(a) Potential Concerns.
(1) Type of business.
(2) Noise and odor.
(3) Hours of operation.
(4) Proximity to schools.
(5) Customer access.
(b) Conditions.
(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) 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 if such operations can be conducted entirely within the space approved for the home occupation.
(3) Only one (1) person other than residents of the home in which the operation will be conducted may be engaged in the operation. The Planning Commission may, at its sole discretion, allow more than one (1) person outside the home to be engaged in the business if the applicant can adequately demonstrate to the Planning Commission 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.
(4) The maximum total floor area of the home to be utilized for a home occupation is twenty-five percent (25%) of the entire floor area of the structure. To calculate the total floor area, only the main living area of the home is counted. Garages, as well as unfinished basements or attic areas, are not counted towards the total floor area. Where there are two (2) or more dwelling units attached, the calculation of the total floor area is limited to the area of the dwelling unit in which the operation will be located. Use of an electronic device, such as a phone or computer, in an area of the home will not count towards the twenty-five percent (25%) calculation.
(5) Where such uses are proposed for rental properties, the operator of the proposed business must provide the City with written evidence showing that the property owner has given permission for the proposed use to be operated. The operator and owner should both consult with their respective insurers to determine if such operations require additional insurance coverage.
(6) There must be no change in the outside appearance of the building or premises indicating that a business activity is taking place at the property. Signage must comply with Chapter 1109.
(7) The use of accessory structures, except for as storage, including attached and detached garages, is prohibited without explicit approval by the Planning Commission. 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 his/her application that the use of such structures can be undertaken in compliance with all applicable city, state, or federal codes.
(8) The Home Occupation must 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.
(9) Parking for the Home Occupation must be adequate and comply with the City of Kent parking regulations.
(10) Any operations to be undertaken as part of a Home Occupation must be safe for the occupants of the subject dwelling unit, any attached or detached dwelling units on the subject property, adjacent properties or other legal uses. There must be no electrical interference, noise, fumes, odors, or other noxious omissions generated by the home occupation.
(11) Home occupations are not transferable and do not run with the land. All home occupations and conditional zoning certificates expire upon the sale, transfer, or lease of the property to a new owner or tenant.
(12) If there is evidence that a previously approved Home Occupation is not being operated in compliance with the provisions contained in this Code and the approved site plan or with any other applicable codes, the City may consider the revocation of the Conditional Zoning Certificate.
Home occupations are permitted no more than one (1) unlighted name plate not more than one (1) square foot in area announcing the name of the home occupation.
(Ord. 2021-057. Passed 6-16-21.)