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Shady Cove City Zoning Code

HOME OCCUPATIONS

§ 154.290 PURPOSE.

   Many types of businesses begin in the home, or are part time or small in scale and can be operated from the home very conveniently and without disruption of the residential character of the neighborhood. This section is intended to provide guidelines and requirements for these types of uses so that they can be carried out without adverse effects.
(Ord. 225, passed 10-20-1994, § 23.1)

§ 154.291 APPLICATION.

   (A)   No person(s) shall commence or carry on a home occupation in any residential zoning district of the city without either:
      (1)   Continuously meeting the standards of § 154.292; or
      (2)   Obtaining Planning Commission approval of a C.U.P. for that purpose.
   (B)   Home occupations that meet the standards of § 154.292 are listed as "permitted uses" in all residential zoning districts of the city. Home occupations that do not meet the standards of § 154.292 shall be processed in accordance with the requirements of §§ 154.395 through 154.404 and shall be operated, following approval, in accordance with the standards of § 154.293.
   (C)   Home occupation conditional use permits shall be approved for the applicants only, shall not run with the land and may not be transferred to another property without Planning Commission approval of a new C.U.P application and public hearing.
   (D)   Application for a conditional use permit shall be made in accordance with § 154.399, except that a floor plan of the structure may be substituted for the site development plan if the used is to be conducted within the home.
(Ord. 225, passed 10-20-1994, § 23.2)

§ 154.292 STANDARDS FOR OPERATION OF A HOME OCCUPATION AS A PERMITTED USE.

   (A)   The home occupation shall be conducted only by members of the household who reside in the dwelling. No additional persons shall be employed in the business, unless those employees work elsewhere and not within the dwelling or on the same property.
   (B)   The home occupation shall be conducted solely within the residential structure or its garage and no additional buildings shall be constructed for the purpose of the home occupation.
   (C)   The home occupation, if occupying a garage, shall not eliminate any off-street parking that is otherwise required by the city.
   (D)   The home occupation shall not have utility services beyond those required for normal residential use under the Uniform Building Code.
   (E)   The home occupation shall not encourage customer or client visits to the home or otherwise result in traffic levels beyond normal levels within the residential neighborhood.
   (F)   The home occupation will not include the operation of tools or other noise-generating activities that may disturb persons residing in the neighborhood.
   (G)   No outside storage of equipment or materials for the home occupation is allowed.
   (H)   Yards, landscaping and the exterior of structures shall not be altered in order to make the site appear to be a commercial or industrial business. Residential use of the property shall always be the primary use and the home occupation shall always be secondary.
   (I)   One sign not larger than two square feet may be placed on the property.
(Ord. 225, passed 10-20-1994, § 23.3) Penalty, see § 154.999

§ 154.293 STANDARDS FOR OPERATION OF A HOME OCCUPATION AS CONDITIONAL USE.

   (A)   The home occupation shall be conducted primarily by members of the household that are residing in the dwelling. One or two additional persons may be employed part-time in the business; provided, there is adequate workspace and the dwelling remains primarily a residence.
   (B)   The home occupation should be conducted solely within the residential structure or its garage. However, if one additional building needs to be constructed for the purpose of the home occupation, it can be permitted; provided, it does not cover more than 5% of the lot and can be adequately screened from the street and neighboring properties.
   (C)   The home occupation, if occupying a garage, shall not eliminate any off-street parking that is otherwise required by the city. Additional parking may be required for part-time employees or occasional visits by customers or clients, not to exceed four additional parking spaces.
   (D)   The home occupation shall not have utility services beyond those required for residential use.
   (E)   The home occupation's employee, customer or client visits to the home shall not significantly affect traffic levels within the residential neighborhood.
   (F)   The home occupation will not result in noise levels greater than normally found in the residential neighborhood. Hours of operation may be imposed by the Planning Commission if the operation of tools or other activities may disturb neighbors.
   (G)   Any temporary storage of equipment or materials that cannot be stored within a structure shall be stored on in the rear or side yard areas and only when screened from public view by a solid fence or vegetative screen of adequate height.
   (H)   Yards, landscaping and the exterior of structures and accessory structures shall not be altered, except for additional parking that may be required or an additional building that may be approved by the Planning Commission. Nor shall other actions make the site appear to be a commercial or industrial business. Residential use of the property shall always be the primary use and the home occupation shall always be secondary.
(Ord. 225, passed 10-20-1994, § 23.4)

§ 154.294 PROHIBITED HOME OCCUPATION USES.

   (A)   Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.
   (B)   Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers; art or craft supplies from arts or crafts instructors; computer software from computer consultants and similar incidental items for sale by home business are allowed subject to standards above.
   (C)   Any uses described in this section or uses with similar objectionable impacts because of motor traffic, noise, glare, odor, dust, smoke or vibration, such as ambulance service, animal hospital, veterinary services, kennels or animal boarding, auto and other vehicle repair, including auto painting, and repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site.
(Ord. 225, passed 10-20-1994, § 23.5)

§ 154.295 ENFORCEMENT.

   The city may visit and inspect the site of home occupations in accordance with this section periodically to ensure compliance with all applicable regulations, during normal business hours and with reasonable notice.
(Ord. 225, passed 10-20-1994, § 23.6)