This chapter is intended to provide a process for reviewing
home occupation permit (HOP) applications which are intended to allow
for business related activities which are deemed to cause minimal
impact(s) on neighboring parcels, if conducted in compliance with
the applicable standards of this Development Code and appropriate
locational and operational conditions imposed by the Director.
(Prior code § 16-530.010)
The Director is the Review Authority for home occupation permits. The Director may review and approve a home occupation permit, subject to the appeal provisions of Chapter
16.100 (Appeals).
(Prior code § 16-530.020)
This chapter shall apply to all residential dwelling units in
the City, including legal nonconforming residential dwelling units.
(Prior code § 16-530.030)
The following activities shall not be considered home occupations, are exempt from the requirements for a home occupation permit, and do not have to comply with the locational and operational standards identified in Section
16.80.160 (Home occupations), provided they occur no more than four days within a single calendar year:
A. Boutique Sales. Boutique sales of products handmade at the
residence by the resident(s), including jewelry, pottery, ceramics,
glass and metal art, and craft products; does not include the assembly
and sale of baskets, balloons, or other pre-purchased items;
B. Garage Sales. Garage sales of used personal property owned
by the resident(s).
(Prior code § 16-530.040; Ord. 023-07 C.S. § 109; Ord. 001-08 C.S. § 26)
The following are deemed appropriate business activities when conducted by the resident(s) of a dwelling in a manner accessory to, and compatible with, the residential characteristics of the surrounding neighborhood. Specific uses listed in Section
16.132.060 (Prohibited home occupation uses), below, shall not be allowed as a home occupation even if the activity could be interpreted to fall under one of the following allowed activities. Allowable home occupations shall include, but are not limited to, the following activities:
A. Art
work; artist's and sculptor's studio activities;
C. Lessons
which do not generate pedestrian or vehicular traffic in excess of
that normally attributed to the residential dwelling in which it is
located, including lessons for art, music, and similar fine-art related
activities; swimming; and tutors;
E. Sewing,
dressmaking, tailoring, hatmaking, and fashioning of other apparel;
G. Custom,
one-of-a-kind items;
H. Items
created or assembled by hand, hand tools, or small mechanical equipment;
J. Handyman/landscaping
services;
M. Mobile
retail (e.g., mobile, flea market, farmers market, and seasonal vendors);
N. Non-medical
transport; or
O. Other
uses that may, as determined by the Director, be of the same general
character as those listed above, incidental to or compatible with
residential activities, and not objectionable or detrimental to the
applicable zoning district.
(Prior code § 16-530.050; Ord. 2020-06-09-1501 C.S. § 29)
The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore shall not be allowed, under any circumstances, as home occupation activities, even if, the activity could be interpreted to fall under an allowed use listed in Section
16.132.050 (Allowable home occupations), above, except for the use of an office only for such an activity unless otherwise stated. Prohibited home occupations shall include the following activities:
A. Adult
entertainment activities;
B. Animal
hospitals and grooming facilities;
C. Automotive
and other vehicle (boats, motorcycles, or trucks) repair (body or
mechanical), reconditioning, servicing, manufacture of any internal
combustion or diesel engine, painting, or storage;
E. Commercial
cabinet or furniture making businesses (Does not include woodworking
as a hobby);
F. Contractor's
storage yards;
G. Dismantling,
junk, or scrap yards;
I. Massage,
acupressure, fortune telling, and related activities, including offices
for such uses;
J. Medical
clinics, laboratories, and offices;
K. Non-office
activities which are routinely conducted in commercial and industrial
zoned areas;
L. Sales
of building materials and home furnishing materials including carpeting,
floor covering, tile, lumber, and other similar materials;
M. Uses
which require explosives, flammable, or highly combustible or toxic
materials, including guns and ammunition;
N. Welding,
industrial, and machine shop operations; or
O. Other
uses the Director determines to be similar to those listed above.
(Prior code § 16-530.060)
The applicant shall prepare a home occupation permit application
for review by the Director that shall include the following information:
A. Application. Completed planning application form, with disclosure
form, and required fee and attachments in compliance with the Department
handout for home occupation permits;
B. Signature(s) Required. The application shall be signed by
the applicant for the home occupation permit. If the applicant is
not the owner of the property where the home occupation is to be conducted,
the application shall be signed by the owner or a signed statement
from the owner approving the use of the dwelling unit for home occupation
purposes shall be submitted with the application, in addition to the
signature of the applicant; and
C. Detailed Description. Accurate and detailed description of
the proposed use, including the location for the storage of materials
and equipment and the total square footage to be utilized for the
home occupation.
(Prior code § 16-530.070)
A. Filing. An application for a home occupation permit shall
be completed and filed with the Department and shall be accompanied
by the fee required by the Council's fee resolution. For apartments,
a site plan shall be submitted showing the location of the apartment
proposed to be used for the home occupation.
B. Compliance With Standards. Upon acceptance of a home occupation permit application, the Director shall review the request for compliance with the locational and operational standards identified in Section
16.80.160 (Home occupations) and the requirements of this chapter. The review may include on-site inspection of the subject parcel, if deemed necessary by the Director.
C. Notice. Notice shall not be required for home occupation permits.
D. Director Decision. Following review by the Director, the Director shall, in compliance with Section
16.88.050 (Review without notice procedure), approve, approve with conditions, or deny the application.
(Prior code § 16-530.080; Ord. 018-06 C.S. § 1; Ord. 023-07 C.S. § 110)
A. Decision. A home occupation permit application may be approved, approved with conditions, or disapproved by the Review Authority in compliance with Section
16.132.080(C) (Procedures). CC&Rs shall not be considered by the Review Authority in rendering a decision on the home occupation permit application. It is the responsibility of the applicant to establish evidence in support of the required findings.
B. Findings. A home occupation permit application may be approved
by the applicable Review Authority only if all of the following findings
of fact can be made:
1. The requested home occupation is not prohibited in compliance with Section
16.132.060 (Prohibited home occupation uses);
2. The requested home occupation permit would comply with the locational and operational standards identified in Section
16.80.160 (Home occupations); and
3. The establishment, maintenance, or operation of the proposed home
occupation at the location proposed would not adversely impact, endanger,
jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed home occupation.
(Prior code § 16-530.090)
Unless otherwise stated below, the requirements for use of property, owner responsibility, issuance of a business license, maintenance, and expiration of the project following approval of a home occupation permit shall be in compliance with Chapter
16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a home occupation permit:
A. Appeals. Appeals in compliance with Chapter
16.100 (Appeals);
B. Effective Date. A home occupation permit shall be effective
on the date the home occupation permit is issued by the Director,
or if appealed, 10 days after approval by the Commission;
C. Expiration Before Initiation/Extension. Expiration/extensions in compliance with Chapter
16.96 (Expirations and Extensions);
D. Changes to a Home Occupation Permit. Changes to the project in compliance with Chapter
16.104 (Changes to an Approved Project);
E. Inspections. The Director shall have the right at any time, upon written request at least three days prior, to enter and inspect the premises subject to a home occupation permit in order to verify compliance with the locational and operational standards identified in Section
16.80.160 (Home occupations). Refusal of an inspection is grounds for a revocation/modification in compliance with Chapter
16.108 (Revocation and Modification);
F. Nontransferable. A home occupation permit shall be applicable
only to the applicant and the location identified in the application,
and may not be transferred to another person or location; and
G. Revocation/Modification. Revocation/modification in compliance with Chapter
16.108 (Revocation and Modification).
(Prior code § 16-530.100; Ord. 023-07 C.S. § 111)