It is the intent of this chapter to provide for certain limited
types of commercial or professional activities in conjunction with
the use of a single-family and multifamily dwelling unit, provided
that such activities are of a limited nature which will have no adverse
effect on the neighborhood.
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Prior to the initiation of any home occupation, a home occupation
permit shall be obtained from the Director and must be renewed on
an annual basis.
The Director may grant a home occupation permit upon the finding that all of the criteria in Section
16.327.020 are and can continue to be met, and may include such conditions as necessary to assure compliance with the criteria in Section
16.327.020. The Director's decision may be appealed to the Planning Commission. Such appeal must be submitted in writing with reference made to the criteria in Section
16.327.020 which are questioned.
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All home occupations and limited commercial uses shall meet
the following criteria:
A. The
limited business or home occupation use is merely incidental to the
primary use of such dwelling unit for residential purposes.
B. The
person conducting the business or home occupation actually resides
within the dwelling where located.
C. Not
more than one room or an area not to exceed 300 square feet shall
be used for a permitted activity.
D. There
shall be no employment of persons outside the resident family except
for one nurse or receptionist or one draftsman or stenographer or
other clerical aide.
E. All
permitted home occupation activities shall be conducted in an fully
enclosed building, except that occasional or seasonal swimming instruction
may occur in outdoor residential swimming pools.
F. No
portion of any garage or carport shall be used for limited business
or home occupational purposes, except work or storage areas in addition
to required parking spaces. Any reduction in required parking spaces
shall be prohibited.
G. There
shall be no sales of goods or merchandise on the premises, except
by telephone or catalog and delivered off premises.
H. The permitted use shall not be injurious to the use of the neighborhood property for residential purposes by reason of noise, odor, radio, or other electrical interference, or excessive parking or traffic problems. Upon a finding by the Planning Commission that any home occupation by virtue of its location, extent, or other specific findings, has become a detrimental factor sufficient to cause blight or other detrimental impact upon a neighborhood, this use shall be abated as provided for in Chapter
16.406 of this title.
I. No
display or advertising shall be allowed upon said premises except
a nameplate, not over one square foot in area, and stating only the
name of the proprietor and his or her profession or calling.
J. The
appearance of the structure shall not be so altered, nor shall the
operation of any occupation within the structure be such that the
structure may be reasonably recognized as serving a nonresidential
use (either by color, materials, or construction, lighting, signs,
sounds or noises, vibrations, etc.).
K. There
shall be no use of utilities or community facilities beyond that normal
to the use of the property for residential purposes.
L. All
equipment, tools and materials used in a home occupation shall be
stored or parked in an enclosed building. No exterior storage shall
be permitted without approval of the Director of Community Development.
M. Applicants
requesting home occupations for catering, food handling, minor baking
and cooking for public consumption shall provide written evidence
of being licensed and held in good standing by state or county agencies
regulating such activities/professions prior to the issuance of the
home occupation. All such activities shall also comply with all other
criteria applicable to home occupations.
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Fees shall be established by resolution of the City Council.
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The following uses are prohibited as home occupations as they
are not compatible with a residential neighborhood because of their
potential to create a nuisance or hazardous condition:
B. Repair
on the premises of major appliances such as machine washers, dryers,
stoves, dishwashers, and motorized garden tools such as lawnmowers,
chainsaws and leaf blowers, and similar appliances and equipment.
D. Vehicle
related services on the premises such as, but not limited to, automobile
repair, maintenance, dismantling, embellishment, cleaning, installation,
manufacturing, or towing vehicles.
F. Providing
personal services such as beauty, hair, skin care, and nail services
on the premises.
G. Any
use which requires a hazardous materials permit from the Fire Department.
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