Yamhill City Zoning Code
CHAPTER 10
96 HOME OCCUPATION PERMITS
§ 10.96.010 Purpose.
The intent of the home occupation is to recognize the needs of people who are engaged in small-scale business or professional operations from their place of residence. The residential character of the property shall be maintained and the home occupation shall be conducted in such manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term. A home occupation shall not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their home for which purpose the residential zone was created and primarily intended.
(Ord. 454 §2, 2000)
§ 10.96.020 Definitions.
An occupation carried on solely by the resident of a dwelling house of a secondary use, in connection with which no assistants are employed, no commodities are sold other than services, no sounds are heard beyond the premises, and there is no display, advertisement, or signboard, except such signs as by this Title may be permitted in the zone where home occupations such as dressmaker, lawyer, notary public, public accountant, artist, writer, teacher, musician, physician, dentist, or other practitioner of any of the healing arts, or practices of any art or craft of a nature to be conveniently, unobtrusively, and inoffensively pursued in a dwelling, provided no structural alterations are made to accommodate such occupations and the residential character of the dwelling remains unchanged, and not more than one-half of the floor area of any one story is devoted to such use.
A permit issued by the Planning Commission through the Conditional Use Permit process.
A minor form of a Home Occupation Permit which may be issued by the Planning Official if all applicable conditions can be met by the resident/owner of the property.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.96.030 Types of Home Occupation Permits.
There is hereby established two types of Home Occupation Permits.
(A)
Type 1 - Home Occupation Permit shall consist of a Home Occupation Permit which shall be issued by the Planning Commission through the Conditional Use Permit process.
(B)
Type 2 - Simple Home Occupation Permit shall consist of a minor Home Occupation Permit which shall be issued by the Planning Official as part of the City Business License process, if all requirements of the Simple Home Occupation Permit process can be adhered to by the applicant.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.96.040 Authority to Issue.
A Simple Home Occupation Permit shall be one which meets the following guidelines and can be approved by the Planning Official in conjunction with the issuance of a City Business License, when in compliance with the rules and regulations as stated in this chapter. A standard Home Occupation Permit shall be issued by the Planning Commission upon the successful completion of a Conditional Use Permit proceeding.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.96.050 General Provisions.
Any application for a Home Occupation Permit will require a joint application with the owner if the applicant is other than the owner. The permit shall terminate immediately upon vacation of the premises by the applicant. Continuation of the same home occupation by a different person than the original applicant will require a new application, fees, and review/hearing.
(Ord. 454 §2, 2000)
§ 10.96.060 Businesses Which Qualify for Simple Home Occupation Permits (Type 2).
Simple Home Occupation Permits may be issued for the following home businesses (provided that those businesses are to be used as home office use only):
(A)
Dressmakers;
(B)
Lawyers;
(C)
Notary publics;
(D)
Public accountants;
(E)
Artists;
(F)
Writers;
(G)
Teachers;
(H)
Musicians;
(I)
Physicians;
(J)
Practitioners of healing arts;
(K)
Word processing;
(L)
Computer consultants;
(M)
Engineers;
(N)
Contractor office (no equipment or material storage);
(O)
Other occupations which can clearly demonstrate that they will comply with the conditions of Section 10.96.010.
Any business which does not meet the conditions for a Simple Home Occupancy Permit shall have the right to apply for a Conditional Use Permit from the City Planning Department.
(Ord. 454 §2, 2000; Ord. 491 §9, 2011; Ord. 545, 7/9/2025)
§ 10.96.070 Standards for Home Occupations.
Either type of home occupation shall fulfill the following conditions:
(A)
No person shall be employed other than a member of the family residing in the home.
(B)
No structural alterations shall be made to accommodate such occupations, the residential character of the buildings and property shall remain unchanged, and traffic attracted to the premises shall be kept at a minimum.
(C)
The business or activity shall be conducted wholly within the dwelling or within an accessory structure, residential in appearance. Accessory structures used for a home occupation shall comply with all setback requirements of the zone.
(D)
No noise, dust or any other offensive action or material shall be emitted from the premises.
(E)
No materials, products, or supplies shall be stored outside of the building.
(F)
There shall be sufficient room to load and unload materials, supplies, and products on the premises.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.96.080 Fee.
That as a form of business license the fee shall be the same as for a business license as established by the City Council by resolution.
(Ord. 454 §2, 2000)
§ 10.96.090 Forms to be Provided by City.
All parties who wish to obtain a Home Occupation Permit shall make application on the forms provided by the City. If the home occupation is approved, the applicant shall enter into a contract with the City of Yamhill to ensure compliance with the established regulations. Said contract shall be renewable each year as part of the process of issuing Home Occupation Permits.
(Ord. 454 §2, 2000)
§ 10.96.100 Annual Renewal.
(A)
Once either form of a Home Occupation Permit has been obtained, it shall be renewed on an annual basis, in conjunction with an annual business license. The Home Occupation Permit number shall be noted just under the business license number located on the official City Business License.
(B)
If the original Home Occupation Permit was obtained through the Conditional Use Permit process, it shall not be required to undergo a new Conditional Use Permit process each year. However, at the Planning Commission's discretion, it may be required to undergo an annual review to determine that it is continuing to observe all requirements as may have been required when the original permit was issued.
(Ord. 454 §2, 2000)
§ 10.96.110 Permits Valid-From-To.
A Home Occupation Permit shall be valid from the date of issue until the end of the current fiscal year. The City's fiscal year is from July 1st to June 30th each year. All parties holding a Home Occupation Permit shall renew their permit when they renew their business license each year.
(Ord. 454 §2, 2000)
§ 10.96.120 Revocation of Home Occupation Permit.
At any time it is determined that the holder of the Home Occupation Permit is in violation of their contract with the City of Yamhill, the City retains the right to revoke both their Home Occupation Permit and their business license. If a Home Occupation Permit is revoked by the City, the holder of the permit shall retain the right to apply for a Conditional Use Permit to re-establish the home occupation. The process for applying for a Conditional Use Permit is controlled by Chapter 10.104, and forms and fee information are available at City Hall.
(Ord. 454 §2, 2000)