ARTICLE A.  HOME OCCUPATIONSlinklink

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9-8A-1: CONDITIONAL USE PERMIT APPLICABILITY:
9-8A-2: DEFINITIONS:
9-8A-3: HOME OCCUPATIONS PERMITTED IN RESIDENTIAL NEIGHBORHOODS AND DISTRICTS:
9-8A-4: PERFORMANCE STANDARDS:
9-8A-5: NO IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE REGISTRATION BUT DO NOT REQUIRE A PERMIT OR BUSINESS LICENSE:
9-8A-6: MINOR IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE A PERMIT AND BUSINESS LICENSE BUT NOT A CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL:
9-8A-7: APPLICATION FOR PERMIT AND LICENSE TO OPERATE HOME OCCUPATION; FEE REQUIRED:
9-8A-8: DUTIES OF BUILDING AND ZONING DEPARTMENT:
9-8A-9: PROHIBITED HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS:
9-8A-10: APPLICATION PROCESS WHEN CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL ARE REQUIRED:
9-8A-11: CRITERIA FOR REVIEW OF APPLICATION FOR HOME OCCUPATION PERMIT BY BUILDING AND ZONING DEPARTMENT:
9-8A-12: CONDITIONS OF LICENSE OR CONDITIONAL USE PERMIT; RENEWAL OF LICENSE:
9-8A-13: HEARING, FINDINGS AND CONDITIONS:
9-8A-14: ACTION BY CITY COUNCIL; CONDITIONS IMPOSED; EFFECTIVE DATE OF ACTION:
9-8A-15: REVOCATION OF HOME OCCUPATION LICENSE:

9-8A-1: CONDITIONAL USE PERMIT APPLICABILITY: linklink


Provisions of chapter 7 of this title, including the articles contained therein, or any other provision of this code, which refer to "home occupations" as conditional uses in certain residential districts, do not apply if this chapter exempts a home occupation from the requirement for a conditional use permit in certain residential districts as set forth herein. (Ord. 224, 5-11-1999, eff. 6-3-1999)
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9-8A-2: DEFINITIONS: linklink

HOME OCCUPATION: Any commercial activity carried out for gain and conducted from a residence or structure located in a residential district.

MAJOR IMPACT HOME OCCUPATION BUSINESS: A home occupation which disrupts or would disrupt the residential character of a residential neighborhood. These businesses require a permit, a business license, a conditional use permit and city council approval prior to operate or to continue operation and are not favored in residential districts or neighborhoods.

MINOR IMPACT HOME OCCUPATION BUSINESS: A home occupation which maintains the residential character of a residential neighborhood but has some impact on the neighborhood. These home occupations require a permit and business license to operate but do not require a conditional use permit unless they have been determined to be a major impact home occupation business as set forth herein.

NO IMPACT HOME OCCUPATION BUSINESS: A home occupation business which maintains the residential character of a residential neighborhood and which has no impact on its surrounding neighborhood. These businesses require no permit or business license to operate in any residential district or neighborhood.

RESIDENTIAL DISTRICT: Any location where the property at issue is zoned for any residential use. (Ord. 224, 5-11-1999, eff. 6-3-1999)
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9-8A-3: HOME OCCUPATIONS PERMITTED IN RESIDENTIAL NEIGHBORHOODS AND DISTRICTS: linklink


A. "No impact home occupation businesses", as defined herein, may operate in any residential districts and neighborhoods without necessity of permit or business license, subject to the limitations and conditions set forth herein.


B. "Minor impact home occupation businesses", as defined herein, may operate in residential districts and neighborhoods with a permit and business license but do not require a conditional use permit or city council approval, subject to the limitations and conditions set forth herein.


C. Major impact home occupation businesses require a permit, a business license, a conditional use permit and city council approval to operate or continue operation and are not favored in residential districts or neighborhoods. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-4: PERFORMANCE STANDARDS: linklink

All home occupations must comply with the following performance standards unless a conditional use permit and city council action provide otherwise:


A. The use of the dwelling as a home occupation location must be clearly incidental and subordinate to its use for residential purposes. The home occupation must occupy no more than twenty five percent (25%) of the floor area of the residence;


B. No more than one person, other than those residing on the premises, shall be engaged in the activities of the home occupation;


C. A home occupation which is authorized to receive patrons, students or any business related individuals at the home occupation location may only do so between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.; (Ord. 224, 5-11-1999, eff. 6-3-1999)


D. No more than one home occupation shall be permitted within any single dwelling unit, unless the additional activity qualifies as a "no impact home occupation". No home occupation is allowed if such use of the property is deed restricted by CC&Rs or HOA rules; (Ord. 438, 7-27-2010)


E. There shall be no exterior displays, no exterior storage of equipment or goods, including unlicensed equipment, materials, vehicles or open lot storage;


F. Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of a multiple-family unit shall not be permitted;


G. Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property;


H. Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customarily found in a residential area;


I. No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio, television receiver or telephone, which violates FCC standards, or which causes fluctuations in off site line voltages;


J. No on premises advertising for the home occupation shall be allowed. Window areas must not purposely, intentionally or unintentionally be used as display areas or to offer merchandise for sale;


K. All related business activities shall take place entirely within the residential dwelling, unless the building and zoning department finds that business activity conducted outside the dwelling is similar to noncommercial activities normally associated with single-family residences;


L. No pedestrian or vehicular traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area;


M. No delivery truck shall operate out of a residential district as a function of the home occupation. A single delivery or business vehicle may be operated from a home occupation so long as it is limited to a maximum size of one ton gross vehicle weight and so long as it is stored entirely within a building or structure;


N. No home occupation will be permitted which requires receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries;


O. No deliveries by semitractor/trailer truck are permitted;


P. Low intensity (traffic generation, land use, noise, etc.) occupations, professions and business activities, and those uses or activities of a similar nature, as provided by the permitted home occupation uses in this section, may be permitted as home occupations in the indicated residential zoning district(s), subject to the conditions of these regulations and other applicable federal, state or local laws;


Q. This section does not permit the establishment and operation of home occupations without a permit and business license unless they have been exempted from the requirements of permitting and licensing by this section;


R. All vehicles of customers or residents of the home occupation location must be parked in authorized parking locations either on the lot where the home occupation is located or in the public parking adjacent to the home occupation location; and


S. The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-5: NO IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE REGISTRATION BUT DO NOT REQUIRE A PERMIT OR BUSINESS LICENSE: linklink

The following home occupations require registration with the city clerk but do not require a permit or business license so long as the activity of the business has no impact on the residential neighborhood where they operate:


A. Artists;


B. Composers;


C. Writers;


D. Piano teacher for one student at a time;


E. Dance or aerobics instructor for no more than one student at a time;


F. Persons who conduct the home occupation entirely on a telephone or personal computer and do not invite business customers to or receive customers at the home occupation location;


G. Sale of personal goods and services, such as cosmetics and kitchenware away from the residence, and which does not invite customers to or receive customers at the home occupation location and which does not have storage of equipment, goods or supplies outside the home occupation residential dwelling; or


H. Any other activities similar to one of the above categories. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-6: MINOR IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE A PERMIT AND BUSINESS LICENSE BUT NOT A CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL: linklink

The following home occupations require a permit and a business license but do not require a conditional use permit and city council approval so long as the activity of the business does not have a major impact on the residential neighborhood where they operate:


A. Babysitters for less than five (5) children, including the children of the babysitter;


B. A business which sees only one client at a time at the location of the home occupation and does not affect the residential character of the residential district by operation of the business;


C. Piano teacher for two (2) or more students at a time;


D. Dance or aerobics instructor for two (2) or more students at a time;


E. A business which maintains one business car or pickup truck at the home occupation location. Contractors, provided there is no outside storage of equipment or supplies;


F. A business which receives commercial deliveries of goods or equipment to be sold as part of the business venture;


G. Consultant with office in home who sees no more than one customer at a time at the home occupation location;


H. Designer/decorator who does not see more than one customer at a time at the home occupation location;


I. Personal sewing, clothing alterations and dressmaking if the proprietor does not invite or receive more than one customer to the home occupation location at a time;


J. Maintenance/handyman/janitorial service;


K. Window coverings sales;


L. Mail order or telephone order business;


M. Small bookkeeping or typing service;


N. Telephone answering service;


O. Telephone reception for a mobile business; or


P. Any other activities similar to one of the above categories. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-7: APPLICATION FOR PERMIT AND LICENSE TO OPERATE HOME OCCUPATION; FEE REQUIRED: linklink

An applicant for a home occupation license must first apply for and receive a permit from the building and zoning department. Permit applications may be obtained at the building and zoning department. A one time permit application fee of fifty dollars ($50.00) must be submitted by the applicant with the permit application. The building and zoning department must inspect the premises and work area of every home application location which requires a permit and business license. (Ord. 224, 5-11-1999, eff. 6-3-1999)
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9-8A-8: DUTIES OF BUILDING AND ZONING DEPARTMENT: linklink

When an applicant for a home occupation permit and license files an application for a home occupation permit, the building and zoning department will:


A. Review the application and determine if the home occupation would have major or nonmajor impact on the residential neighborhood where it proposes to operate;


B. Physically inspect the proposed business location to determine whether the proposed business complies with the provisions of this section and whether the proposed home occupation will likely affect the residential character of the neighborhood where it proposes to operate or not. If the building and zoning department determines the proposed home occupation will likely change the residential character of the neighborhood where it proposes to operate, a conditional use permit and city council permission are required; and


C. Determine whether a proposed home occupation requires a conditional use permit and city council approval. In making that determination, the building and zoning department will utilize the standards set forth in this chapter and other relevant provisions of this code, including, but not limited to, the table of permitted home occupations contained in this section.

Permitted Home Occupations1  
  District  
Home Occupation   A   RE-1   RE-2   RE-3   SF   MF-1 through MF-4  
Antique sales   *   *   *   *   *   *  
Artists, composer, photographer   *   *   *   *   *   *  
Arts and crafts production, sales   *   *   *   *   *   *  
Brokers   *   *   *   *   *   *  
Building contractor, construction services2   *   *          
Clergy   *   *   *   *   *   *  
Computer applications   *   *   *   *   *   *  
Cooking, preserving   *   *   *   *   *   *  
Electronics repair   *   *   *   *   *   *  
Instruction3   *   *   *   *   *   *  
Insurance agents   *   *   *   *   *   *  
Jewelry repair   *   *   *   *   *   *  
Newspaper distribution   *   *   *   *   *   *  
Professional services4   *   *   *   *   *   *  
Sales representative5   *   *   *   *   *   *  
Seamstress, tailor   *   *   *   *   *   *  
Secretarial service   *   *   *   *   *   *  
Small engine, appliance   *   *   *   *   *   *  
Work processing, typing   *   *   *   *   *   *  
Notes:
1 The table lists specific home occupations and the districts in which they are permitted. Other home occupations may be permitted by the zoning official if they meet the standards specified in this chapter.
2 Includes, but is not limited to, carpentry, electrical, masonry, painting and plumbing.
3 Art, dance, music, tutoring; limited to no more than 2 students at one time.
4 Accountant, architect, attorney, engineer, etc.
5 Provided there is no exchange of tangible goods on the premises, though mail distribution may be allowed.  

(Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 224, 5-11-1999, eff. 6-3-1999)
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9-8A-9: PROHIBITED HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS: linklink

The following types of home occupations are prohibited in residential districts without a conditional use permit and city council approval:


A. A business which invites, attracts or receives customers or client traffic beyond the normal traffic associated with the residential district;


B. Businesses which require storage of equipment or inventory outside the home occupation location dwelling;


C. Any business which is conducted outdoors on the premises where the residential dwelling is located, except as specifically authorized in this chapter;


D. A business which would change the residential character of the neighborhood if permitted to operate and a home occupation business which has changed the residential character of the neighborhood where it is located;


E. Ambulance services;


F. Animal/veterinary clinics;


G. Auto painting, repair and body services;


H. Banks or credit unions;


I. Beauty salons and barber shops;


J. Cabinetry, mechanical repair or modification, fabrication, treatment or assembly of goods, the process of which requires intensive use of equipment, machinery, raw materials or component parts (e.g., welding, construction or assembly of cabinets or furniture, treatment of steel or the finishing of wood);


K. Clinics/hospitals;


L. Commercial stables;


M. Kennels;


N. Large engine repair;


O. Liquor establishments which either sell packaged liquor or serve alcohol;


P. Medical, dental, optical, etc., office;


Q. Mortuary;


R. Real estate or development sales offices;


S. Restaurants;


T. Taxi services;


U. Vehicle sales, leases or parts sales;


V. In order to avoid health and sanitation risks associated with disposal of medical wastes, medical, dental and other health professional offices are specifically excluded as home occupations; or


W. The proposed home occupation will not be in violation of any covenants, codes or restrictions (CC&Rs) for the subject property unless the CC&Rs are less restrictive than this code, in which case this code will prevail. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-10: APPLICATION PROCESS WHEN CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL ARE REQUIRED: linklink

The following procedures shall apply to all proposed home occupations which require a conditional use permit and city council approval:


A. When an application for a home occupation permit and license requires a conditional use permit to operate a home occupation in a residential district or neighborhood, the applicant must comply with all requirements for issuance of a conditional use permit, including, but not limited to, payment of any required fee;


B. Application for a home occupation conditional use permit may be made by the owner, purchaser under contract, or lessee of the property for which the permit is sought, or his agent, duly authorized in writing; and


C. An application for home occupation conditional use permit must be submitted on forms furnished by the building and zoning department. The building and zoning department may request any information as prescribed or reasonably necessary to process the application. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-11: CRITERIA FOR REVIEW OF APPLICATION FOR HOME OCCUPATION PERMIT BY BUILDING AND ZONING DEPARTMENT: linklink

For the purpose of the review of the building and zoning department, proposed home occupation businesses which do not comply with the following restrictions are considered major impact home occupation businesses:


A. The site is adequate in size and shape to accommodate the proposed activity;


B. The site is accessible by streets adequate in width and pavement type to accommodate the proposed activity;


C. The proposed use will have no adverse effect on abutting property or the permitted use thereof;


D. The activity shall be conducted entirely by persons residing therein except as authorized otherwise in this chapter;


E. No outside employees shall work on the premises except as authorized otherwise in this chapter;


F. The dwelling shall not be used to dispatch employees to their job sites, nor shall it be used as a site from which paychecks are issued;


G. The activity shall be secondary to the residential use and not change the residential character of the dwelling;


H. No exterior display or exterior storage of material or indication of said use shall be allowed;


I. No mechanical equipment or materials shall be used except those normally used for domestic, hobby or household purposes;


J. Such use shall not produce any offensive noise, vibration, smoke, dust, odor, heat, glare, electrical disturbance or in any way interfere with the peace, contentment or general welfare of the residential area; (Ord. 224, 5-11-1999, eff. 6-3-1999)


K. No more than one home occupation shall be permitted at any one residential property, unless the additional activity qualifies as a "no impact home occupation". No home occupation is allowed if such use of the property is deed restricted by CC&Rs or HOA rules; (Ord. 438, 7-27-2010)


L. Such activity shall not create any illegal discharge or materials, fluids, or gasses into the air or the sewer system;


M. There shall be no entrance or exits in the dwelling used solely for the home occupation activity; and


N. There shall be no advertising of the address or location to promote customer traffic. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-12: CONDITIONS OF LICENSE OR CONDITIONAL USE PERMIT; RENEWAL OF LICENSE: linklink


A. Either the building and zoning department or the city council may place reasonable conditions on the issuance of a home occupation either in granting a business license or conditional use permit in order to ensure that the proposed business will not disrupt or change the residential character of the residential neighborhood where the home occupation proposes to operate or to otherwise carry out the provisions of this section.


B. All home occupation permits and business licenses may be issued for no longer than one year in duration, unless determined otherwise by the city council, and may be renewed provided there have been no reported violations, complaints, or detrimental characteristics which may, in the opinion of the building and zoning department or the city council, require termination of the home occupation. In its discretion and for good cause, the building department or the city council may limit the home occupation license to six (6) months in duration. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-13: HEARING, FINDINGS AND CONDITIONS: linklink

Except for those home occupations which do not require a conditional use permit to operate in a residential district as set forth in this chapter, the city council, before granting a conditional use permit to allow the operation of a major impact home occupation in a residential district, shall find at a public hearing as follows:


A. That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by this title are compatible with the land and uses in the neighborhood;


B. That the streets and highways related to the site are adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;


C. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;


D. That the conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:

1. Special yards, spaces and buffers, fences and walls;

2. Regulations of points of vehicular egress and ingress;

3. Regulation of signs;

4. Regulation of noise, vibration, odors, etc.;

5. Regulation of time of certain activities;

6. Time period within which the proposed use shall be developed;

7. A request for a site plan for purposes of review, said site plan to be submitted by the applicant; and

8. Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in the zoning ordinance. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-14: ACTION BY CITY COUNCIL; CONDITIONS IMPOSED; EFFECTIVE DATE OF ACTION: linklink


A. The city council shall issue its decision at a public meeting following the public hearing on the matter.


B. The decision of the city council approving a major impact home occupation in a residential district shall set forth any recommended or required conditions deemed necessary to protect the health, safety and welfare of persons in the neighborhood and the community as a whole.


C. The action of the city council on a home occupation license request is effective when taken. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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9-8A-15: REVOCATION OF HOME OCCUPATION LICENSE: linklink

A business license or conditional use permit to operate a home occupation business may be revoked when:


A. The home occupation business has not commenced operation of the business activity within six (6) months of the date of final approval, unless a longer period is specified in the approval;


B. An applicant receives a business license to operate the home occupation at a new business address;


C. An applicant has not renewed his/her business license at his/her approved location within ninety (90) days of the expiration of the prior business license;


D. After a public hearing, the city council revokes any home occupation license for the following reasons:

1. Noncompliance with conditions set forth when the license of conditional use permit was granted;

2. It is determined that the home occupation licensee is adversely impacting the residential neighborhood by operation of the business; or

3. For violation of any of the requirements of this chapter or any provision of this code.


E. The licensee has been given written notice at least ten (10) days prior to a public hearing required on any proposed license revocation pursuant to this chapter or any other provision of this code. (Ord. 224, 5-11-1999, eff. 6-3-1999)

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