Chapter 17.27 — HOME OCCUPATIONS

This chapter is intended to permit a home occupation as an incidental and accessory use in residential and residential mixed-use zoning districts under conditions that will ensure that the use is and remains compatible with the residential character of the neighborhood.

• A. This chapter shall apply to all home occupations as defined in Part 7 (Definitions), including minor and major home occupations.

• B. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

The request for approval of a home occupation shall be submitted to the Development Services Department on an application approved by the Development Services Director, unless otherwise stated in this chapter. The review authority shall depend on the type of home occupation permit requested, as defined in Section 17.27.040 . Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

Home occupation means the conduct for pecuniary gain of an art or profession, the offering of a service, or the conduct of a business or handicraft manufacture of products within or from a residence in a residential zone. A home occupation is incidental and secondary to the primary residential use and does not change the residential character of the neighborhood. There are two classes of home occupations:

• A. Minor Home Occupations. Types of minor home occupations include professional offices for accountants, architects, one-on-one instruction such as tutoring and music lessons for no more than two students at a time, computer programmers, engineers and other similar professions; art studios; telephone sales and surveys; and domestic services, including food cottages, laundry, ironing, and sewing. Minor home occupations receive no more than six clients or visitors per day.

• B. Major Home Occupations. Types of major home occupations include equipment repair, contractor's office, light assembly and shipping, catering, food processing, and home professional offices. Major home occupations receive no more than 12 clients or visitors per day.

• A. Minor Home Occupations. The establishment of a minor home occupation is permitted in all zones allowing residences with the approval of a home occupation permit. The Development Services Director may impose special conditions depending on the nature of the proposed business.

• B. Major Home Occupations. The establishment of a major home occupation is permitted in all zones allowing residences with the approval of an administrative use permit. The Development Review Committee may impose special conditions depending on the nature of the proposed business.

The following uses, and those with similar characteristics, are prohibited as home occupations: photography studio, beauty parlor, barber shop, nail salon, massage parlor, pet grooming, appliance or vehicle repair shops, animal hospital, medical practitioner, clinic, music school, dancing school, business school, any other school or program with organized classes, except for individual instruction.

All home occupations shall comply with the following standards:

• A. Relationship to Dwelling Unit. There shall be no exterior evidence of the conduct of the home occupation. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling unit and may not be conducted in an accessory structure.

• B. Outdoor Storage Prohibited. Goods and materials associated with a home occupation shall be stored within an enclosed structure. The storage of flammable, combustible, or explosive materials shall be strictly prohibited.

• C. Vehicles. The home occupation shall not create off-street or on-street parking, vehicular or pedestrian traffic which is greater than normally associated with a strictly residential use of the premises, except for individual instruction or client visits in conformance with definitions provided in Section 17.27.040 . The resident with the home occupation may not keep a vehicle greater than one ton at the premises and may not have more than one such vehicle. Any trailer or wheeled equipment incidental to the home occupation shall be kept within an enclosure and not be visible from off-site. Any vehicle used in association with a home occupation shall be prohibited from parking on the street (i.e., taxis, limos, vans, work trucks, etc.).

• D. Performance Standards. Home occupations shall not generate noise exceeding levels permitted by Upland Municipal Code Chapter 9.40 (Unnecessary Noise), dust, odors, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

• E. Deliveries. Deliveries and pick-ups for home occupations shall not exceed the volume normally associated with residential uses (no more than three deliveries per day), shall not interfere with vehicle circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

• F. Size. Home occupations shall be located entirely within the dwelling unit and shall not occupy more than 25 percent of the gross floor area of the dwelling unit.

• G. Employees. Employees of a minor home occupation shall be limited to the persons residing in the dwelling unit except that non-residents may be employed as long as they do not work, meet, or leave vehicles at the residence. Major home occupations are allowed two additional persons in addition to those residing in the dwelling unit.

• H. Clients. No more than six clients per day are permitted to visit a minor home occupation. No more than 12 clients per day are allowed to visit a major home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m.

• I. Sales. There shall be no on-site sale of products.

• J. Building Code. Minor and major home occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling.