The purpose of a zoning certificate is to provide a preliminary review for proposed business uses to determine consistency and conformance with requirements of the applicable zoning district.
(1207-CS, Rep&ReEn, 05/28/2015)
A zoning certificate shall be required prior to the commencement of any new business use or change of ownership upon application for a business license. A zoning certificate shall not be required for the renewal of a business license for existing businesses.
(1207-CS, Rep&ReEn, 05/28/2015)
An application for a zoning certificate may be made at the same time the application for a business license is made. The acceptance of an application shall not constitute any indication of approval.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Director shall check the application to assure compliance with all the provisions of this chapter and may issue the zoning certificate upon determining that proposed use either conforms with the standards of the applicable zoning district or constitutes a previously conforming use.
(1207-CS, Rep&ReEn, 05/28/2015)
Should the Development Services Director determine that the proposed use does not conform to the standards of the zoning district or constitute a previously existing conforming use, approval of the zoning certificate application shall be denied.
(1207-CS, Rep&ReEn, 05/28/2015)
The zoning certificate shall become effective immediately after the issuance of such certificate by the Development Services Director. However, the approved use shall not commence until a certificate of occupancy has been issued by the Building and Safety Division.
(1207-CS, Rep&ReEn, 05/28/2015)
The zoning certificate shall expire six (6) months after the effective date if the use has not commenced within this time. If the approved use has commenced within six (6) months of the effective date, the zoning certificate shall expire concurrently with the expiration of any associated business license.
(1207-CS, Rep&ReEn, 05/28/2015)
An application for a home occupation permit shall be submitted to the Secretary of the Planning Commission by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or his authorized representative.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Conditions. No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:
(1) 
The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.
(2) 
The home occupation shall be conducted entirely within the residential dwelling or approved accessory structure that complies with TMC 9-2-101, Accessory buildings or structures. Outside activity, storage, or display is prohibited.
(3) 
The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case.
(4) 
The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling.
(5) 
Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.
(6) 
Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited.
(7) 
Operation of the business shall not generate vehicular traffic that is not normally associated with residential or agricultural uses.
(i) 
Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).
(ii) 
No more than one (1) standard pickup or van, and one (1) utility trailer, as defined and in accordance with TMC 9-2-114, specifically designated to be used for the home occupation shall park at the subject residence at any time.
(iii) 
Must comply with TMC 4-7-1008 concerning the parking of commercial vehicles in residential districts.
(iv) 
In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited.
(v) 
At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space.
(8) 
Such occupation or profession shall be conducted by the residents of the premises.
(9) 
The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.
(10) 
Storage of goods that are not produced on the premises shall be limited to one hundred (100) cubic feet (approximately the size of a typical residential bedroom closet).
(11) 
The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.
(12) 
The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.
(13) 
The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes.
(14) 
Any other conditions that the Development Services Director, or designee, deems necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.
(b) 
Indemnification. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.
(c) 
Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, State, and Federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.
(d) 
Issuance. The Secretary of the Planning Commission shall analyze all the facts presented and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit within ten (10) days.
(1207-CS, Rep&ReEn, 05/28/2015)
A home occupation permit issued pursuant to the provisions of this article shall not include commercial photograph studios, beauty parlors, barber shops, or any similar service enterprises, that do not comply with the provisions of TMC 9-5-210 (Home occupation permits: Conditions: Issuance). Retail sales (except for goods produced on the premises), music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited.
If the use applied for does not meet the required conditions and standards, the Secretary of the Planning Commission shall deny the application.
(1207-CS, Rep&ReEn, 05/28/2015)
The home occupation permit granted under this article shall be subject to revocation by the Development Services Director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article.
(1207-CS, Rep&ReEn, 05/28/2015)