The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary residential use and is compatible with the residential character of the neighborhood. This chapter provides for home occupations within residential zones to be permitted through an administrative conditional use permit process.

(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 9, 1/5/2016; Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 2, 10/18/1980)

Should any of the provisions or definitions of any other chapter of Title 17 conflict with or overlap any of the provisions or definitions of this chapter, whichever imposes the more stringent regulations shall prevail.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 3, 10/18/1980)

Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, repealed § 17.17.012 entitled, "Definitions,"which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 § 8 (part), adopted Oct. 11, 2002; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2265 § 2, adopted Sept. 19, 1983; and Ord. 2103 § 4, adopted Oct. 18, 1980.

An administrative conditional use permit in accordance with the provisions of this chapter is required for all home occupations occurring in residential use districts except those exempted pursuant to PAMC 17.17.030. A home occupation use is an administrative conditional use permit as defined in PAMC 17.08.020(I).

(Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 8 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 5, 10/18/1980)

The following home occupations shall be exempted when all the development standards in section 17.17.040 and specific conditions applicable to each use are met:

A.

Authors, composers, writers.

B.

Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, provided:

1.

No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time;

2.

No outside storage of materials or equipment, except hand-carried tools, on the premises;

3.

Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.

C.

Family day-care homes that provide day-care during part of the 24-hour day to 12 or fewer children incidental to a primary residential use.

D.

Retail and wholesale salespersons, business representatives, provided:

1.

No customers visit the premises;

2.

No products, except samples, are stored on the premises;

3.

Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.

(Ord. 3137 § 1, 2/24/2003; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 16, 9/27/1991; Ord. 2103 § 6, 10/18/1980)

All home occupations shall comply with the following development standards:

A.

There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles and as listed in PAMC 17.17.030.B.3), and no other indication or appearance of a business that would detract from the residential character of the area.

B.

If the operation is the type where customers or clients come to the home, the Director of Community and Economic Development shall determine the number of visitations per day that is compatible with the area.

C.

If customers or clients visit the home, the hours of operation shall be from 9:00 a.m. to 5:00 p.m., unless otherwise specified by the Director of Community and Economic Development.

D.

If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development shall determine the number of students per day that is compatible with the site and surrounding area.

E.

Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Director of Community and Economic Development; provided that the number of non-family employees shall not exceed one.

F.

On-premises retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted.

G.

Home occupations shall be conducted in whole or in part in the dwelling unit but not entirely in an accessory building unless otherwise specified by the Director of Community and Economic Development; provided, that the dwelling unit and accessory building in which the home occupation is conducted shall occur on the same parcel.

H.

The number of off-street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval.

(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2265 § 3, 9/19/1983; Ord. 2103 § 7, 10/18/1980)

The application for a home occupation use shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Mailing labels shall be provided by the applicant.

(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 8, 10/18/1980)

Upon receipt of an application satisfying the requirements of section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 9, 10/18/1980)

The Director's decision shall be in written form with findings based upon compliance with sections 17.17.010, 17.17.040 and the following criteria:

A.

That the home occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas.

B.

That the home occupation does not significantly increase local vehicular or pedestrian traffic.

C.

That the home occupation shall not be injurious or detrimental to adjoining or abutting properties.

D.

That the home occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest.

E.

The Director of Community and Economic Development decision shall include a condition that home occupations be forwarded to the Public Works and Utilities Department for the determination of utility charges.

(Ord. 3272, 2/16/2007; Ord. 2911 § 3, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 11, 10/18/1980)

Persons with demonstrated physical handicaps may be permitted special review by the Director of Community and Economic Development. Such applicant may request waiver of development standard sections 17.17.040.E and/or F. No waiver of the criteria of section 17.17.080 will be considered.

(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 12, 10/18/1980)

In addition to the criteria of section 17.17.080, the Director of Community and Economic Development shall base his decision on a special review upon the following criteria:

A.

The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 13, 10/18/1980)

A.

Once a home occupation use has been approved, it shall not be transferred to another person or to a location other than as stated on the permit.

B.

The initial time limit on approved home occupation uses shall not exceed one year, after which time extensions may be granted as provided in this chapter.

(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 16, 10/18/1980)

A.

Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council.

B.

Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision.

C.

The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.

(Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)

A.

Extensions of approved home occupation uses shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met:

1.

The use complies with the permit conditions; and

2.

There have been no significant, adverse changes in circumstances.

B.

Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the home occupation use, said use shall be automatically extended for 90 days to allow the City to review and process the extension request.

(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)

Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050.

(Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 18, 10/18/1980)

A.

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense.

B.

In addition to the criminal penalty of subsection A. hereof, any person operating under an exemption authorized by any portion of this chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a home occupation use pursuant to the provisions of section 17.17.050. Failure to apply for and obtain an administrative conditional use permit for a home occupation use pursuant to section 17.17.050 shall subject the person to the penalty specified in subsection 17.17.310.A.

(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 19, 10/18/1980)

A.

Home occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this chapter and not having a home occupation use in accordance with the provisions of this chapter shall, within 90 days after the effective date of this chapter, initiate an administrative conditional use permit application. After the 90-day period, the home occupation shall be considered to be in violation of this chapter.

B.

Time extensions of administrative conditional use permits for home occupation uses lawfully established prior to the effective date of this chapter shall not be approved unless the home occupation complies fully with this chapter.

(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000)