In addition to the objectives set forth in Section 17.01.030, home occupation permits are included in the Zoning Ordinance to achieve the following purposes:

A.

To support economic opportunities and encourage the development of small locally owned businesses by allowing certain commercial activities to be conducted by the occupants of residential dwellings.

B.

To protect the character of residential districts and the health and safety of the community by establishing performance standards for the conduct of home occupations.

C.

To implement and promote the goals and policies of the general plan so as to guide and manage home occupations in accordance with such plan.

(Ord. 463 § 11(part), 2002).

A.

A home occupation may be conducted in any dwelling unit, or in an accessory structure on the same site, by the occupant of such dwelling unit, only upon the granting of a home occupation permit by the planning director pursuant to this chapter.

B.

No person, other than the person to whom the home occupation permit is issued, shall be authorized to conduct the home occupation. Home occupation permits shall constitute personal licenses granted to the individual applicant for the permit and may not be sold, transferred or assigned to any other person, nor shall such permits run with the land. If granted, the home occupation permit shall be effective only with respect to the particular property identified in the permit and may not be transferred or used for the conduct of a home occupation at any other location.

(Ord. 463 § 11(part), 2002).

A.

Application for a home occupation permit shall be made by the occupant to the planning director on such form as the planning director shall prescribe. The application shall be accompanied by payment of a filing fee established from time to time by resolution of the city council. The planning director may request the applicant to submit any additional information or documents the planning director deems necessary in order to evaluate the impacts of the proposed home occupation, and until such items are furnished, the application shall not be considered complete.

B.

Within thirty (30) days after receipt of the completed application, the planning director shall either grant or deny the home occupation permit. The permit may be granted subject to any conditions imposed by the planning director, and may be granted only for a specified period of time. The planning director shall give written notice to the applicant of the decision rendered by the planning director and such decision shall become effective as of the date of the notice.

(Ord. 463 § 11(part), 2002).

No home occupation permit shall be granted unless the planning director finds and determines that the proposed activity will be conducted in compliance with each of the following performance standards as may be applicable:

A.

The home occupation shall be conducted entirely within an enclosed structure; provided, however, the planning director may grant an exception to this standard if the planning director determines that the activity to be conducted outside of the structure:

1.

Shall not create a nuisance or in any way adversely affect neighboring properties or the public welfare; and

2.

Shall not create the appearance of a nonresidential use on the site.

B.

A home occupation conducted in a garage shall not reduce the parking required for the building site.

C.

The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located.

D.

The home occupation shall not involve employees at the site other than those who reside at the dwelling unit; provided, however, the planning director may grant an exception to this standard if the planning director determines that:

1.

Occasional trips to the site by employees who generally work off the premises do not exceed the trip generations that would normally be expected for single family dwellings; and

2.

There are sufficient parking places available for employees visiting the; and

3.

Vehicles and equipment used by employees who generally work off the premises are not stored at the site.

E.

Commercial vehicles making deliveries to or from the premises shall be no larger than a step-van or similar vehicle normally used for making small package deliveries to residential neighborhoods.

F.

Stock in trade may be kept on the site provided the stock in trade is sold off the premises or by limited appointment.

G.

The home occupation shall not be conducted and the premises shall not be altered or used in a manner that would give the dwelling unit the appearance of a nonresidential use.

H.

No mechanical or electrical equipment shall be used on the premises which causes undue noise, electrical interference, or other adverse impact upon any adjacent properties.

I.

Signs for the home occupation shall comply with the regulations set forth in Chapter 17.36.

J.

The home occupation shall not involve the use of any toxic, hazardous, flammable, or other material or waste that may cause a threat to the public health or safety.

(Ord. 463 § 11(part), 2002).

A.

The planning director shall retain continuing jurisdiction over the home occupation permit and may, at any time, modify or revoke the permit, upon the occurrence of any of the following events:

1.

The home occupation is being conducted in violation of any condition of the home occupation permit, or in violation of any provision of this chapter or any other applicable statute, ordinance, rule or regulation of any governmental authority; or

2.

The activity being conducted is materially different from the activity described in the application for the home occupation permit; or

3.

The home occupation, as conducted, does not comply with any of the applicable performance standards set forth in Section 17.44.050 of this chapter, or is otherwise found to be detrimental to the public health, safety or general welfare.

B.

In the event the planning director proposes to modify or revoke the home occupation permit, the director shall give a written notice of intent to the permittee and afford the permittee a period of at least ten (10) days to request a hearing before the planning director to protest the intended action. If no hearing is requested within the specified time, the planning director may proceed with the action described in the notice. If a hearing is requested, the planning director shall fix a time and place for the hearing, which shall be not less than ten (10) days after the director's receipt of the request. Following the conclusion of the hearing, the planning director shall issue to the permittee a written decision containing the findings of the director and the action taken with regard to the modification or revocation of the home occupation permit.

(Ord. 463 § 11(part), 2002).

Any decision or determination by the planning director pursuant to this chapter may be appealed to the planning commission in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. 463 § 11(part), 2002).