, 1996; Ord. 719, 1995; Ord. 641, 1994; Ord. 343, 1980)