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West Linn City Zoning Code

CHAPTER 37

HOME OCCUPATIONS

37.010 PURPOSE

The purpose of this chapter is to provide for home occupations in residential zones as a means of providing convenient employment opportunities and decreasing the dependence on the auto. The standards contained in this chapter are intended to assure that home occupations will be compatible and consistent with the residential uses and will not have a detrimental effect on neighboring properties. (Ord. 1396, 1996; Ord. 1755 § 1 (Exh. A), 2024)

37.020 GENERAL STANDARDS

A.    A home occupation shall comply with all the following operating standards:

1.    The home occupation shall be incidental and accessory to the residential use of the property.

2.    The home occupation must be operated entirely within the dwelling unit or a fully enclosed accessory structure that meets building code requirements.

3.    No part of the home occupation shall be operated outdoors, including the display or storage of merchandise, materials, or equipment on the premises or any adjacent right-of-way.

4.    There shall be no outward appearance of the business activity other than a sign permitted per Chapter 52 CDC.

5.    No equipment or process shall be used in a home occupation which creates noise, odor, smoke, fumes, fallout, vibration, heat, glare, or electrical interference detectable to the normal senses off the lot.

6.    No more than three employees, other than the residents, shall be engaged in service on the premises at any given time.

7.    Occupied or unoccupied vehicles associated with the home occupation shall not have engines idling at any time. Vehicles associated with the home occupation shall not be loaded or unloaded between the hours of 7:00 p.m. and 7:00 a.m. Monday through Friday, or between the hours of 5:00 p.m. to 9:00 a.m. on Saturday and Sunday and federal holidays.

8.    The owner of the business must reside in the dwelling unit on the premises.

9.    One commercial vehicle, as defined by the Oregon Vehicle Code, no larger than a three-quarter-ton gross vehicle weight may be parked outside of a structure.

10.    The home occupation use creates no more than eight total vehicle trips per day including employees, all deliveries, and customers. One trip is equal to one vehicle entering the site and exiting the site. Home occupations with pupils or students, such as, but not limited to, dance, music or language classes, can create no more than 12 total vehicle trips per day including employees, all deliveries, and customers. Pick-up and drop-off of a pupil or student is equal to one vehicle trip. (Ord. 1463, 2000; Ord. 1565, 2008; Ord. 1590 § 1, 2009; Ord. 1606 § 1, 2012; Ord. 1675 § 35, 2018; Ord. 1755 § 1 (Exh. A), 2024)

37.030 SPECIFIC HOME OCCUPATION USES PROHIBITED

A.    Repealed by Ord. 1635.

B.    Any home occupation involving the on-site sale, resale, repair, or restoration of automobiles, trucks, boats, trailers, or other motorized vehicles. (Ord. 1463, 2000; Ord. 1635 § 21, 2014; Ord. 1755 § 1 (Exh. A), 2024)

37.040 THE APPLICATION

A.    A home occupation application shall be initiated by the occupant. If the occupant is not the owner of the premises, the signature of the owner is required on the application.

B.    The applicant shall pay the requisite fee. (Ord. 1463, 2000; Ord. 1547, 2007)

37.050 PERMITS

A.    A home occupation permit shall be required for a home occupation, subject to the provisions of this chapter, prior to issuance of a business license.

B.    A copy of each home occupation permit, including the permit number, shall be kept by the Planning and Building Department and on the premises of the business.

C.    A home occupation permit is non-transferable to any other person or any other property, and shall expire upon discontinuance of the home occupation by the person to whom it is issued. (Ord. 1463, 2000; Ord. 1604 § 39, 2011)

37.060 ADMINISTRATION AND APPROVAL STANDARDS

A.    Home occupations.

1.    A home occupation is a decision made by the Planning Director in accordance with the provisions of CDC 99.060(A), except that no notice shall be required.

2.    The Planning Director shall approve, approve with conditions, or deny an application for a home occupation in accordance with the standards set forth in CDC 37.020(A) for home occupations.

3.    The Director’s decision may be appealed by the applicant to the City Council as provided in CDC 99.240(A). (Ord. 1463, 2000; Ord. 1474, 2001; Ord. 1565, 2008)

37.070 APPROVAL AND STRICT COMPLIANCE REQUISITE FOR BUSINESS LICENSE

No business license will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval.

37.080 REVOCATION

The Director may revoke a home occupation permit if the criteria of CDC 37.020(A), respectively, are violated. (Ord. 1463, 2000; Ord. 1565, 2008)