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DIVISION 5. COMMUNITY OWNERSHIP UNITS
(A) As used in this division, a “community ownership unit” means any townhouse condominium, condominium, office condominium, commercial condominium, industrial condominium, residential stock cooperative, commercial stock cooperative, industrial stock cooperative, community apartment, or timeshare.
(B) No building shall be constructed which is intended to be sold, nor shall any existing building be converted for sale as a community ownership unit, until a special permit is obtained. If a special use permit or a planned development permit is required by another provision of this chapter, only one application need be filed and only one fee paid.
(C) A special use permit may be granted for a community ownership unit that is consistent with the adopted general plan; conforms to policies, ordinances and standards that are related to the specific area and type of development; and conforms to the requirements set forth in the standards pertaining to any form of a community ownership unit. The conditions imposed on a special use permit for a community ownership unit may address factors affecting the establishment, operation or maintenance of the requested use, including but not limited to:
(1) Number and type of units, patios, common areas, parking, pathways, entrances, landscaping, communication terminals, design, aesthetics, utilities, amenities, circulation, storage, buffers, building orientation, security, handicap facilities, energy efficiency, mitigation of adverse environmental impacts, owners’ association, and deed restrictions;
(2) Those factors identified in section 16-532 of this code; and
(3) Other factors affecting the public health, safety and welfare.
(`64 Code, Sec. 34-112.2) (Ord. No. 1706, 1814, 1959)
DIVISION 6. HOME OCCUPATIONS
A home occupation permit shall be issued by the director, who may impose reasonable conditions on the permit to mitigate potential adverse impacts. An application for a home occupation permit shall be made on a form provided by and filed with the director. A city business license shall be obtained in accordance with Chapter 11 of the code prior to or concurrently with an application for a home occupation permit. The applicant is responsible for complying with all city, county, State and federal requirements including business license requirements and local zoning laws. Payment of the business license tax is not an endorsement of the business or verification of competency or reliability.
(`64 Code, Sec. 36-8.13.3) (Ord. No. 2130, 2829)
(A) The use authorized by a home occupation permit shall be initiated within 30 days of final approval. If not initiated within 30 days, the home occupation permit shall automatically be null and void.
(B) A home occupation permit shall become null and void when the use for which the permit was granted ceases or is suspended for more than 30 days, or if a valid business license is not maintained for the home occupation.
(Ord. No. 2829)
(A) Home occupations shall operate according to the following standards:
(1) No permit shall be issued for a home occupation that violates any provision of the city code.
(2) The operation of a home occupation shall not alter the appearance of the dwelling unit by the use of colors, materials, lighting, signs or exterior alterations not compatible with the surrounding area. No structural alterations shall be permitted within the dwelling to separate any area used for a home occupation from the principal dwelling space.
(3) A home occupation permit shall only be approved for a resident of the subject property. No area used for a home occupation shall be subleased or rented to another party.
(4) The home occupation shall not include direct sales of goods or displays of goods on the premises.
(5) There shall be no on- or off-site advertising that identifies the home occupation by street address, except as may be required by State law or by city business licensing requirements.
(6) The home occupation shall be conducted indoors and confined completely within a dwelling or accessory building. The area used for a home occupation shall not exceed 25% of the gross area of one floor of the dwelling or accessory building.
(7) Use of a garage for home occupation purposes shall not interfere with the permanent maintenance of off-street parking spaces, including required garage spaces.
(8) A single vehicle no larger than a two axle vehicle and weighing no more than 10,000 pounds used in connection with a home occupation may be parked at the dwelling. Parking for any vehicle used in connection with the home occupation shall be provided off-street.
(9) The home occupation shall not encroach into any required parking, setback, or open space area.
(10) Activities conducted by and equipment or material used in the home occupation shall not change the fire safety or occupancy classifications of the dwelling or accessory building, or use utility or solid waste services in amounts greater than normally provided for the residential use.
(11) No employees other than residents of the dwelling shall be allowed in connection with a home occupation, except that babysitters or domestic staff shall not be considered employees of a home occupation.
(12) Customers or clients of the home occupation shall not call upon the premises arriving either by vehicle or as pedestrians, with the exception of individual tutorial instruction including music or academic lessons limited to no more than one person at any time subject to the other provisions of this section.
(13) The applicant for a permit for a home occupation that is to be conducted on rental property shall submit the property owner's written authorization for the proposed use prior to the issuance of a home occupation permit.
(14) If the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold or shipped directly to customers located at an off-premises location.
(15) The home occupation shall not involve the interior or exterior use or storage of material or mechanical equipment which is not part of a normal household or hobby use.
(16) Home occupations shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.
(17) The home occupation shall not create more noise, light, vibration, smoke, odor, humidity, heat, cold, glare, dust or dirt, electrical interference, pedestrian activity, vehicular traffic, or television or radio interference, than is customary in the residential area in which the home occupation is located.
(18) Deliveries to a home occupation shall not involve types of vehicles or more frequent deliveries than are customary for a residential area.
(`64 Code, Sec. 36-8.13.4) (Ord. No. 2130, 2829)
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