A. Minor Home Occupation: A minor home occupation shall comply with the following standards:
1. Location: Any zone, not excluded below, in which a minor home occupation is a conditional use.
2. Scale: A minor home occupation must fit within the dwelling without expanding the structure or within an existing residential garage or accessory building, and must be incidental to the use of the dwelling as a residence and incidental to the original uses of the residential garage or accessory building.
3. Participants: No persons other than family members living on the property shall be engaged in the minor home occupation.
4. Character: The property upon which the minor home occupation exists shall be kept in a clean, neat, orderly fashion. There shall be no visible evidence of the conduct of a minor home occupation from outside the property except as otherwise allowed by this section.
5. Storage: All materials associated with the minor home occupation shall be contained within the allowed dwelling, garage or accessory building.
6. Display: There shall be no display of products visible from outside the allowed dwelling or accessory structure.
7. Signs: Notwithstanding chapter 7 of this title, there shall be no signs advertising or identifying the minor home occupation.
8. Traffic: Customer, client and/or business traffic shall not exceed five (5) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.
9. Parking: Vehicles owned, leased or operated by the participants of a minor home occupation shall not be parked or stored on the street or in the public right of way.
10. Noise And Other Nuisance Factors:
a. Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.
b. Odors: Odors shall not be detectable from any boundary of a minor home occupation property at any time.
c. Electrical Interference: A minor home occupation shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.
B. Home Occupation: A home occupation shall comply with the following standards:
1. Location: Any zone, not excluded below, in which a home occupation is a conditional use.
2. Scale: A home occupation must fit within the dwelling and must be incidental to the use of the dwelling as a residence. If there is no existing accessory structure one may be built, provided the side walls are no higher than ten feet (10') from the elevation of the floor and the building covers no more than eight hundred (800) square feet in area.
3. Participants: Family members living on the property and a combination of no more than five (5) full time employees are the only persons that may be employed in a home occupation.
4. Character: The property upon which a home occupation exists shall be and kept in a clean, neat, orderly fashion. There shall be no visible evidence of the conduct of a home occupation from outside the property except as otherwise allowed by this section.
5. Storage: All materials associated with a home occupation shall be contained within the allowed dwelling or accessory structure.
6. Display: There shall be no display of products visible from outside the dwelling or allowed accessory structure.
7. Signs: Notwithstanding chapter 7 of this title, one sign not bigger than three (3) square feet in silhouette area, excluding the post, is permitted in association with the home occupation. Colors used shall be muted so as to be unobtrusive and serve only for identification purposes, not advertising purposes. Signs shall meet the setback requirements for the zone, but in no event shall a sign be placed closer than ten feet (10') from any existing road right of way. The top of the sign shall not be higher than eight feet (8') above the ground if freestanding. A sign placed upon the dwelling or accessory structure of the minor home occupation shall not be above the roof/eave height.
8. Traffic: Customer, client and/or business traffic shall not exceed five (5) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.
9. Parking: Vehicles owned, leased or operated by the participants of a home occupation shall not be parked or stored on the street or in the public right of way.
10. Noise And Other Nuisance Factors:
a. Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.
b. Odors: Odors shall not be detectable from any boundary of a home occupation property at any time.
c. Electrical Interference: A home occupation shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.
C. Home Business: A home business shall comply with the following standards:
1. Location: Any zone, not excluded below, in which a home business is a conditional use.
2. Scale: A home business must fit within the dwelling and must be incidental to the use of the dwelling as a residence. If there is no existing accessory building, one may be built, provided the side walls are no higher than ten feet (10') from the elevation of the floor and the building covers no more than two thousand five hundred (2,500) square feet in area.
3. Participants: Family members living on the property and a combination of no more than ten (10) full time employees are the only persons that may be employed in a home business.
4. Character: The property upon which a home business exists shall be and kept in a clean, neat, orderly fashion.
5. Storage: All materials associated with a home business shall be screened from view or contained within the allowed dwelling or accessory structures of the home business.
6. Display: There shall be no display of products visible from outside the allowed dwelling or accessory structures of the home business.
7. Signs: A home business must comply with chapter 7 of this title.
8. Traffic: Customer, client and/or business traffic shall not exceed fifteen (15) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.
9. Parking: Vehicles owned, leased or operated by the participants of a home business shall not be parked or stored on the street or in the public right of way.
10. Noise And Other Nuisance Factors:
a. Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.
b. Odors: Odors shall not be detectable from any boundary of a home business property at any time.
c. Electrical Interference: A home business shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.
D. Application Requirements:
1. Minor home occupations, home occupations, and home businesses are subject to the application requirements in section 6-6-5 of this chapter and shall be reviewed as a conditional use land use action.
2. Notwithstanding the application requirements of section 6-6-5 of this chapter and the public hearing requirements of chapter 11 of this title, an applicant proposing to operate a minor home occupation or home occupation must submit to the planning director a letter of intent to operate and pay applicable fees. After issuance of a public notice as well as notice to nearby landowners and opportunity for comment, the planning director may schedule a public hearing before the planning commission. If, based on public comment, the planning director determines a public hearing is not warranted a letter of authorization to operate may be issued.
3. An application for a business shall be in accordance with the application requirements of section 6-6-5 of this chapter and the public notice and hearing requirements of chapter 11 of this title.
4. At any time during the application process, the planning director may request any additional information relevant to the establishment or operation of a minor home occupation, home occupation, or home business.
E. Prohibitions:
1. The following shall not be permitted:
a. Home businesses in rural residential land use zones.
b. Retail sales, showroom activities, or storefront operations conducted on the site of a minor home occupation, home occupation, or home business.
c. Automotive repair, including engine, body, painting, of more than one vehicle at a time owned by a person not residing at the site, regardless of compensation paid for the service.
d. Outdoor storage associated with auto repair under this chapter of more than one vehicle at a time not owned by a person or persons residing at the site.
e. Household appliance sales, repair, or rehabilitation.
f. Ministorage facilities operated as a minor home occupation, home occupation, or home business.
g. Junkyards operated as a minor home occupation, home occupation, or home business.
h. Nothing in this section authorizes construction of any structure without a building permit and that would not otherwise be allowed in the zone in which the home occupation or business is to be established.
i. Minor home occupations, home occupations and home businesses shall not involve the manufacture or generation of materials deemed hazardous by other local, state, or federal law or regulation. Hazardous materials and hazardous wastes shall be stored in accordance with state and federal laws and regulations.
j. Minor home occupations, home occupations and home businesses shall not be transferred to another person or site without first applying for a new permit.
F. Exclusions: This section shall not apply to:
1. A childcare provider who regularly provides childcare in the provider's home, in the family living quarters, for no more than three (3) children other than the person's own children, or for children from only one family other than the person's own family.
2. Farm or ranch use as defined by ORS 215.203(2) where the business activities of the farm or ranch are conducted in a home or office on the property.
3. Hobby or collection activities associated with automobile or aircrafts, including sales, barters or trades among hobbyist who are in compliance with Malheur County code public nuisance ordinances. (Ord. 184, 10-21-2009)