This article establishes regulations governing Home Occupations. The purpose of the regulations contained in this article is to provide criteria and procedures for the consideration and approval of Home Occupations. The City finds it necessary to establish such requirements and criteria to regulate Home Occupations in the interest of the public health, safety and welfare.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A Home Occupation shall require a business license pursuant to Chapter 1 of Title 3 and a zoning compliance review pursuant to Article 3 of Chapter 7. In approving a zoning compliance review for a Home Occupation, the Director may designate reasonable conditions deemed necessary to comply with the regulations in Section 9-5.805.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Any use, except those listed in Section 9-5.804, may be a Home Occupation if the Director determines that it will comply with all of the regulations set forth in Section 9-5.805.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
None of the following uses or activities shall be a Home Occupation:
(a) 
Uses of Special Concern. Any use of special concern, as listed in Section 9-2.701, shall not be a Home Occupation.
(b) 
Commercial Hauling. A commercial hauling business shall not be a Home Occupation.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A Home Occupation shall comply with all of the following regulations:
(a) 
A Home Occupation shall not change the residential character of the dwelling unit or adversely affect other uses.
(b) 
A Home Occupation shall take place within the dwelling unit or garage, or accessory building that is incidental to the principal residential use.
(c) 
Outdoor storage associated with a Home Occupation is prohibited.
(d) 
A Home Occupation shall not exceed forty percent (40%) of the dwelling unit's square footage and shall not exceed a maximum of four hundred (400) square feet of indoor space.
(e) 
Plants and animals may be grown or kept in outdoor areas of the subject premises as part of the Home Occupation.
(f) 
Displays and signage advertising the Home Occupation are prohibited.
(g) 
A Home Occupation shall not have more than one (1) associated vehicle that shall not exceed twenty feet (20') in length. The associated vehicle shall not have more than four (4) square feet of signage related to the Home Occupation.
(h) 
Employees must be residents of the dwelling unit in which the Home Occupation is located, with the exception of one (1) nonresident, full-time equivalent employee.
(i) 
A Home Occupation shall not have more than five (5) clients on the premises at any given time, and shall not have more than ten (10) clients at the premises in any given business day.
(j) 
Nonresident employees and clients shall only be at the premises between 8:00 a.m. and 9:00 p.m.
(k) 
On-site sales shall be limited to those items physically produced or manufactured within the dwelling unit, garage, or accessory buildings that are part of the Home Occupation, except for plants and animals, which may be grown or kept in outdoor areas of the subject premises.
(l) 
A Home Occupation that involves hazardous materials or processes shall require Fire Department approval. A Home Occupation shall not create offensive or objectionable noise, vibration, odors, smoke, fumes, heat, dust, dirt, glare or electrical disturbance perceptible by the average person beyond the lot line or party walls of multi-unit buildings of the subject premises.
(m) 
A Home Occupation shall comply with all other applicable provisions of these planning regulations, including but not limited to the performance standards in Article 11 of this chapter; all other applicable provisions of the Emeryville Municipal Code; and all other applicable local, State, and Federal laws and regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)