These regulations are intended to prescribe conditions under
which limited nonresidential activities may be conducted in residential
districts when incidental to residential uses.
"Home occupation"
means an occupation customarily conducted as a secondary
use entirely within a dwelling by the occupant of the dwelling; and
gives no indication of other than residential use, and which is not
detrimental to the residential character of the neighborhood by virtue
of traffic flow, noise, odor or other adverse conditions.
No occupation, trade, business or profession shall be conducted in any residential zone unless a home occupation permit has been duly issued for such use. The planning director may, upon written application without fee, issue a home occupation permit which shall state the home occupation permitted, the locations, and all conditions of approval. The permit may be issued only if the director is satisfied that the applicant's operation will fulfill all conditions and the applicant has agreed, in writing, to continue to fulfill such conditions. In addition to the conditions listed in Section
18.20.030, i
n orde
r to protec
t the public health, safety and welfare, the planning director may establish any special conditions or limitations on the home occupation as is determined to be necessary.
Home occupation permits are subject to revocation by the planning
director after a hearing by the director, following reasonable notice
to the permittee, in the event that zoning regulations applicable
to the premises are amended to prohibit such use, or when evidence
has been produced that one or more of the conditions of the permit
are not being fulfilled, or that any other violation of this chapter
exists. After receiving written notification of violation, holders
of home occupation permits shall, within ten days of such notification,
comply with all applicable city regulations or the home occupation
permit will be subject to revocation after hearing.
In the event of denial of any home occupation permit or the revocation thereof, or if the applicant objects to the limitations placed thereon, a written appeal may be made to the planning commission, whose decision shall be final. Appeals shall be considered by the planning commission in a public hearing which shall be scheduled within sixty days from the filing of the application. Notice of the hearing shall be given as set forth in Section
17.28.090 of the city zoning ordinance. A fee of twenty-five dollars shall be paid at the time of application to cover the expense of appeal procedures. When a home occupation permit has been denied or revoked, no application for the same business shall be accepted for a period of one year from the date of the denial or revocation.
A home occupation permit is not a business license and the granting
of a home occupation permit shall not relieve the holder of any other
requirements of the law or of ordinances of the city pertaining to
business licenses and business taxes.
It shall be the duty of the planning director to enforce all of the provisions of this chapter. Violation of the provisions of this chapter shall be considered a misdemeanor and violators shall, upon conviction, be punishable by a fine or imprisonment as set forth in Section
17.04.070 of the city zoning ordinance.