(A) Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.
(B) Permits required.
(1) Home occupation permit. A home occupation that complies with all standards in division (E) below is permitted by-right with a zoning clearance.
(2) Minor use permit. A home occupation that does not comply with one or more standards in division (E) below may be allowed with a minor use permit.
(C) Business license. All persons conducting a home occupation must obtain a City of Eureka business license.
(D) Applicant agreement. All applicants requesting approval of a home occupation must sign a statement that they have read, understand and will comply with the city’s home occupation requirements.
(E) Standards. The following standards apply to all home occupations.
(1) Accessory use. The home occupation must be clearly secondary to the primary use of the property as a residence.
(3) Residential appearance. Except for a permitted sign, the existence of the home occupation may not be apparent beyond the boundaries of the site, and no permit to alter the exterior of the structure for the home occupation may be approved.
(4) Off-site effects. A home occupation may not create dust, fumes, odors, smoke, noise, vibration or electrical interference that is perceptible beyond the property line.
(5) Hazardous materials prohibited. The storage and use of flammable, combustible or explosive materials must receive approval from the Chief Building Official. Typically, the only such materials that will be allowed are limited to small quantities of fuel for landscaping equipment, contained mini-torches used for sculpting glass and other similar modest quantities of materials associated with approved home occupation business types.
(6) Outdoor display or storage. Window displays, outdoor storage or display of equipment, materials or supplies associated with the home occupation are not allowed.
(7) Employees. A maximum of two on-site non-resident employees is allowed.
(8) Client/customer visits. Except when allowed by division (E)(9) below, only ten vehicle trips per day of clients or customers to the residence are allowed. Client or customer visits are limited to the hours between 8:00 a.m. and 8:00 p.m.
(a) For retail, commercial service and office home occupations, no more than one client or customer may be on-site at any given time.
(b) For instructional services, tutoring, gyms and other similar home occupations as determined by the Director, a maximum of ten students, clients or customers may be on-site at any given time.
(9) Special events. A home occupation may host up to four special events per year where the client/customer limitations in division (E)(8) above do not apply. Special events include music recitals, dance performances, gallery open studios and other similar events.
(10) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight, except for FedEx, UPS or USPS-type home deliveries and pick-up.
(11) Parked vehicles. Commercial vehicles/trailers greater than 19,500 pounds gross vehicle weight used by the home occupation may not be parked on site or on street.
(F) Cottage food operations. Cottage food operations (CFO) as defined in Cal. Health and Safety Code § 113758 and Cal. Gov’t Code § 51035 are a permitted home occupation subject to the following requirements:
(1) The cottage food operation must comply with home occupation standards in § 155.304.070(E) (Standards).
(2) All cottage food operations must be registered or permitted by Humboldt County Department of Environmental Health before commencing business.
(Ord. 885-C.S., passed 5-21-19)