King City City Zoning Code
CHAPTER 17
77 HOME OCCUPATION PERMIT
§ 17.77.010 Purpose and intent.
Home occupation permits are intended to allow for enterprises that are conducted within homes in specific residential districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. This chapter is established to allow such home occupations to exist, provided the residential character of residential neighborhoods is maintained.
Home occupations encourage and promote efforts to reduce traffic congestion and the generation of pollutants by allowing and recognizing changing work environments, including telecommuting and work-at-home options. Such businesses are allowed in the city subject to the regulations of this chapter.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.020 Authority.
The city manager, or designee, is authorized to approve home occupation permits subject to the appeal provisions of Section 17.77.080. An administrative hearing by the city manager, or designee, shall be required for issuance of a home occupation permit.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.030 Submittal and review requirements.
(a)
Applications for home occupation permits shall include the following:
(1)
Completed planning application form and required one time (unless home occupation is changed) nonrefundable fee and attachments.
(2)
Assessor’s parcel number, a location map, name and address of the property owner and of the person making the application, a radius map showing all the parcels within three hundred feet of property and their owner’s names and addresses, and one stamped legal-sized envelope for each property identified.
(3)
Accurate and detailed description of the proposed use, including, but not limited to, the location for the storage of materials and equipment, total square footage to be utilized for the home occupation, and number of students (if instruction is involved).
(4)
If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the owner approving such use of the dwelling must be submitted with the application.
(5)
Other information may be required by the city manager, or designee, if necessary.
(b)
Upon acceptance of the home occupation permit application, the community development department will review the application and may also refer it to various departments within the city who may request that conditions be attached to the approval of the home occupation permit. City staff may visit the residence. The application is then scheduled for an administrative hearing by the city manager, or designee, at which neighbors or other interested persons may appear to support, object, or simply ask questions about the permit proposal. The community development department will announce the meeting by mailing notices to all owners of property within three hundred feet of the residence of the proposed home occupation permit; and by posting the administrative hearing agenda on the City Hall bulletin board.
The city manager, or designee, shall review the home occupation permit application for compliance with the performance standards listed in Section 17.77.040. The city manager’s, or designee’s, final decision shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.
(c)
Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a city business license, as per Municipal Code Chapter 5.12. (d) Prior to issuance of the home occupation permit and issuance of a business license, the applicant shall sign an agreement with the city acknowledging the performance standards (and any conditions) imposed by this title on such uses and promising to abide by such standards.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.040 Home occupation performance standards.
Home occupations, as defined in Chapter 17.04, Section 17.04.250 (Definitions) of this title, are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood in which they are located. All permitted home occupations must comply with the following performance standards:
(1)
The use of the dwelling for such home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants.
(2)
No persons, other than members of the family who reside on the premises, shall be engaged in such activity.
(3)
There shall be no change in the outward appearance of the building or premises or other visible evidence of the activity. There shall be no window display or outdoor storage of materials or supplies associated with the home occupation. (Storage may be in storage shed no greater in size than one hundred twenty square feet.) See Section 17.77.030(a)(3).
(4)
The use shall not allow customers or clientele to regularly visit dwellings. However, incidental visits may be permitted, such as, but not limited to music lessons, if approved by the city manager, or designee.
(5)
No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties.
(6)
No home occupation shall be conducted in a garage. The garage must be kept clear for the parking of vehicles at all times.
(7)
The use shall not involve storage of materials or supplies in a garage or outside any structures (except in a storage shed no greater in size than one hundred twenty square feet). Reference Section 17.77.030(a)(3). Any hazardous materials to be used in the home occupation shall be listed on the application and material safety data sheets (“MSDS”) shall be provided with the application for each material.
(8)
No signs shall be displayed in conjunction with the home occupation, and there shall be no advertising using the home address.
(9)
A home occupation permit is not valid until a current city business license is obtained and shall be valid only for the person to whom it is issued for one year, to be renewed annually.
(10)
A home occupation shall not occupy more than twenty-five percent of the gross floor area of the ground floor.
(11)
There shall be no motor vehicles used or kept on the premises, except resident’s passenger vehicles or similar vehicle not exceeding one and one-half ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage.
(12)
No utility service to the dwelling shall be modified solely to accommodate a home occupation unless the proper permits and clearances are obtained from the city of King Building and Safety Department.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.050 Required findings.
The city manager, or designee, may approve a home occupation permit application only if all of the following findings of fact can be made in an affirmative manner:
(1)
The requested home occupation is not prohibited pursuant to the provisions of Section 17.77.060.
(2)
The requested home occupation permit will comply with all performance standards specified in Section 17.77.040.
(3)
The issuance of the home occupation permit will not be detrimental to the public, health, safety, or general welfare.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.060 Prohibited home occupation uses.
The following uses, either by operation or general nature, are considered not to be incidental to or compatible with, residential activities and therefore shall not be permitted as home occupations:
(1)
Automotive and other vehicle repair (body or mechanical), upholstery, painting or storage;
(2)
Barber and beauty shop;
(3)
Carpentry and cabinet making;
(4)
Welding and machine operation;
(5)
Medical offices, clinics and laboratories;
(6)
Animal hospitals and grooming facilities;
(7)
Contractor’s storage yards; provided, however, that the parking of one vehicle not exceeding one and one-half ton carrying capacity may be permitted;
(8)
Exercise studios;
(9)
Musical, dancing, and educational instruction having more than three students at any one time and more than three classes per day;
(10)
Junk yards;
(11)
Other uses the city manager, or designee, determines to be similar to those listed above.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.070 Violations.
A permittee who violates any of the performance standards listed in Section 17.77.040 of this chapter, or any permit conditions, may be subject to the fines and penalties as established by resolution of the city council and/or permit revocation pursuant to the provisions of Chapter 17.02, Section 17.02.080.
(1)
Notification. The permittee will be notified by U.S. Postal Service certified mail that the home occupation permit use is in violation of the performance standards of this code or the conditions of approval specific to the permittee’s home occupation permit.
(3)
Revocation of Permit.
(A)
Revocation—Grounds. Any home occupation permit granted in accordance with the terms of this title may be revoked by the planning commission in the manner hereinafter set forth, if any of the conditions or terms of such permit are violated.
(B)
Revocation—Hearing. Before the revocation of a home occupation permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten calendar days in advance of such hearing.
(Ord. 676 § 1 Exh. A, 2008)
§ 17.77.080 Appeal provisions.
During the fifteen-day appeal period after the city manager’s, or designee’s decision is made, the applicant or any other interested party may appeal in writing to the city clerk (after paying the appeal fee) the decision to the planning commission. The planning commission decision can be appealed in writing to the city clerk during the fifteen-day appeal period (after paying appeal fee) to the city council. The permit applicant may also appeal any of the conditions that are attached to the permit. The city council is the appeal board with respect to any actions taken by the commission as specified in Section 2.12.040 of the municipal code.
(Ord. 676 § 1 Exh. A, 2008)