22.48.050 Home occupations | Algona Municipal Code

22.48.050 Home occupations.

A. Purpose. Home occupations are required to have a business license as issued by the city clerk, comply with all city codes and ordinances, and shall be consistent with the following provisions.

B. The following requirements apply to home occupations:

1. Only members of the immediate family residing on the premises may be employed.

2. No inventory is kept (other than incidental supplies necessary for and consumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. No outside storage of commodities used in the conduct of the business allowed.

3. The home occupation(s) shall not use electrical or mechanical equipment that results in:

i. A change to the fire rating of the structure(s) used for the home occupation(s);

ii. Visual or audible interference in radio or television receivers, or electronic equipment located off premises; or

iii. Fluctuations in line voltage off premises.

4. Not more than one-fourth of the floor area of any building is devoted to such occupation, nor in any case to exceed three hundred square feet.

5. Such occupation shall not require internal or external alteration or involve construction features not customarily found in a family dwelling.

6. The conduct of any home occupations, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking as per AMC 22.40.020.

7. Only one sign is permitted, one square foot in area, nonilluminated and attached to a building.

8. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences.

9. No more animals are maintained on the premises than what may otherwise be permitted in the zone.

10. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, vibrations, or odor.

C. Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirements of subsection B of this section as long as the use does not operate for more than twenty days in any one calendar year or in violation of any other provisions of the Algona Municipal Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.

1. Special home occupation permits are required and must be applied for (in writing on appropriate forms supplied by the city) for the following uses even if the use meets all ten of the requirements listed above (subsections (B)(1) through (10) of this section), but in no case shall any home occupation meet less than eight of the ten requirements:

i. Automobile repair and rebuild;

ii. Personal service shops;

iii. Music and dancing studios;

iv. Bed and breakfast facilities (three to five rooms);

v. Home occupations that can only meet eight of the ten requirements outlined in subsection B of this section.

2. In considering applications for special home occupation permits, the city council shall consider the nature and conditions of all adjacent structures, and no such special home occupation permit shall be authorized unless the city council finds the authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. In authorizing a special home occupation permit, the city council may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

3. A public hearing shall be conducted on all applications for a special home occupation permit in accordance with the provisions of Chapter 22.68 AMC.

1. It is provided that, for purposes of this title, the city’s regulatory role for family day care, defined as day care centers providing in-home care for twelve or fewer children and which are licensed by the state of Washington pursuant to Chapter 35A.63 RCW, is limited to the provisions of subsection B of this section.

2. Day care centers, home-based day care shall:

i. Comply with all building, fire, safety and health codes;

ii. Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

iii. Include signage, if any, that conforms to applicable city regulations;

iv. Conduct hours of operation that are compatible with the neighborhood;

v. Provide proof of written notification of immediately adjoining neighbors to the city. This proof must be provided prior to state licensing. Written notification to neighbors must include the following elements:

a. Nature of the application;

b. Maximum number of children to be kept;

c. Maximum number of employees;

d. Days and hours of operation;

vi. Must apply for and obtain city home occupation license concurrently with state licensing.

F. Termination. The city council may terminate any home occupation if it finds, notwithstanding any provision of this chapter, that the use is being conducted in a manner which is detrimental to the public health, safety or welfare, or adversely affects the residential qualities of adjacent properties. In making such findings, the board of adjustment shall hold a public hearing in accordance with Chapter 22.68 AMC. (Ord. 1190-21 § 2, 2021).