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865 SE Barrington Drive
Oak Harbor, WA 98277
Phone: 360-279-4500
Fax: 360-279-4507
info@oakharbor.org

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Home Occupations

Chapter 19.34 
HOME OCCUPATIONS

Sections
19.34.010 Purpose
19.34.020 Criteria
19.34.030 Nonconforming home occupations

19.34.010 Purpose

It is the purpose of this chapter to:

(1)  Protect residential areas from potential adverse impact of activities defined as home occupations;

(2)  Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal/family income;

(3)  Establish criteria and development standards for the use of residential structures or dwelling units for home occupations. (Ord. 1221 § 1, 2000).

19.34.020 Criteria

All home occupations shall meet the following criteria:

(1)  Such home occupations shall be conducted in such a manner as not to give any outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term that would infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes and shall not infringe upon or change the intent of the residential zone;

(2)  The activity is conducted in a manner that will not alter the normal residential character of the premises and in no way be a nuisance to adjoining residences. This means there should be no outside storage or window display and no noise, dust, odors, noxious fumes or vibrations emanating from the premises which would exceed that normally produced by a single residence. Mechanical or electronic equipment which is incidental to the home occupation may be used provided it will not create visible or audible interference in radio or television receivers or cause fluctuations in the line voltage off the premises;

(3)  The home occupation does not generate greater traffic volumes than would normally be expected in a residential neighborhood. This means that delivery of materials or commodities to and from the premises by commercial vehicle shall not normally exceed two per week. Only one commercial vehicle owned by the practitioner and related to the occupation may be parked on street near the premises at any time;

(4)  Any materials used in conducting the business shall be stored entirely within the residence or in an accessory building;

(5)  The home occupation does not increase water or sewer use so that combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood;

(6)  The home occupation shall be conducted only by members of the family residing in the dwelling plus no more than one nonresident assistant or employee; provided, that additional nonresident assistants may be permitted but shall require a conditional use permit. Persons in building trades or similar fields using their homes or apartments as an office for business activities carried on off the premises may have other employees provided they are not employed on the premises and they do not routinely visit the residence during the normal course of business;

(7)  A family child day care home as defined herein may have up to eight children at any one time including the children living in the dwelling. The care of additional children shall require a conditional use permit;

(8)  If the home occupation is a type in which classes are held or instruction given, there shall be no more than four students or pupils at any one time. The planning director may approve up to six students if he finds that the additional students will not generate additional automobile traffic. More than six students shall require a conditional use permit; provided, that this requirement shall not be construed to prohibit occasional exceptions (for example, recitals) which are in no way a nuisance to adjoining residences. All classes with four or more students shall be scheduled at least 30 minutes apart to mitigate traffic congestion;

(9)  The total number of home occupations conducted within a dwelling unit shall not be regulated. However, the cumulative impact of all home occupations conducted within the dwelling unit shall not be greater than for one home occupation;

(10)  Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued and the requirements or permission granted or implied by this chapter shall not be construed as an exemption of such regulations. (Ord. 1221 § 1, 2000).

19.34.030 Nonconforming home occupations

(1)  A nonconforming home occupation is one which was lawfully established and maintained prior to the effective date of this chapter or in the amendment thereto but is no longer allowed because of the application of this chapter or in the amendment thereto.

(2)  Any nonconforming home occupation shall be discontinued or comply with all provisions of this chapter within one year after the home occupation first became nonconforming. (Ord. 1221 § 1, 2000

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