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)