Chapter 17.95 — HOME OCCUPATION PERMITS

It is the purpose of this Chapter to: (a) Recognize that a residential property owner or resident has a limited right to conduct a non-obtrusive business from his/her residence, and that the average neighbor will generally prefer to have that business conducted in such a fashion that he/she is unaware of its existence; (b) Maintain the residential character of residential neighborhoods; (c) Prevent the use of home occupations from transforming a residential neighborhood into a commercial one; and (d) Encourage and promote efforts to reduce traffic congestion and generation of pollutants by allowing and recognizing changing work environments including telecommuting and work-at-home options. [Ord. No. 515, Exhibit L, 5/22/13.] 17.95.020 Permitted Home Occupation Uses (a) Home Occupations are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood. The following uses are permitted home occupations: (1) Architectural services; (2) Art restoration; (3) Art studio; (4) Catering service (one vehicle only); (5) Consulting services; (6) Contracting (administrative office only); (7) Computer programming; (8) Day Care/Babysitting (eight (8) or fewer children) (9) Data processing; (10) Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, Herbalife, etc.); (11) Drafting and graphic services; (12) Dressmaking, sewing, tailoring, contract sewing (one sewing machine, no assembly); (13) Engineering service; (14) Financial planning; (15) Flower arranging; (16) Home crafts (including ceramics with kiln up to six (6) cubic feet; silk screening. However, storage of flammable or hazardous materials is prohibited. Proposed materials are subject to the review and approval of the Adelanto Fire Department); (17) Home photographer; (18) House cleaning service; (19) Insurance sales or broker; (20) Interior design; (21) Jewelry making; jeweler (storage of flammable or hazardous materials is prohibited. Proposed materials are subject to the review and approval of the Adelanto Fire Department); (22) Laundry; ironing service; (23) Locksmith; (24) Mail order (not including retail sales from site); (25) Private investigator; (26) Sales representative (administrative office only); (27) Swimming pool cleaning (storage of flammable or hazardous materials is prohibited. Proposed materials are subject to the review and approval of the Adelanto Fire Department); (28) Telephone answering, switchboard, call forwarding; (29) Typing, word-processing service; (30) Writing. (b) Any business or home occupation not specifically described above or subsequently authorized by the Planning Director or Planning Commission shall be prohibited.

s materials is prohibited. Proposed materials are subject to the review and approval of the Adelanto Fire Department); (28) Telephone answering, switchboard, call forwarding; (29) Typing, word-processing service; (30) Writing. (b) Any business or home occupation not specifically described above or subsequently authorized by the Planning Director or Planning Commission shall be prohibited.

(c) If a resident believes that his/her proposed Home Occupation is similar to those described above and would not violate any performance standard established herein, the resident may apply for a determination by the Planning Director that the proposed Home Occupation is consistent with the provisions of this Chapter. If the Planning Director concurs with the applicant, the Planning Director shall approve the application and issue the permit. If the Planning Director does not believe the proposed Home Occupation is consistent with those home occupations described in this Chapter or that it violates one or more performance standards, the Planning Director shall deny the permit. The denial of the permit by the Planning Director shall be subject to appeal first to the Planning Commission and then to the City Council.

[Ord. No. 515, Exhibit L, 5/22/13.]

17.95.030 Permit Required

The establishment of a home occupation within a single-family or multi-family neighborhood shall be regulated by a one-time application and fee, as set forth by Resolution of the City Council for a Home Occupation Permit. [Ord. No. 515, Exhibit L, 5/22/13.]

• (a) An application for a Home Occupation Permit shall be submitted to the Planning Department on the appropriate application form.

(b) The Planning Director or his/her designee shall review the application to determine if the use and home occupations are authorized in the zone in which it is proposed, and if the proposed use and home occupations otherwise meet the requirements of this Zoning Code.

(c) If the application is for an authorized home occupation and use, and meets the requirements of this Zoning Code, the Planning Director or his/her designee shall issue the permit.

(d) If the use or home occupation are not authorized, or the application and/or proposed use does not meet the requirements of this Zoning Code, the Planning Director shall deny the permit. The decision of the Planning Director shall be subject to appeal first to the Planning Commission and then to the City Council.

(e) Unless suspended or revoked by the City, approval of the Home Occupation Permit is for the lifetime of the Home Occupation. Renewal of a Business License as required by the City shall be the only necessary action that the permit-holder will need to continue the Home Occupation. [Ord. No. 515, Exhibit L, 5/22/13.]

The following performance standards shall apply to all business uses of a single-family or multi-family residence and to all Home Occupations and shall be in effect at all times:

(a) All businesses and Home Occupations shall obtain and have renewed annually a Business License through the City of Adelanto.

(b) Home Occupation uses shall be incidental to the primary use of the structure as a residential use and shall not detract from the residential character of the neighborhood. No more than five hundred (500) square feet of the floor area of the dwelling unit may be used in connection with a Home Occupation or for storage purposes in connection with a Home Occupation.

(c) Only individuals permanently residing on the premises shall be employed in the Home Occupation.

(d) There shall be no exterior indication of the home occupation or variation from the residential character of the principal building.

(e) There shall be no exterior operations, storage, or display of materials to be used in conjunction with a Home Occupation.

(f) There shall be no signs, banners, or flags displayed which would be visible from outside the dwelling unit.

(g) There shall be no process, procedure, substance, or chemical used which is hazardous to public health, safety, morals, or welfare.

(h) Visitors, customers, or deliveries associated with the permitted home occupation use shall not shall not exceed a five (5) trips per day.

(i) No home occupation activity shall produce noxious matter, vibrations, glare, dust, electrical interference, or perceptible noise beyond the lot line.

(j) No advertisement shall be placed in any media containing the address of the property.

[Ord. No. 515, Exhibit L, 5/22/13.]

The Planning Director or his/her designee shall have the right at any time, upon reasonable request, to enter and inspect the premises. [Ord. No. 515, Exhibit L, 5/22/13.]

(a) Upon a showing of probable cause by City Code Enforcement Staff of a violation of this Chapter or the conditions of operations by a Home Occupation permitholder, the Planning Director/designee may issue an order suspending the Home Occupation Permit pending a hearing before the Planning Commission. The Director shall cause notice of the suspension order to be served on the permit-holder by regular first-class U.S. mail and by posting the same on the property where the Home Occupation is conducted.

(b) Whenever the Planning Director has issued a suspension order, or whenever the Planning Director suspects a violation, but the requisite showing has not been made, the Planning Director shall cause a noticed hearing to consider the revocation of a Home Occupation permit to be held by the Planning Commission within forty-five (45) days of the notice. Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.

(c) At the conclusion of the hearing, the Planning Commission may revoke the Home Occupation Permit, or order the termination of the suspension or revocation of the permit and order reinstatement thereof. The decision of the Planning Commission may be appealed to the City Council. [Ord. No. 515, Exhibit L, 5/22/13.]

(a) It shall be unlawful and an infraction for any person, firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any of the provisions of this Chapter. Such behavior shall subject the violator, upon conviction, to a fine of not more than one hundred dollars ($100) for each offense. Each day that a violation exists shall constitute a separate offense.

(b) In addition to subsection (a) above, any violation of the provisions of this Chapter or the conditions of operation of the permit are and shall be a public nuisance subject to abatement by the City through obtaining a court injunction from a court of competent jurisdiction. [Ord. No. 515, Exhibit L, 5/22/13.]