(A) Home occupations defined. A HOME OCCUPATION is defined as the operation of a business in a dwelling by an occupant as an accessory use. For the purpose of this title a cottage food operation will be considered a home occupation but will have additional requirements as regulated by the state law and County Department of Public Health.
(B) Permitted zoning districts for home occupations. A home occupation is allowed in the following zoning districts: AR, AP, R, RT, RR, R-1, and RM, including where these zones are overlaid by a combining zone, unless the standards of the combining zone would not permit the use.
(C) No permit required for home occupation. No permit is required for a home occupation.
(D) Home occupation regulations. The following regulations apply to all home occupations:
(1) A home occupation must be operated entirely inside of the primary dwelling unit or an accessory dwelling unit. Any dwelling which is used for a home occupation must be the primary residence of the person operating the business.
(2) No persons who are not residents of the primary dwelling or accessory dwelling unit may work onsite as part of the home occupation. Any number of on-site residents may work as part of a home occupation.
(3) Any number of home occupations may be operated at a single location, provided that the requirements of this section are followed.
(4) A home occupation shall be limited to only one client or customer visits to the site shall normally be limited to not more than three per day, and ten per week.
(5) Home occupations shall not include any of the following:
(a) Employment of any person not a resident of the dwelling unit.
(b) Generation of pedestrian or vehicular traffic beyond that normal to the district.
(c) Storage of materials or supplies outdoors.
(d) Show windows, window displays or on-site advertising to attract customers, clients or the general public to the premises.
(e) Any construction feature or alteration not of a residential character.
(f) Any operational characteristic or effect, including color, lighting, noise, vibration, electrical disturbance, smoke or odor discernable at the exterior boundaries of the building site which would identify the premises as serving a non-residential purpose.
(g) Storage or use of flammable or toxic substances or other materials deemed hazardous, beyond that normal to a residential or agricultural district.
(E) Permitted home occupations. Any business not specifically prohibited may be operated as a home occupation, so long as all of the limitations in this section are complied with.
(F) Prohibited home occupations. The following uses shall not be operated as a home occupation:
(1) Animal hospital or animal clinic.
(2) Clinic, hospital or facility for the care or treatment of human ills, including medical and non-medical treatments.
(3) Vehicle repair.
(4) The sale of vehicles by a dealer as defined in Cal. Vehicle Code § 285.
(5) Day care center.
(6) Massage parlors, saunas, Turkish baths or similar uses.
(7) Uses listed as permitted or conditionally permitted in the zoning district in which the home occupation is located shall be regulated as provided in that chapter.
(8) Any home occupation working outside the regulations set forth in this code will be subject to code enforcement procedures as outline under Title 1: General Provisions; Code Enforcement.
(G) Home occupation signs.
(1) A home occupation may display one non-illuminated, single-faced sign for the purposes of advertisement not more than three square feet in area, displaying the name of the person conducting the home occupation or rural home enterprise use and/or the street address of the property shall be allowed.
(2) The sign must be located either flat against the front wall of the dwelling or not closer than 20 feet from the parallel of the front street property line.
(3) One sign is permitted at one address, regardless of the number of home occupations operating at the address.
(H) Business license tax. All businesses are subject to Title 5, Article IV, Business License Tax.
(I) Cottage food operations. All cottage food operations shall comply with the standards and provisions in the home occupations section, as well as regulatory standards established by state law (Cal. Gov’t Code §§ 51035 et seq. and Cal. Health and Safety Code §§ 114365 et seq.) and the San Benito County Department of Public Health.
(J) Rural home enterprise defined. A RURAL HOME ENTERPRISE is defined as the operation of a business in a dwelling or accessory structure by an occupant and a limited number of non-resident employees as an accessory use.
(1) Permitted zoning districts for rural home enterprises. Rural home enterprises are allowed in the AR, AP, R, and RT zones, including where these zones are overlaid by a combining zone, unless the standards of the combining zone would not permit the use.
(2) Permit required for rural home enterprise.
(a) A rural home enterprise requires the issuance of an administrative use permit.
(b) As provided in this section, a conditional use permit may be used to allow certain expansions in the operations of a rural home enterprise.
(K) Rural home enterprise regulations. The following regulations apply to all rural home enterprises. Additional limitations may be imposed as part of an administrative use permit or conditional use permit for the rural home enterprise.
(1) A rural home enterprise must be operated entirely inside of the primary dwelling unit or accessory dwelling unit or entirely within one accessory structure.
(2) A rural home enterprise may be operated on any parcel in the allowed zoning districts. No minimum parcel size is required.
(3) Up to five non-residents may work onsite as part of a rural home enterprise, unless additional non-resident onsite employees are permitted via a conditional use permit.
(4) Any number of on-site residents who may work as part of a rural home enterprise.
(5) A maximum of one rural home enterprise may be operated at a single location.
(6) A rural home enterprise may be operated at the same location as one or more home occupations.
(7) Businesses must operate between 8 am and 7 pm weekdays, unless different hours and days of operation are approved through a conditional use permit.
(L) Rural home enterprises shall not include any of the following:
(1) Employment on the premises of more than five (5) persons other than members of the family occupying the dwelling unit, unless permitted via a Conditional Use Permit.
(2) Generation of pedestrian or vehicular traffic which would negatively affect the surrounding properties.
(3) Storage of materials or supplies outdoors.
(4) Show windows, window displays or on-site advertising to attract customers, clients or the general public to the premises;
(5) Any operational characteristic or effect, including color, lighting, noise, vibration, electrical disturbance, smoke or odor discernable at the exterior boundaries of the building site which would identify the premises as serving a nonresidential purpose.
(6) The sale of products on the premises not related to the Rural Home Enterprise;
(7) The storage or use of flammable or toxic substances or other materials deemed hazardous, beyond that normal to a residential or agricultural district.
(M) Permitted rural home enterprises. Any business not specifically prohibited may be operated as a home occupation, so long as all of the limitations in this section are complied with. Uses listed as permitted or conditionally permitted in the zoning district shall be regulated as provided in that chapter.
(N) Prohibited rural home enterprises. The following uses may not be operated as a rural home enterprise:
(1) The sale of vehicles by a dealer as defined in Cal. Vehicle Code § 285.
(O) Rural home enterprise permit filing requirements. An application for an administrative use permit or conditional use permit shall be filed as provided in this code.
(P) Rural home enterprise permit review and findings. An administrative use permit or conditional use permit for a rural home enterprise shall be reviewed, and findings made as provided in this code, including the following findings:
(1) That the proposed use, if it complies with all conditions upon which approval is made contingent, is in conformance with the “Home Occupations” and “Rural Home Enterprises” regulations of this code.
(2) Conditions of approval may be imposed to ensure that all required findings for approval can be made and the use will operate as provided in this section.
(Q) Business license tax. All businesses are subject to Title 5, Article IV, Business License Tax.
(R) Permit modification or revocation. An administrative use permit or conditional use permit for a rural home enterprise can be modified or revoked per the procedures set forth in this code. Any rural home enterprise working outside the regulations set forth in this code will be subject to code enforcement procedures under Title 1: General Provisions; Code Enforcement.
(Ord. 1043 § 3 (part), 2022; Ord. 1049, § 3, 2022)