(a)

This chapter describes the criteria and conditions to be met in obtaining a home occupation permit. A home occupation permit may be approved by either the city planning director or the hearing examiner.

(b)

It is the intent of this chapter to recognize the needs of people who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation cannot be expanded to full-scale enterprises. (Examples: supplemental retirement income, juvenile self-employment, single parents who must support and remain at home with preschool children, etc.) It is the intent of this chapter that full-scale commercial or professional operations, which would ordinarily be conducted in a commercial or industrial district, continue to be conducted in such districts and not at home.

(Ord. 783 §2, 1994).

It is unlawful for any person or individual, company, corporation or association or any other entity to engage in a home occupation as defined in Section 17.08.126 within the city limits without first having obtained a permit in compliance with the provisions of this chapter. The permit shall not be transferred, nor shall it be valid at any address other than the one appearing on the permit. The permit is in addition to the annual business license required under Chapter 4.01 MLMC.

(Ord. 783 §3, 1994).

(Ord. No. 1070, § 15, 7-5-2022)

A home occupation must meet the following minimum conditions:

(1)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use as a residence.

(2)

The applicant must register with the Washington State Department of Revenue, or furnish proof that they are exempt from registering with said Department of Revenue.

(3)

No structure in which a home occupation is conducted or is proposed to be conducted will be altered or remodeled in any manner that would detract from the residential character of a home or accessory building.

(4)

No person, other than immediate residents of the structure plus a maximum of one outside employee working at the residence at any one time, may be employed in the home occupation.

(5)

There shall be no exterior or window displays, signs, storage of materials, or sample commodities displayed outside of the premises, with the exception of one nonilluminated business sign not to exceed one square foot in area.

(6)

No materials or equipment shall be permitted which would be detrimental to the residential use of nearby residences by causing vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(7)

Materials or commodities may be delivered to or from the home occupation between the hours of seven a.m. and six p.m. Monday through Saturday.

(8)

No parking shall be allowed beyond that normal in a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation. Designated or additional off-street parking may be required depending on the business.

(9)

The hours of operation for a home occupation shall be limited to seven a.m. to ten p.m., Monday through Saturday, unless otherwise stipulated by the planning official or the hearing examiner, as appropriate.

(10)

Buffers or screens will be provided when deemed necessary by the planning official and/or the hearing examiner to reduce potential impacts to adjacent properties.

(11)

Such use shall conform to all other requirements specified in this chapter, as well as any special conditions imposed on the home business by the planning official or the hearing examiner, as appropriate.

(12)

Bed and breakfast facilities shall require a minimum of one additional off-street parking space per unit with adequate ingress and egress to every space. Each parking space shall be improved with an impervious surface subject to the approval of the city public works director and shall comply with minimum dimensional and square footage requirements as stipulated in Chapter 17.36 of this Code.

(13)

Bed and breakfast facility applicants shall furnish proof of compliance with all standards and specifications of the Spokane County health district prior to operation, or furnish proof that they are exempt from any standards or specifications by the Spokane County health district.

(Ord. 783 §4, 1994).

(Ord. No. 1130, § 58, 11-19-2024)

(a)

Home occupation includes, but is not necessarily limited to, the following:

(1)

Dressmaking, seamstresses, tailors;

(2)

Artists and sculptors;

(3)

Authors and composers;

(4)

Resident owned and operated beauty and/or barbershops;

(5)

Home crafts, such as model-making, rug weaving, lapidary work and cabinet making;

(6)

Office facility of a minister, rabbi or priest;

(7)

Office facility of a salesman, sales representative or manufacturer's representative;

(8)

Office facility of a professional;

(9)

Repair shop for household items;

(10)

Telephone answering or soliciting;

(11)

Computer programming and small-scale repair;

(12)

Home cooking and preserving;

(13)

Bed and breakfast facility; and

(14)

Arts instruction (not more than eight students at one time).

(b)

Additional permitted uses may be allowed which meet the intent of this chapter, if not specifically prohibited by Section 17.45.050 of this chapter.

(Ord. 783 §5, 1994).

Those uses not identified or described in this chapter are prohibited, including, but not limited to:

(a)

Clinics or hospitals;

(b)

Mortuaries or funeral homes;

(c)

Commercial print shops;

(d)

Rental of trailers;

(e)

Restaurants or cafes;

(f)

Stables or kennels;

(g)

Vehicle repair or auto detailing shops;

(h)

Outdoor storage of building or construction materials not intended for immediate use in or on the premises; and

(i)

Family child stay care homes providing services for over twelve children.

(Ord. 783 §6, 1994).

Exemptions to this chapter include, but are not necessarily limited to, the following:

(a)

Family child day care services for up to twelve children at any one time including those children living in the home provided:

(1)

Such homes shall comply with all building, fire and health codes,

(2)

Obtain all required licenses including a business license from the city for such a business,

(3)

The lot size, building size, setback and lot coverage shall conform to the standard of the zoning district in which it is located unless such structure is a legal nonconforming structure,

(4)

Such use shall meet the parking requirements of Chapter 17.36 relating to off-street parking,

(5)

No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences will be allowed. Each family day care home shall be limited to one flush-wall sign having a maximum area of one square foot;

(b)

Preschools, provided the operator complies with all of the criteria as stipulated in subsection (a) of this section;

(c)

Newspaper delivery; and

(d)

Garage and yard sales as long as the sale involves only the sale of household goods, none of which were purchased for the purpose of resale; the sale does not continue for more than three consecutive days in any calendar month; and is not in violation of any other provisions of this code.

(Ord. 783 §7, 1994).

Wherein a home occupation occupies less than twenty-five percent of the gross floor area of the primary residence and the accessory buildings, the home occupation permit will be processed through a Type II review with the planning official making the final decision. The Type II review process is found in MLMC Section 19.27.030, Type II reviews.

Wherein a home occupation occupies more than twenty-five percent, but less than fifty percent of the gross floor area of the primary residence and the accessory buildings, the home occupation permit will be processed through a Type III review with the hearing examiner making the final decision. The Type III review process is found in MLMC Section 19.270.040, Type III reviews.

(Ord. 783 §8, 1994).

(Ord. No. 1130, § 58, 11-19-2024)

A permit issued under this chapter to conduct a home occupation is revocable upon a determination by either the city planning director or the hearing examiner that there has been a violation of any condition imposed by this chapter on home occupations.

(a)

In the event of an alleged violation, a written notice describing the violation and the corrective measures that must be taken shall be mailed by the city planning director to the permit holder. The permit holder shall, within twenty-one days of the mailing of the notice of violation, comply with all of the conditions imposed by the notice or show cause why the permit should not be revoked.

(b)

Upon revocation of the permit, a written notice of the revocation shall be sent by certified mail by the city planning director to the permit holder together with a written statement of findings upon which the revocation is based and notice of the appeal procedures.

(c)

Appeal of the revocation of a permit shall follow, the same set forth in Section 17.45.070 regarding the city planning director's denial of a home occupation permit.

(Ord. 783 §9, 1994).

(a)

Any person who violates any of the provisions of this chapter or any order or decisions of the city entered pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Section 1.10.110, as presently enacted or hereafter amended.

(b)

The instigation of misdemeanor proceedings in accordance with subsection (a) of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions or compliance with this chapter.

(Ord. 783 §10, 1994).

Editor's note— Sec. 60 of Ord. No. 1130, adopted November 19, 2024, which pertained to public hearing notification, and derived from Ord. 783, 1994; and Ord. 876, 1999.

Any home occupation in the city in operation on the effective date of the ordinance codified in this chapter shall be granted a special property use permit for the operation of such existing home occupation upon application therefor. Such special property use permit shall be for the operation of the home business as it existed on the effective date of the ordinance codified in this chapter.

(Ord. 783 §12, 1994).