Chapter 16.327 — HOME OCCUPATION PERMITS

It is the intent of this chapter to provide for certain limited types of commercial or professional activities in conjunction with the use of a single-family and multifamily dwelling unit, provided that such activities are of a limited nature which will have no adverse effect on the neighborhood.

(08-05)

Prior to the initiation of any home occupation, a home occupation permit shall be obtained from the Director and must be renewed on an annual basis.

The Director may grant a home occupation permit upon the finding that all of the criteria in Section 16.327.020 are and can continue to be met, and may include such conditions as necessary to assure compliance with the criteria in Section 16.327.020 . The Director's decision may be appealed to the Planning Commission. Such appeal must be submitted in writing with reference made to the criteria in Section 16.327.020 which are questioned. (08-05)

All home occupations and limited commercial uses shall meet the following criteria:

• A. The limited business or home occupation use is merely incidental to the primary use of such dwelling unit for residential purposes.

• B. The person conducting the business or home occupation actually resides within the dwelling where located.

• C. Not more than one room or an area not to exceed 300 square feet shall be used for a permitted activity.

• D. There shall be no employment of persons outside the resident family except for one nurse or receptionist or one draftsman or stenographer or other clerical aide.

• E. All permitted home occupation activities shall be conducted in an fully enclosed building, except that occasional or seasonal swimming instruction may occur in outdoor residential swimming pools.

• F. No portion of any garage or carport shall be used for limited business or home occupational purposes, except work or storage areas in addition to required parking spaces. Any reduction in required parking spaces shall be prohibited.

• G. There shall be no sales of goods or merchandise on the premises, except by telephone or catalog and delivered off premises.

• H. The permitted use shall not be injurious to the use of the neighborhood property for residential purposes by reason of noise, odor, radio, or other electrical interference, or excessive parking or traffic problems. Upon a finding by the Planning Commission that any home occupation by virtue of its location, extent, or other specific findings, has become a detrimental factor sufficient to cause blight or other detrimental impact upon a neighborhood, this use shall be abated as provided for in Chapter 16.406 of this title.

• I. No display or advertising shall be allowed upon said premises except a nameplate, not over one square foot in area, and stating only the name of the proprietor and his or her profession or calling.

• J. The appearance of the structure shall not be so altered, nor shall the operation of any occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials, or construction, lighting, signs, sounds or noises, vibrations, etc.).

• K. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

• L. All equipment, tools and materials used in a home occupation shall be stored or parked in an enclosed building. No exterior storage shall be permitted without approval of the Director of Community Development.

• M. Applicants requesting home occupations for catering, food handling, minor baking and cooking for public consumption shall provide written evidence of being licensed and held in good standing by state or county agencies regulating such activities/professions prior to the issuance of the home occupation. All such activities shall also comply with all other criteria applicable to home occupations.

(08-05)

Fees shall be established by resolution of the City Council. (08-05)

The following uses are prohibited as home occupations as they are not compatible with a residential neighborhood because of their potential to create a nuisance or hazardous condition:

• A. Kennel.

• B. Repair on the premises of major appliances such as machine washers, dryers, stoves, dishwashers, and motorized garden tools such as lawnmowers, chainsaws and leaf blowers, and similar appliances and equipment.

• C. Pest control.

• D. Vehicle related services on the premises such as, but not limited to, automobile repair, maintenance, dismantling, embellishment, cleaning, installation, manufacturing, or towing vehicles.

• E. Welding.

• F. Providing personal services such as beauty, hair, skin care, and nail services on the premises.

G. Any use which requires a hazardous materials permit from the Fire Department. (08-05)