The City of Cheney recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the city believes that the need to protect the residential character of residential areas is of paramount concern. In essence, the objective of this chapter is to allow limited commercial-type activity in residential areas only to the extent that no neighbors or passersby will be aware, by outward appearance, of the activity.

(Ord. No. S-14, § 1(part), 2000)

Home occupations shall be permitted in any residential zone, providing they meet the performance standards in section 21.59.040.

(Ord. No. S-14, § 1(part), 2000)

The following home occupations are prohibited in all residential zones:

(1)

Animal hospitals;

(2)

Dancing studios, exercise studios;

(3)

Mortuaries;

(4)

Private clubs;

(5)

Restaurants;

(6)

Stables or kennels;

(7)

Automobile body shops or repair shops;

(8)

Occupants involving explosives or other hazardous materials in accordance with the Cheney Fire Code;

(9)

Taverns;

(10)

Adult entertainment establishments;

(11)

Adult bookstores;

(12)

Massage parlors, except licensed massage therapists;

(13)

High-density energy loads that exceed 5 kW.

(Ord. No. X-31, § 8, 7-10-2018; Ord. No. T-84, § 9, 2005; Ord. No. T-01, § 1, 2002; Ord. No. S-14, § 1(part), 2000)

A.

Home occupations shall meet these standards:

1.

The legislative intent as set forth in section 21.59.010.

2.

No materials or equipment shall be permitted which would be detrimental to the residential use of nearby residences such as vibration, noise, dust, smoke, odor, interferences with radio or television reception and other factors detrimental to residential uses.

3.

Traffic generated which exceeds the following standards shall be prima facie evidence that the activity is a primary business and not a home occupation:

a.

The parking of more than two (customer vehicles) at any one time;

b.

More than eight clients, customers, noncommercial deliveries, or combination thereof, coming to the site each day;

c.

The use of loading docks or other mechanical loading devices;

d.

Home occupations shall have no more than one delivery per week by commercial motor vehicles.

4.

The activity shall be clearly incidental to the use of the residence as a dwelling and does not change the residential character of the dwelling or neighborhood, and is conducted in such a manner as not to give any outward appearance of a business in the ordinary meaning of the term.

5.

Signs for home occupations shall be located on the premises. One sign, unlighted and attached to the building, which shall not exceed one square foot in area, may be permitted.

6.

Employment in a home occupation shall be limited to persons residing in the dwelling unit, plus one nonresident employee, where the home occupation is conducted.

7.

There shall be no exterior indication of the home occupation or variation from the residential character of the principal or accessory buildings except for a sign in conformance with this chapter.

8.

The home occupation does not involve construction features not customary or incidental in a dwelling unit.

9.

The entrance to the area used for the home occupation shall be only from an entrance customary to a residential use and not exceeding four feet in width at its opening.

10.

There shall be no outside storage of materials or equipment to be used in conjunction with the home occupation.

11.

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. or later than 10:00 p.m.

12.

There shall be no window display nor shall sample commodities be displayed outside the residence except that horticulture and floriculture products grown on the premises may be so displayed.

13.

There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the profession or craft.

14.

The area of the home occupation shall not exceed 15 percent of the total floor area of all structures on the lot including accessory buildings, attached garages, and basements.

(Ord. No. W-22, § 100, 4-22-2014; Ord. No. T-84, § 10, 2005; Ord. No. S-14, § 1(part), 2000)

Any home occupation, which lawfully exists on the effective date of the ordinance codified in this chapter, shall be allowed to continue operation in accordance with Chapter 21.52.

(Ord. No. S-14, § 1(part), 2000)