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The following requirements apply to Home Occupations:
a) The types of uses permitted as home occupations shall be controlled by the following factors:
1) Such uses should be generally related to the provision of services to persons or other entities which can be controlled through appointments or other scheduling.
2) Any retail operation to be conducted on the premises should be restricted to those type of operations where customers can be scheduled for appointments rather than just being open generally to the public as walk-in traffic.
3) The repair of equipment, vehicles or other machinery is generally prohibited except that small items such as personal computers and small appliances may be repaired as long as such operations can be conducted entirely within the space approved for the home occupation.
b) Not more than one (1) person other than residents of the home in which the operation will be conducted shall be engaged in the operation. The Planning Commission, may at its sole discretion allow more than one person outside the home to be engaged in the business if it can be shown that the engagement of the additional individuals in the operation will not adversely affect the surrounding neighborhood and can be adequately accommodated in regard to on-site parking.
c) The total floor area of the home to be utilized for a home occupation should not exceed more than 25% of the entire floor area of the structure. For the purpose of calculating the total floor area, only the main living area of the home shall be counted. Garages as well as unfinished basements or attic areas shall not be counted towards the total floor area. In situations where there are two or more dwelling units attached, the calculation of the total floor area shall be limited to the area of the dwelling unit in which the operation will be located.
d) Where such uses are proposed for rental properties, the operator of the proposed business shall provide the City with written evidence showing that the property owner has given permission for the proposed use to be operated. It is suggested that the operator and owner both consult with their insurers to determine if such operations require additional insurance coverage.
e) There shall be no change in the outside appearance of the building or premises indicating that a business activity is taking place at the property. Signage is permitted and limited to the provisions set forth for home occupations in Chapter 1165 of the Kent Zoning Code.
f) The use of accessory buildings, including attached and detached garages is generally prohibited. The Planning Commission, at its sole discretion, may allow the use of these types of structures upon request by the applicant in such cases where the applicant can demonstrate to the Planning Commission that such use is not detrimental to the inhabitants of the subject property or the surrounding neighborhood, and where the applicant can demonstrate as part of their application, that the use of such structures can be undertaken in compliance with all applicable City, State or Federal codes.
g) The Home Occupation shall not generate an unreasonable amount of traffic for the neighborhood in which it is located, in a significantly greater volume than what is normally experienced. The Planning Commission will carefully evaluate this component based on substantive evidence presented to it during its review of any such application.
h) Parking for the Home Occupation should be adequate and contained on the site of the proposed use. On-street parking generally should not be counted toward meeting the parking need, unless the on-street parking is located within a commercially zoned or utilized area and the City permits such parking. Where rental properties are involved, the parking to be utilized for the home occupation must be in addition to the on-site parking required by the zoning code for the use of the tenants, including the occupants of the dwelling unit being used by the home occupation.
I) Any operations to be undertaken as part of a Home Occupation shall be safe to the occupants of the subject dwelling unit, any attached or detached dwelling units on the subject property and adjacent homes or other legal uses. There shall be no electrical interference, noise, fumes, odors or other noxious omissions generated by the home occupation.
j) Persons or other entities operating a Home Occupation shall obtain all necessary approvals and permits required by law prior to starting the operation. Where the Home Occupation is a conditionally permitted use, Planning Commission approval of a Conditional Zoning Permit is required and shall be issued in accordance with Chapter 1107 of this Zoning Code. In order to gain this approval, the operator of the proposed Home Occupation shall provide the City with a written letter addressing subsections a) through I) above as well as any supporting documentation required. The proposed use shall be fully described including anticipated hours of operation and the extent to which the operation will utilize space within the home. Upon a finding that the proposed use is consistent with the provisions for a Home Occupation, the Planning Commission may issue a Conditional Zoning Permit and attach any additional conditions to the approval deemed appropriate. The Planning Commission may request additional information as needed to make a final determination of approval, if necessary. The Planning Commission may deny any request which it believes to be noncompliant with the provisions for a Conditional Zoning Permit and state the reasons for denial.
In cases where the Home Occupation is a permitted use, the Community Development Department may review and approve the proposed Home Occupation using the same submission requirements and criteria as stipulated herein. The Community Development Department will issue a ZoninPermit to the applicant when such uses are approved.
(Ord. 2011-15. Passed 03-16-11)