17.34.010 - Purpose and intent.

A.

This chapter describes the criteria and conditions to be met in obtaining a home occupation permit. A home occupation permit may be approved by either (1) the mayor or his/her designee, or (2) the planning commission subsequent to a public hearing and final approval by the town council.

B.

It is the intent of this chapter to recognize the needs of people who are engaged in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them, or which, in the nature of the home occupation cannot be expanded to full-scale enterprises. Additionally, it is the intent of this chapter that full-scale commercial or professional operations, which would ordinarily be conducted in a commercial or industrial district, continue to be conducted in such districts and not at home.

(Ord. 525 (part), 2000)

17.34.020 - Home occupation.

"Home occupation" means a business, profession or craft which is secondary to the main use of the premises as a dwelling place; not one in which the use of a premises as a dwelling place is largely incidental to the business carried on. Such business may only be carried on by a member of the family residing within the dwelling place, with the addition of no more than one non-family member at any one time.

(Ord. 525 (part), 2000)

17.34.030 - Permit required.

It is unlawful for a person or individual, company, corporation or association or any other entity to engage in a home occupation without first having obtained a permit in compliance with the provisions of this chapter. The permit shall not be transferred, nor shall it be valid at any address other than the one appearing on the permit.

(Ord. 525 (part), 2000)

17.34.040 - Home occupation minimum standards.

A home occupation must meet the following minimum conditions:

A.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use as a residence. In the event that no more than twenty-five (25%) percent of the combined gross floor area of the primary residence and accessory buildings is used to conduct the home occupation, it shall be presumed that the use is incidental and subordinate to the residential use. If more than twenty-five (25%) percent, but less than forty-nine (49%) percent of the combined gross floor area of the primary residence and accessory buildings is used to conduct the home occupation, the applicant may show by a preponderance of evidence to the planning commission at a hearing pursuant to this code that the use is incidental and subordinate to the use as residence. In no event shall the use of a dwelling unit for a home occupation exceed fifty (50%) percent of the primary residence and accessory buildings.

B.

No home occupation permit shall be granted by the mayor or his/her designee unless the applicant shall furnish proof of having registered with the Washington State Department of Revenue, or furnish proof that they are exempt from registering with said Department of Revenue.

C.

Possess a valid town business license.

D.

No structure in which a home occupation is conducted or is proposed to be conducted will be altered or remodeled in any manner that would detract from the residential character of a home or accessory building.

E.

No person, other than family members living in the dwelling unit plus a maximum of one non-family member working at the residence at any one time, may be employed in the home occupation.

F.

There shall be no exterior or window displays, signs, storage of materials, or sample commodities displayed outside of the premises, with the exception of one non-illuminated business sign not to exceed one square foot in area.

G.

No materials or equipment shall be permitted which would be detrimental to the residential use of nearby residences by causing vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

H.

Materials or commodities may only be delivered to or from the home occupation between the hours of seven a.m. and six p.m. Monday through Saturday.

I.

No parking shall be allowed beyond that normal in a residential area and no excessive vehicular or pedestrian traffic shall be present as a result of the home occupation. Designated or additional off-street parking may be required depending on the business, as determined by the planning commission or town council.

J.

The hours of operation for a home occupation may only be from seven a.m. to seven p.m., Monday through Saturday, unless otherwise stipulated by the mayor or his/her designee.

K.

Buffers or screens will be provided when deemed necessary by the planning commission or town council to reduce potential impacts to adjacent properties.

L.

Such use shall conform to all other requirements specified in this chapter, as well as any special conditions imposed on the home business.

(Ord. 525 (part), 2000)

17.34.050 - Permitted uses.

A.

The following uses may be approved by the mayor or his/her designee:

1.

Dressmaking, seamstresses, tailors;

2.

Artists and sculptors;

3.

Authors and composers;

4.

Resident owned and operated beauty and/or barbershops;

5.

Home crafts, such as model-making, rug weaving, and lapidary work;

6.

Office facility of a minister, rabbi or priest;

7.

Office facility of a salesman, sales representative or manufacturer's representative;

8.

Repair shop for small household items;

9.

Telephone answering or soliciting;

10.

Computer programming and small scale repair;

11.

Home cooking and preserving;

12.

Arts instruction (not more than two students at one time);

13.

Accountant;

14.

Architect:

15.

Attorney;

16.

Engineer;

17.

Insurance agent;

18.

Photographer;

19.

Office for computer design and layout;

20.

Office for limited energy service and installation;

21.

Office for electrical contractor.

B.

If an applicant wishes to obtain a home occupation permit for a use not listed above, the applicant may without cost have the matter heard by the planning commission.

(Ord. 542, 2001: Ord. 531, 2000; Ord. 525 (part), 2000)

17.34.060 - Prohibited uses.

By way of example and not limitation the following uses are examples of uses which are not appropriate for a home occupation permit:

A.

Clinics or hospitals;

B.

Mortuaries or funeral homes;

C.

Commercial print shops;

D.

Rental of trailers;

E.

Restaurants or cafes;

F.

Stables or kennels;

G.

Vehicle repair or auto detailing shops;

H.

Outdoor storage of building or construction materials not intended for immediate use in or on the premises;

I.

Family child day care homes providing services for over twelve (12) children; and

J.

Antique/gift shop.

(Ord. 525 (part), 2000)

17.34.070 - Conditional uses.

Conditional uses include:

A.

Bed and Breakfast. Bed and Breakfast Facility. Bed and breakfast facility shall be any facility within a one-family dwelling unit offering a maximum of three lodging units to travelers and transient guests for periods of less than one month.

(Ord. 525 (part), 2000)

17.34.080 - Exemptions.

Exemptions from this chapter include, but are not necessarily limited to, the following:

A.

Family child day care services for up to twelve (12) children or adults at any one time including those children living in the home provided for in this code.

B.

Newspaper delivery; and

C.

Garage and yard sales as long as the sale involves only the sale of household goods, none of which were purchased for the purpose of resale; the sale does not continue for more than three consecutive days in any calendar month; and is not in violation of any other provisions of this code.

(Ord. 525 (part), 2000)

17.34.090 - Administration.

A.

Any person or party wishing to establish a home occupation shall make application through the town. The mayor or his/her designee may administratively approve any use listed in 17.34.050, provided the use meets all other requirements of this chapter. The planning commission, after a public hearing, shall recommend to the town council approval or denial of any uses not listed in Section 17.34.050.

B.

Applications for all home occupation permits shall be subject to payment of a nonrefundable permit fee and business license fee as established by the town.

C.

If a public hearing is required, the town shall notify by first class mail the property owners within three hundred (300) feet of the subject property (according to the records of the Yakima County assessor) affording them an opportunity to voice their opinions regarding the advisability of authorizing the proposed home occupation.

D.

The town may issue a permit for a home occupation provided that the conditions set forth in Section 17.34.040 are met. The planning commission or town council may impose such additional conditions deemed necessary to assure that the impact of such home occupation will be minimal upon the neighboring properties.

E.

All permit applications subject to the mayor's or designee's approval shall be approved or denied within thirty (30) days of the filing of the permit application and payment of the permit fee.

F.

All permit applications subject to the planning commission's approval shall be approved or denied within forty-five (45) days of the filing of the permit application and payment of the permit fee.

G.

Any individual affected by the decision of the town shall have twenty-one (21) days from the date of the decision to appeal the decision in writing to the superior court.

(Ord. 525 (part), 2000)

17.34.100 - Revocation of permit.

A permit issued under this chapter to conduct a home occupation is revocable upon a determination by either the planning commission or the mayor or his/her designee that there has been a violation of any condition imposed by this chapter on home occupations.

A.

In the event of an alleged violation, a written notice describing the violation and the corrective measures that must be taken shall be mailed by the town to the permit holder. The permit holder shall, within twenty-one (21) days of the mailing of the notice of violation, comply with all of the conditions imposed by the notice or show cause in writing why the permit should not be revoked.

B.

Upon revocation of the permit, a written notice of the revocation shall be sent by certified mail by the town to the permit holder together with a written statement of findings upon which the revocation is based.

C.

The holder of a home occupation permit may appeal a revocation of a home occupation by filing a notice of appeal with the town. Said notice shall be filed within ten days of the notice of revocation. The appeal shall be heard by the town council who shall either affirm or overturn the prior decision.

(Ord. 525 (part), 2000)

17.34.110 - Violation—Penalty.

A.

Any person who violates any of the provisions of this chapter or any order or decisions of the town entered pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with this code.

B.

The instigation of misdemeanor proceedings in accordance with subsection A of this section shall not prevent the town from exercising all available civil remedies to force removal of prohibited conditions or compliance with this chapter.

(Ord. 525 (part), 2000)

17.34.120 - Public hearing notification.

In the event that an application is to be reviewed before a public hearing, notice of the public hearing shall be given as follows:

A.

The mayor and/or his/her designee shall send copies of the notice by mail not less than fifteen (15) calendar days prior to the date of the hearing to all property owners within three hundred feet (300′) of the exterior boundaries of the property involved, and it shall be the responsibility of the applicant to provide mailing labels with the name and addresses of owners as shown on the records of the Yakima County assessor.

B.

At the discretion of the staff, additional announcement of the public hearing may be given by posting copies of the notice in a conspicuous place at or near the location of the proposal, or by such press advertisement as deemed necessary.

(Ord. 525 (part), 2000)

17.34.130 - Existing home occupations.

Any home occupation in the town in operation on the effective date of this chapter shall not expand without meeting the provisions of this chapter.

(Ord. 525 (part), 2000)