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9-8A-4: PERFORMANCE STANDARDS:
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)
9-8A-5: NO IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE REGISTRATION BUT DO NOT REQUIRE A PERMIT OR BUSINESS LICENSE:
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)
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:
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)
9-8A-7: APPLICATION FOR PERMIT AND LICENSE TO OPERATE HOME OCCUPATION; FEE REQUIRED:
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 twenty five dollars ($25.00) must be submitted by the applicant with the permit application. The Building and Zoning Department shall inspect the premises and work area of every home application location, if determined to be a major impact home occupation. (Ord. 537, 8-28-2018, eff. 9-18-2018)
9-8A-8: DUTIES OF BUILDING AND ZONING DEPARTMENT:
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
Home Occupation
District
A
RE-1
RE-2
RE-3
SF
MF-1 -5
MF-4
Home Occupation
District
A
RE-1
RE-2
RE-3
SF
MF-1 -5
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)
9-8A-9: PROHIBITED HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS:
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; (Ord. 224, 5-11-1999, eff. 6-3-1999)
   T.   Taxi services, not applicable to transportation network drivers; (Ord. 537, 8-28-2018, eff. 9-18-2018)
   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)
9-8A-10: APPLICATION PROCESS WHEN CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL ARE REQUIRED:
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)
9-8A-11: CRITERIA FOR REVIEW OF APPLICATION FOR HOME OCCUPATION PERMIT BY BUILDING AND ZONING DEPARTMENT:
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)
9-8A-12: CONDITIONS OF LICENSE OR CONDITIONAL USE PERMIT; RENEWAL OF LICENSE:
   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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