Chapter 19.57 HOME OCCUPATION PERMITS

A. A home occupation may include activities such as personal, business or professional services or offices; however, retail sales, rental of products, hospitals, mortuaries, major and/or minor automotive repairs, eating and/or drinking establishments, stables, kennels are prohibited.
B. The home occupation shall not exceed twenty-five percent of the floor area of the primary structure and fifty percent of an accessory building on the premises.
C. There shall be no exterior modification of the building in order to accommodate the occupation, nor shall there be any outward manifestation of the occupation. The occupation shall not be visible or audible from any property line.
D. No more than one assistant or employee, in addition to the resident(s), may engage in the occupation on the premises. One off-street parking space shall be provided for the use of the employee.
E. A flat unlighted sign flush against the building is allowed. Such sign shall not exceed six square feet in area. The sign shall state only the name/address/phone number of the occupant and the occupation.
Any variance to the above conditions or restrictions must be approved by the planning commission. (Ord. 1000 § A(part), 1995).

A. If the home occupation is limited to those activities which involve bookkeeping and office for a business conducted elsewhere, has no outward manifestation of the business and has no customers or employees coming to the home; it shall be considered exempt. An exempt home occupation shall be considered an accessory use and permitted outright with no permit required.
B. For home occupations which exceed the exempt limitations, the following process and procedure apply:
1. Permanent Permit.
a. An application may be filed on forms provided by the planning department for a permanent home occupation permit. A fee as established by resolution of the city council shall accompany the application.
A list of property owners within three hundred feet of the applicant’s parcel shall be submitted as part of the application and shall reflect the latest available records of the Whatcom County assessor’s office.
b. Within seven days of the submittal, a copy of the application shall be mailed to the area property owners, other departments within the city, and any other affected government agency. The notice shall state the proposed action of the planner, comments will be considered and final action taken within fifteen days of the date of the notice. Any affected party may request a hearing in front of the planning commission if the home occupation has caused any problems in the neighborhood during the temporary period.
c. If a hearing is requested or required, the planning commission shall schedule the request at the next available regular meeting. The application shall be processed in the same manner as a conditional use permit.
d. If no public hearing is required or requested, the planner shall have the authority to approve, deny or to place conditions on the permit application as deemed necessary to protect the neighborhood from any detrimental effect which may arise from the proposed use. In approving the permit the planner shall find:
i. The application is consistent with the conditions of Section 19.57.030 above; and
ii. The request will not cause detrimental effects to the surrounding neighborhood.
Once a home occupation permit has been issued, it shall not be transferable to another person or location, nor shall the specified conditions be changed in any manner except upon reapplication.
If after the issuance of the permit, the use violated any of the conditions of the permit, or if the planner otherwise finds the use to have a detrimental effect on the surrounding neighborhood, the planner shall have the authority to place additional restrictions on the permit, or revoke the permit and order the use abated.
e. Actions taken by the planner under the ordinance codified in this chapter shall be appealable to the Lynden planning commission. (Ord. 1000 § A(part), 1995).