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The purpose of the home occupation provisions is to permit the conduct of a business in the residential districts. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence. (Ord. 2077 § 1, 1989: Ord. 1000 § 34.00, 1955)
The following criteria shall be used to determine a valid home occupation:
A. There shall be no employment of persons other than the resident family of the dwelling. The individual primarily responsible for the home occupation shall live in the dwelling.
B. There shall be no material or equipment used that is not recognized as being part of the normal practices in the residential district.
C. There shall be no direct sales of products or merchandise from the home, except for produce (fruit or vegetables) grown on the subject property.
D. The home occupation shall not allow customers or clientele to visit the dwelling. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the community development director.
E. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.
F. The home occupation shall not involve the use of advertising signs on the premises, or any other local advertising media which calls attention to the fact that the home is being used for business purposes, telephone number listing excepted.
G. No more than ten percent (10%) of the total square footage of the dwelling or one room of the dwelling, whichever is less, shall be employed for the home occupation. Use of the garage for the home occupation may be permitted if such use does not obstruct required parking.
H. No accessory building or space outside of the main building shall be used for the home occupation. No outdoor storage, including the storage or parking of vehicles associated with the use, shall be permitted.
I. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sound, noise, vibrations, or other visible evidence of the activity.
J. There shall be no increase in the use of utilities (including water, sewer, electricity and garbage collection) or community facilities so that the combined total use for the dwelling and home occupation does not exceed that normal to the use of the property for residential purposes.
K. Use of the United States postal service in conjunction with a mail order home occupation shall be done by means of a post office box.
L. A home occupation permit is not valid until a current city business license is obtained.
M. If an applicant is not the legal property owner of property where a home occupation is to be conducted, notarized written permission from the property owner approving use of the dwelling must be submitted with the application. (Ord. 2244 § 1, 1994: Ord. 2077 §§ 2, 3, 4, 1989: Ord. 1000 § 34.10, 1955)
In cases where the planning department considers the application not within the scope of the home occupation criteria, the applicant will be so informed; whereon, if the application is accepted, it shall be signed by the applicant to the effect he was so informed. (Ord. 1000 § 34.20(B), 1955)
A. Applications for a home occupation shall be filed with the planning department in a manner prescribed by the community development director. Upon acceptance of a home occupation, the community development director, or their designee, shall review the request for compliance with the above conditions. Following a review period, the community development director shall render a decision. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Immediately following the effective date of an approved home occupation, when no appeal has been filed, the applicant shall obtain a city business license.
B. The decision of the community development director shall be final unless an appeal is taken to the planning commission as provided for in section 18.160.100 of this chapter. Such decisions shall not become effective for ten (10) days from the date that the written decision has been made and notice thereof mailed to the applicant. A copy of the decision shall be forwarded to the planning commission. Following the denial of a home occupation, no application for a home occupation for the same or substantially the same home occupation on the same site shall be filed within six (6) months from the date of denial. (Ord. 2244 § 2, 1994: Ord. 2077 § 5, 1989: Ord. 1000 § 34.20(C), 1955)
A. If a public hearing is requested, then notices shall be mailed not less than ten (10) days prior to the first available planning commission meeting date. Notices shall be mailed to owners of property within a one hundred foot (100') radius of the external boundaries of the property described in the application.
B. The decision of the planning commission shall be final unless an appeal is taken to the city council as provided for in section 18.160.100 of this chapter. Such decision shall not become effective for ten (10) days from the date that the written decision has been made and notice thereof mailed to the applicant. A copy of the decision shall be forwarded to the city council. (Ord. 2077 § 6, 1989: Ord. 1000 § 34.20(D), 1955)
A. The initial time limit shall not exceed one year, such time limit to be granted to the nearest business licensing expiration date occurring during the year.
B. Home occupation permits shall be renewed annually with the annual renewal of the city business license. The fee for annual renewal of the home occupation permit, as set by the city council, shall be paid in conjunction with the renewal of the city business license.
C. The annual renewal of the home occupation permit shall include a signed statement from the applicant identifying the continued compliance with section 18.160.020 of this chapter. (Ord. 2244 § 3, 1994: Ord. 2077 § 8, 1989: Ord. 1000 § 34.20(F), 1955)
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