(A) Generally.
(1) The purpose of this section is to encourage those who are engaged in small commercial ventures that do not conform to the provision for an administrative home occupation that allow home occupations as outright permitted uses that do not require a conditional use permit. This section provides a process for more intense home occupations to be allowed with conditional use permit approval by the Planning Commission and notice to surrounding property owners.
(2) These home occupations may be permitted, with conditions of approval when appropriate, in order to increase the benefits of people working and living in the same place, while protecting neighboring residents from adverse impacts of home occupation activities. These benefits to the business owner and to the general public include: reduced number of commute-to-work trips; day-time “eyes on the street” at the residence; and a neighborhood-scale version of mixed residential and commercial uses.
(B) Approval process and criteria.
(1) Home occupation permit. Applications for proposals that cannot meet all of the standards required for an administrative home occupation shall be processed as a conditional use procedure, as governed by §§ 155.070 through 155.077 of this chapter using the approval criteria in division (B)(2) below. In addition to the application requirements for a quasi-judicial procedure, the applicant shall provide:
(a) A written narrative or letter:
1. Describing the proposed home occupation;
3. Demonstrating compliance with the criteria in division (B)(2) below.
(b) A site plan, not necessarily to scale but with accurate measurements, of the lot proposed for the home occupation, including:
1. The property lines and their dimensions;
2. Outlines of the foundations of all buildings proposed for home occupation use with dimensions for each wall, and the distances from each wall to the nearest property line;
3. Boundaries and dimensions of driveways and parking areas, indicating areas for use by home occupation employees and customers;
4. Outlines of the foundations of abutting residences, and the distances from the shared property line to the nearest wall of each neighboring residence; and
5. Identifying the buildings and areas of those buildings in which home occupation activities will take place, and identifying which activities will take place in which buildings and areas.
(2) Criteria. The Planning Commission shall approve, approve with conditions or deny an application for a conditional use home occupation based on all of the following criteria:
(a) The proposed use will not be materially detrimental to the stated purposes of applicable code requirements and to other properties within a radius of 100 feet of the subject property;
(b) Impacts to surrounding properties may exist but can be mitigated; and
(c) Existing physical and natural systems, such as, but not limited to, drainage, natural resources and parks, will not be adversely affected any more than would occur if the development occurred in compliance with an administrative home occupation.
(Prior Code, § 16.085.010) (Ord. 445, passed 5-15-2017)