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HomeMy WebLinkAbout02/04/2025 06.A. Council Discussion of Home Occupations i4 e+ /L44i11411IN&1— i,i i (7-A ..:>1 _) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.A. For Meeting of: February 4, 2025 ITEM TITLE: Council Discussion of Home Occupations SUBMITTED BY: *Trevor Martin, Planning Manager Glenn Denman, Code Administration Manager SUMMARY EXPLANATION: At the January 7, 2025 City Council Meeting, City Council motioned to have a discussion about Home Occupations at the first Business Meeting in February. Discuss Home Occupations under- YMC 15.04.120 Home occupations. Chapter 15.04 PERMITTED LAND USES ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: A discussion of Home Occupations ATTACHMENTS: 15.04.120 - Home Occupations.pdf 6 Yakima Municipal Code Page 1/4 15.04.120 Home occupations. A. Purpose. The conduct of an accessory business within an existing dwelling may be permitted under the provisions of this section. It is the intent of this section to: 1. Ensure the compatibility of home occupations with other uses permitted in the underlying zone;and 2. Preserve the existing dwelling as the primary use of the structure or property;and 3. Maintain and preserve the character of residential neighborhoods;and 4. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed,rather than commercial uses. B. Table of Permitted Home Occupations. Table 4-2 titled"Table of Permitted Home Occupations"is incorporated as a part of this section.Each permitted home occupation listed in Table 4-2 is designated as a Class (1), (2)or(3)use for a particular zoning district.Proposed home occupations in existing dwellings in the commercial and industrial zoning districts shall follow the land use requirements of the R-3 zoning district. All permitted home occupations are subject to the standards of this title,including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection H of this section. Table 4-2.Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 Barbershop,beauty parlor 2 2 2 2 Business administration* 1 1 1 1 Day care,family home* 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 Food preparation* 1 1 1 1 Home contractor* 1 1 1 1 Home instruction* 1 5 students 1 1 1 1 6-8 students 2 2 2 2 Home office* 1 1 1 1 Locksmith and gunsmith 1 1 1 1 Massage therapy/spa* 1 1 1 1 Physician 1 2 2 2 Product assemblage/service* 1 2 2 2 Short term rental* 1 1 1 1 Taxicab operator* 1 1 1 1 Wedding service 2 2 2 2 Unclassified home occupation See YMC 15.04.120(G) The Yakima Municipal Code is current through Ordinance 2024-039,passed December 3,2024. 7 Yakima Municipal Code Page 2/4 Zoning District SR R-1 R-2 R-3 NOTES: * Refers to definition in YMC Chapter 15.02. 1 =Type(1)Permitted Home Occupation 2 =Type(2)Review and Approval by the Administrative Official Required 3 =Type(3)Review,Public Hearing and Approval by the Hearing Examiner Required =Not Permitted C. Necessary Conditions.Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met: 1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s).For the purpose of administering this section,"primary residence" shall be defined as the residence where a person or persons resides for the majority of the calendar year; 2. The home occupation is incidental and subordinate to the residential functions of the property.No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling; 3. There are no external alterations to the building which change its character from a dwelling; 4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses; 5. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color,materials,lighting and signs,or the emission of noise,vibration,dust,glare,heat, smoke or odors; 6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood;the frequency of deliveries should be comparable to that of a single-family home without a home business; 7. There is no outside storage or display of any kind related to the home occupation; 8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure; 9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use; 10. The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood; 11. A business license is purchased where required; 12. The home occupation is conducted only by immediate family members residing in the dwelling; 13. All stock in trade kept for sale on the premises is produced on site by hand without the use of automated or production line equipment. In granting approval for a home occupation,the reviewing official may attach additional conditions to ensure the home occupation will be in harmony with,and not detrimental to,the character of the residential neighborhood. Any The Yakima Municipal Code is current through Ordinance 2024-039,passed December 3,2024. 8 Yakima Municipal Code Page 3/4 home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title. D. Materials and Storage. The storage of equipment,materials,or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards: 1. All equipment,materials,or goods shall be stored completely within the space designated for home occupation activities and not visible from the public right-of-way. 2. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building. 3. All flammable or combustible compounds,products,or materials shall be maintained and utilized in compliance with fire code. 4. The frequency of home deliveries should be comparable to that of a single-family home without a home occupation associated with the residence. E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation(e.g.,John Jones,Accountant). The nameplate shall be attached to the dwelling,but shall not exceed two square feet in area or be illuminated. F. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter 15.11,except as noted,and shall be accompanied by the appropriate filing fee. The administrative official may accept an aerial photo of the site in lieu of a site plan when the aerial photo clearly shows all structures and parking areas and no new construction or site modifications are proposed. G. Unclassified Home Occupation—Review by the Hearing Examiner.Home occupations not listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions of YMC Chapter 15.22;provided,any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class(2)or(3)use. H. Home Occupations Not Permitted. The following uses,by the nature of their operation or investment,have a pronounced tendency,once started,to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore,the uses listed below shall not be permitted as home occupations: 1. Auto repair; 2. Antique shop or gift shop; 3. Kennel; 4. Veterinary clinic or hospital; 5. Painting of vehicles,trailers or boats; 6. Large appliance repair including stoves,refrigerators,washers and dryers; 7. Upholstering; 8. Machine and sheet metal shops; 9. Martial arts school; 10. Taxidermist; The Yakima Municipal Code is current through Ordinance 2024-039,passed December 3,2024. 9 Yakima Municipal Code Page 4/4 11. Two-way radio and mobile telephone system sales and service; 12. Vehicle sign painting(except for the application of decals). I. Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the administrative official finds that either the application or record fails to establish compliance with the provisions of this chapter. When any application is denied,the administrative officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based. J. Parking. The administrative official shall determine parking requirements for home occupations,as provided by YMC 15.06.040(B). This determination may be guided by,but not restricted by,the standards of YMC Chapter 15.06. (Ord. 2023-026 § 1 (Exh. A),2023;Ord. 2020-001 § 1 (Exh. A)(part),2020: Ord. 2019-044 § 1 (Exh. A) (part),2019: Ord.2018-047 § 1 (Exh. A)(part),2018: Ord.2016-029 § 1 (Exh. A)(part),2016: Ord. 2015-036 §4, 2015: Ord. 2008-46 § 1 (part),2008: Ord. 93-81 § 19, 1993:Ord. 3245 §6, 1990;Ord. 3019 §§ 15-17, 1987;Ord. 2947 § 1 (part), 1986.Formerly 15.04.090). The Yakima Municipal Code is current through Ordinance 2024-039,passed December 3,2024. 10 Distributed at Meeting: 20Wtem#L CHAPTER 15.04.120: HOME OCCUPATIONS 15.04.120(C): Standards Home occupations shall comply with the following standards: 1. Location and Appearance Current Text: "The home occupation shall be conducted entirely within the primary residential dwelling or an accessory structure. There shall be no visible evidence of the business from the exterior of the property, including window displays or outdoor storage." Proposed Change: • "The home occupation shall be conducted entirely within the primary residential dwelling or an accessory structure. One non-illuminated sign, not exceeding two (2) square feet, made of non-reflective materials, may be displayed to identify the business. Signage must be non-digital, non-illuminated, and comply with city-wide signage regulations as outlined in YMC 15.08.050." 2. Employees Current Text: "No person other than members of the family residing on the premises shall be engaged in such occupation." Proposed Change: "Permit up to two (2) non-resident employees to work on-site during the hours of 8:00 AM to 6:00 PM. Non-resident employees must park in designated off-street spaces provided on the property and are prohibited from parking in adjacent driveways or causing parking overflow onto neighboring properties." 3. Signage Current Text: "No signs advertising the home occupation shall be permitted on the premises." Proposed Change: "Allow one non-illuminated sign, not exceeding two (2) square feet, made of non-reflective materials, to identify the business. Signage must be non-digital, non-illuminated, and comply with city-wide signage regulations as outlined in YMC 15.08.050." 4. Business Classifications Current Text: (This subsection does not exist in the current ordinance.) Proposed Change: "Business classifications under this chapter are defined as follows: • Exempt Businesses (Low-Impact): o The following business types are exempt from permitting requirements under this chapter, provided they meet the criteria of. ■ No customer visits. • No non-resident employees. • No visible signage or external indicators of business activity. o Examples include: • Online consulting and freelance services (e.g., graphic design, writing, or digital marketing). • Remote bookkeeping or virtual assistant services. • Handmade crafts sold online with no visible inventory storage. • Home Occupation Businesses: o The following businesses require a home occupation permit under this chapter. These businesses involve light on-site activities or require accommodations for parking or signage but no limited to: • Personal services, such as tailoring, sewing, or small-scale hairstyling. • Photography studios with minimal client traffic. • Yoga or fitness instruction (individual or small-group sessions). ■ Small electronics repair. 5. Expedited Permits Current Text: (This subsection does not exist in the current ordinance.) Proposed Change: • Applications for expedited permits must be reviewed and approved by the city within thirty (30) days. If the city fails to act within this timeframe, the permit shall be deemed approved unless the applicant has been notified of deficiencies.