The purpose of this Section is to provide permit procedures for establishing a home-based business within any residential dwelling unit in the City.
(Ord. 2500 § 4, 2012)
The establishment of a home-based business, as defined in Article 7, within any residential dwelling unit requires the issuance of a home-based business zoning clearance permit. A business license will not be issued for a business in a residential dwelling without the approval of the home based-business zoning clearance permit.
(Ord. 2500 § 4, 2012)
An application for permission to conduct a home-based business shall be made by submitting a completed home-based business zoning clearance application along with a complete business license application. The Community Development Director shall have the authority to investigate and review all such applications, and shall have the authority to determine whether the application and questionnaire meet the most restrictive interpretation of the home-based business regulations of Westminster Municipal Code Section 17.400.075.
The permitted businesses and permit issuance procedures are established as follows:
A. 
Home-Based Business Zoning Clearance Permit
1. 
Application. An application for a home-based business permit shall be submitted to the Division on forms supplied by the Division. The applicant shall provide the all information required by the application. The application must include the written permission of the home owner or property manager.
2. 
Permit determination. Upon 10 days of receipt of a completed application, the Director or designee may deny, approve, or conditionally approve an application. Any home-based business that is not prohibited by Section 17.400.075.C and which meets all the operational standards in Section l7.400.075.B may be approved or conditionally approved. When making this determination of compliance the most restrictive interpretation of the home-based regulations shall apply. The Director or designee shall deny any home business that is prohibited by Section l7.400.075.C or a proposed business which cannot adequately demonstrate full compliance with all home-based business operating standards subject to the satisfaction of the Director.
(Ord. 2500 § 4, 2012)
A home-based business permit shall remain valid until it is revoked pursuant to Chapter 17.660, Revocations and Modifications and WMC Section 17.530.040, until termination of the residence by the original permittee, or upon failure to renew the business license. A home-based business permit shall not be transferred, assigned, or used by any other person other than the original permittee, and will not be valid at any location other than the address designated on the permit.
(Ord. 2500 § 4, 2012)
The decision of the Director may be appealed to the Planning Commission within 15 calendar days of the Director's decision. The appeal shall be submitted in writing to the Planning Commission secretary along with the filing fee, as adopted by Council resolution. The decision of the Commission may be appealed to the City Council within 15 calendar days of the Commission's decision. The appeal shall be submitted in writing and shall be filed in duplicate with the secretary of the Planning Commission, along with the filing fee, as adopted by Council resolution.
The burdens of proof that the proposed home-based business shall fully comply with all conditions and criteria for home-based business shall rest upon the appellant. If there exists any doubt by the Planning Commission that any condition or criteria will not be fully complied with, the appeal shall be denied.
(Ord. 2500 § 4, 2012)
Upon being granted a home-based business permit, the applicant shall obtain from the City a valid business license. No business activity shall take place at the dwelling unit until the business license has been issued.
(Ord. 2500 § 4, 2012)
An inspection may be required as a condition of approval, and from time to time, to ensure compliance of provisions of this Chapter. Prior to commencing any inspection, the authorized inspector shall either obtain the consent of the owner or occupant of the dwelling unit, or the inspector shall obtain an administrative warrant or criminal search warrant.
(Ord. 2500 § 4, 2012)
The Commission and/or Council may hold a public hearing to revoke or modify any home-based business zoning clearance permit on anyone of the following grounds:
A. 
That such approval was obtained by fraud.
B. 
That the home-based business permit has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation for which the approval was granted.
C. 
That the home-based business permit for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
A decision to revoke a home business permit shall also revoke the business licensees) associated with that permit.
(Ord. 2500 § 4, 2012)
Following the denial or revocation of a home-based business, no new application for a home-based business for the same or substantially the same request on the same or substantially the same site shall be filed within one year from the date of denial or revocation of said home-based business.
(Ord. 2500 § 4, 2012)