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Auburn City Zoning Code

18.60 Home

Occupations

18.60.010 Purpose.

The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.)

18.60.020 Requirements.

Home occupations are required to have a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions. A home occupation shall meet all 11 of the requirements below. Home occupations not able to meet all 11 but not less than nine of the requirements below shall require a special home occupation permit per ACC 18.60.040:

A. Employees. Only members of the immediate family residing on the premises and no more than two nonresidents may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site;

B. Mechanical Equipment. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type);

C. Occupied Floor Area. Offices, mercantile, food preparation for off-site consumption, personal care salons or similar uses which are conducted primarily by the occupants of the dwelling unit and are secondary to the use of the unit for dwelling purposes, and which do not exceed 500 square feet of the primary residence or accessory structure except for bed and breakfasts;

D. Structural Alterations. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. Internal or external renovations to an accessory structure may be permitted; existing structures shall be subject to plan review;

E. Commercial Vehicles. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day;

F. Off-Street Parking. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040;

G. Signage. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district;

H. Animals. No more animals are maintained on the premises than what may otherwise be permitted in the zone;

I. Hours of Operation. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation:

1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday;

2. Customers from 9:00 a.m. to 6:00 p.m.;

J. Vehicle Trips. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client/delivery trips per day;

K. Outdoor Storage. Outdoor storage of materials, goods, products or equipment is not allowed. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6419 § 6, 2012; Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2, 1987.)

18.60.030 Exemptions.

The following activities that may occur at the owner or renter of the primary residence or accessory structure shall be exempt from the requirements of this chapter. To qualify for the exemption, the sale, use, or event shall not operate for more than 20 days in any one calendar year or in violation of any other provision of this code. Garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.

A. Temporary sales including bake sales, garage sales, yard sales, estate sales;

B. Temporary home boutiques or bazaars for handcrafted items;

C. Parties for display and sale of domestic products. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.)

18.60.040 Special home occupation permit.

A. Special home occupation permits are required and must be granted by the planning director or designee for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (K), but in no case shall any home occupation meet less than nine of the 11 requirements:

1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes);

2. Personal service shops;

3. Music and dancing studios;

4. Craft classes/creative art: including, but not limited to, ceramics, painting, recording studios (unless the home-based business is solely used for office purposes);

5. Animal grooming;

6. Home occupations that can only meet nine or 10 of the 11 requirements as outlined in ACC 18.60.020(A) through (K).

B. In considering applications for special home occupation permits, the planning director or designee shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the planning director or designee unless the planning director or designee finds that:

1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and

2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title.

C. In authorizing a special home occupation permit, the planning director or designee may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

D. An application for special home occupation permit shall be reviewed in accordance with ACC Title 14 as a Type I decision, subject to the additional provisions of this section. The planning director or designee shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection (D)(2)(b) of this section, in which case the hearing examiner will make the final decision.

1. A notice of application pursuant to ACC 14.07.020 is required;

2. Following the closure of the public comment period required by ACC 14.07.040, the planning director or designee shall:

a. Review the information in the record and render a decision pursuant to the procedural requirements of ACC Title 14; or

b. Within 10 days following the closure of the public comment period, forward the application to the hearing examiner for a public hearing and final decision in accordance with Chapter 2.46 ACC if the planning director or designee determines one or more of the following conditions exist:

i. Public comments indicate a substantial degree of concern, controversy, or opposition to the proposal; or

ii. A public hearing is necessary to address issues of vague, conflicting, or inadequate information; or

iii. The application raises sensitive or controversial public policy issues; or

iv. A public hearing might clarify issues involved in the permit decision.

3. When a public hearing before the hearing examiner is deemed necessary by the planning director or designee:

a. The city shall provide written notice to the applicant within 10 days following the closing of the public comment period that the application is forwarded to the hearing examiner for public hearing and decision pursuant to the procedural requirements of this chapter. The notice shall specify the reason the application is being forwarded to the hearing examiner;

b. Processing of the application shall not proceed until any supplemental fees set forth in the city of Auburn fee schedule are received; and

c. The application shall be deemed withdrawn if the supplemental fees are not received within 30 days of the applicant notification by the city. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6141 § 1, 2007; Ord. 4304 § 1(44), 1988; Ord. 4229 § 2, 1987.)

18.60.050 Businesses not permitted as home occupations.

The following uses shall not be permitted as home occupations:

A. Automobile and motorcycle repair and body work (to include painting);

B. Automobile services, including stereo installation, car alarms and detailing;

C. Heavy equipment repair and maintenance;

D. Hazardous materials processing, testing, or manufacturing within residentially used structures and their accessory uses in commercial and industrial zones. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6141 § 1, 2007.)

18.60.060 Termination.

A. A home occupation may be terminated, revoked or suspended as provided for in and in accordance with the regulations for termination, revocation or suspension in ACC Title 5.

B. Notwithstanding any other provisions of this chapter or of the city code, a home occupation may be immediately terminated if the city finds that the home occupation is being conducted in a manner which is detrimental to the public health or safety. In the event of such immediate termination, the operator of the home occupation shall be advised that they shall have the right to request a public hearing on the propriety of such immediate termination, which public hearing, if requested, shall be conducted in the same manner as provided in ACC 18.70.040. (Ord. 6982 § 1 (Exh. 1), 2025; Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987. Formerly 18.60.050.)