Lacey City Zoning Code
16.69 Home
Occupations
16.69.010 Intent.
It is the intent of this chapter to:
A. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal/family income;
B. Protect residential areas from potential adverse impact of activities defined as home occupations;
C. Establish criteria and development standards for the use of residential structures or dwelling units for home occupations. (Ord. 583 §2.28(A), 1980).
16.69.020 Defined.
“Home occupation” means any activity conducted for financial gain or profit in a dwelling unit, and which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed; such activity is clearly incidental or secondary to the residential use of a dwelling unit; and is conducted only by persons residing in the dwelling unit. Provided, however, that neither the conduct of a garage sale nor the operation of a family day care home as defined in Chapter 16.65 LMC is defined as a home occupation. (See Chapter 5.34 LMC.) (Ord. 927 §18, 1992; Ord. 583 §2.28(B), 1980).
16.69.030 General requirements.
A. Home occupations shall occupy not more than twenty-five percent of the total floor area of the residence. In no event shall such occupancy exceed four hundred square feet, nor shall an accessory building for such home occupation exceed four hundred square feet, nor shall the total floor area in the residence and/or an accessory building exceed four hundred square feet.
B. Any occupation which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation.
C. Home occupations shall comply with all other local, state, or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this chapter shall not be construed as an exemption from such regulations.
D. Vehicle repair, alteration or rebuilding shall not be permitted as a home occupation.
E. Any person engaging in a home occupation shall register as a business under Chapter 5.12 LMC, and shall be subject to the provisions of the business and occupation tax levied by Chapter 3.02 LMC. (Ord. 583 §2.28(C), 1980).
16.69.040 Permitted where.
A. Home occupations are permitted as a matter of right in any residential district provided that:
1. No exterior structural alterations are made to accommodate the occupation;
2. No merchandise or stock in trade is sold or displayed on any exterior portion of the premises;
3. No equipment or material is stored, altered or repaired on any exterior portion of the premises;
4. No person or persons other than bona fide residents of the dwelling unit are employed in the home occupation.
B. A home occupation which fails to comply with all the preceding provisions shall require a conditional use permit. (Ord. 583 §2.28(D), 1980).
16.69.050 Development and performance standards.
A. Home occupations shall emit no noise, air pollutants, waste products or other effects detrimental to the environment or the neighborhood beyond those normally emanating from residential use.
B. Home occupations which require a conditional use permit shall comply with the following conditions:
1. Exterior structural alterations or additions or the use of accessory buildings for home occupations shall be so designed and built as to maintain or preserve the residential character of the premises. In no event shall such structural alterations or additions exceed the development standards permitted for structures in the zoning district in which the premises are situated;
2. Traffic generated by home occupations shall not exceed two commercial vehicles per week. Parking of customers’ or clients’ vehicles shall create no hazard or unusual congestion;
3. Off-street parking spaces shall not be reduced in size or number below the minimum required in the district, nor used for any purpose other than parking;
4. When merchandise, material or equipment is stored, altered, repaired or displayed, such storage, alterations, repairs or displays shall be entirely within the residential structure or in an accessory building which meets the criteria of LMC 16.69.050(B)(1), except as provided in LMC 16.57.060;
5. Employment of no more than two persons who are not bona fide residents of the premises is prohibited. (Ord. 583 §2.28(E), 1980).
16.69.060 Violations and complaints.
The enforcing officer shall be responsible for the enforcement of this chapter and for the correction of any violations.
The enforcing officer shall act on his own initiative when violations are detected or suspected by him, and shall take appropriate investigative and corrective actions, when warranted, if a complaint is filed in writing by any person who feels aggrieved or damaged by such alleged violation. (Ord. 583 §2.28(F), 1980).