A home occupation shall include any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof. The use shall be clearly incidental and secondary to the principal use of the residence.
(a) Home occupation permits: Issuance. A home occupation permit shall be issued if the Community Development Director determines that such use complies with the following criteria:
(1) A maximum of two (2) employees per day, not occupants of the residence and only during the hours of 8:00 a.m. and 8:00 p.m., shall be allowed at the residence. No more than one employee shall be allowed at the residence at a time.
(2) No use of material or mechanical equipment which creates or emits light, sound, or vibration, or produces an odor, which can be heard, felt, or otherwise sensed upon adjoining property or public rights-of-way shall be permitted except uses compatible with the permitted residential uses.
(3) No commodities or services shall be advertised on the premises.
(4) No signs or structures shall be permitted other than those normally permitted in the zone.
(5) The use shall not create pedestrian or vehicular traffic other than normal to the residential use of said premises as follows:
(i) No more than four (4) visitors or customers a day shall be allowed in connection with the home occupation and may only be present between the hours of 8:00 a.m. and 8:00 p.m., except as provided in subsection (ii).
(ii) No more than two (2) students shall be allowed on the premises at the same time for music lessons, tutoring, or other instructional purposes and may only be present between the hours of 7:00 a.m. and 9:00 p.m. However, group instruction of up to eight (8) students at the same time shall be allowed once a week.
(6) No identifiable commercial vehicles in connection with the home occupation shall be permitted for delivery of materials to or from the premises except those vehicles that normally make deliveries to or pickups from households in residential areas.
(7) No outdoor storage of materials or supplies visible from the public street or adjacent property shall be permitted in connection with the home occupation.
(8) The appearance of the structure shall not be altered, nor shall the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use.
(9) The home occupation must have sufficient parking on the premises to accommodate both residential and home business uses.
(10) No more than one vehicle used exclusively for, or in any way identifiable as related to, the home occupation may be used or stored on the premises. There shall be no parking or storing of commercial vehicles on public streets in connection with the home occupation. Commercial vehicles used for, or in any way related to the home occupation shall not be stored on the premises, or parked on the street unless otherwise permitted. As used herein, commercial vehicles are as defined in the California Vehicle Code.
The Community Development Director or designee may impose conditions upon the approval of a home occupation permit, as deemed necessary to insure compliance with the criteria listed in this section, to maintain the residential character of the neighborhood, and to require compliance with all Federal, State and local requirements.
(b) Home occupation permits: Revocation. A home occupation permit granted in accordance with the provisions of this chapter may be terminated if the Community Development Director makes any of the following findings:
(1) That any condition of the home occupation permit has been violated;
(2) That the use has become detrimental to the public health or traffic or constitutes a nuisance;
(3) That the permit was obtained by misrepresentation or fraud;
(4) That the use for which the permit was granted has ceased for six (6) consecutive months or more; and
(5) That the condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.
Any determination of the Community Development Director under the provisions this section may be appealed to the Commission pursuant to the provisions of Article 28 of this chapter.
(c) Home occupation permits: Nontransferability. A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.
(d) Nonconforming home occupations. Non-conforming home occupations shall be discontinued or shall comply with all the provisions of this section on or before December 3, 2003.
(§ 8160.15, T.O.O.C., as amended by § II, Ord. 231, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, § 1, Ord. 219-NS, eff. August 19, 1971, and § 1, Ord. 1409-NS, eff. July 3, 2003)