The purpose of this chapter is to permit limited types of businesses that may be conducted in residences and dwelling units and still protect the character and integrity of residential neighborhoods and districts. Home occupations are limited to those which may be conducted on residential lots, without in any way changing the appearance of the residential nature of the area. The home occupation is the use of a portion of a dwelling for a commercial enterprise. A definition of what constitutes a home occupation can be found in Chapter 18.08 OMC.

Home occupations shall be subject to the following standards:

Prior to the conducting of a home occupation or issuance of a business license and/or registration therefor by the city, a person desiring to conduct a business not otherwise designated as an allowed use in the underlying zoning district as a home occupation, shall apply to the administrator for approval of such home occupation, on a form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall determine if the proposed home occupation is above or below the threshold of an administration home occupation. Applicants that have demonstrated compliance with this title as an administration home occupation shall be issued a certificate of such compliance by the administrator. With other applications the administrator shall send notice of such application to all landowners within 200 feet of the proposed location thereof, and shall assure that the property is posted with notice of such application. Such notices shall include the right of all interested persons to make written comments to the administrator regarding such application. Not less than 15 days nor more than 30 days after mailing and posting of such notice, the administrator shall determine if the proposed home occupation meets all the requirements and standards set forth in this title, and shall issue a home occupation permit or attach reasonable conditions to the permit designed to assure compliance with this title and a certificate thereof to the applicant or a written decision to the applicant denying such home occupation permit.

For the purposes of enabling this chapter, the permit administrator is empowered and directed to review applications for home occupation permits as a hearing examiner and may apply reasonable conditions in the same manner, scope and limitations as a conditional use permit. Appeals of any action of the permit administrator relating to the application of this chapter shall be heard and may be affirmed, modified or overturned as provided for elsewhere in this title.

All decisions relating to the review of applications, issuance and/or revocation of permits for home occupations shall be supported by a written finding of fact and conclusions issued by the administrator. Said documents shall be attached to the file and kept in the records of the city.

No later than 10 days after issuing a written decision on an application, notice of such action shall be forwarded to the applicant and any person filing a request for notice on the application and the city clerk. Said notice shall include the decision and related finding of fact and conclusion and the rights to and the procedure for appealing such decision.

The administrator may void any home occupation permit for noncompliance with any of the standards listed in OMC § 18.68.020 or any applied condition set forth when the application was approved. Such voided home occupation permits may only be reauthorized by the application and review as described in OMC § 18.68.030.

In the event that a home occupation is abandoned or inactive for a period in excess of two years, said permits shall be deemed a discontinued permit. Such discontinued home occupation permits may only be re-authorized by the application and review as described in OMC § 18.68.030.

The following uses by their nature have a tendency to expand beyond the limits of a home occupation or to otherwise impair the residential nature and value of the neighborhood, and shall be ineligible for classification as a home occupation: