Chapter 19.29 — HOME OCCUPATIONS

(A) The purpose of this chapter is to establish standards for home occupations in order to achieve compatibility with other permitted uses, and with the residential character of the neighborhood in which they are located.

(B) In recognition of the unique rural nature of neighborhoods in the rural residential district, including larger lot sizes and greater separation between dwellings, modifications to some of these standards may be allowed, as noted in this chapter.

(Ord. 2001-02 § 1, 2001.)

As used in this chapter, a "home occupation" is an accessory use of a dwelling for employment and/or business purposes that is incidental to and subordinate to the use of the dwelling unit as a residence, and that is so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. Large family child care homes are exempt from this definition.

(Ord. 2001-02 § 1, 2001; Ord. 2009-12 § 3, 2009.)

(A) A home occupation shall comply with the following minimum standards:

(1) No person other than those persons who are residents of the premises shall be engaged in such occupations.

(2) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

(4) A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or in an accessory building.

(5) There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.

(6) No pedestrian or vehicular traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(7) No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference upon any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. A home occupation shall not cause any adverse impacts such as offensive odors or excessive noise, lighting, or traffic that are incompatible with the residential area, or in violation with the provisions of any applicable laws or regulations.

(8) No vehicle over one ton carrying capacity may be used in conduct of a home occupation.

(9) Every home occupation shall fully comply with all city, county, state and federal codes, ordinances, rules and regulations.

(B) The above standards may be modified as follows for home occupations in the rural residential district:

(1) Up to twenty-five percent of the rear yard may be used for outside storage of operable vehicles, equipment and materials associated with the home occupation.

(2) Vehicles and other wheeled equipment shall be stored on an all-weather surface such as asphalt, cement, crushed rock or on grass surfaces in rear yards.

(3) All vehicles, equipment and materials stored in the rear yard shall not be visible off-site. Where necessary, an opaque screen or enclosure (such as a wall, fence or evergreen landscaping) shall be provided to achieve compliance with the standard.

(4) Storage of vehicles in excess of one ton may be considered subject to review and approval by the community development director.

(C) The director may impose additional standards and restrictions on home occupations reasonably related to the protection of the health, safety and general welfare of persons or property in the neighborhood of the home occupation or the city.

(Ord. 2001-02 § 1, 2001.)

(A) Applicability. No person shall commence or carry on any home occupation within the city without first having obtained a home occupation permit.

(B) Application.

(1) An application for a home occupation permit shall be filed in writing with the community development department by the person who intends commencing or carrying on a home occupation. Where the applicant is not the owner of the property on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent.

(2) The application shall be upon forms furnished by and in a manner prescribed by the community development director and shall be accompanied by any applicable filing fee established by resolution of the city council.

(C) Review and Approval.

(1) Within ten working days after the filing of an application for a home occupation permit, the community development director shall review the application and approve, conditionally-approve or deny the permit. The director may approve or conditionally-approve an application for a home occupation permit if he or she finds it consistent with the purpose and standards of this chapter.

(2) The director shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application.

(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal such an action by filing a written notice of appeal with the director within the ten days after the date of the mailing of such action. The director shall refer all appeals to the planning commission. The commission shall set the matter for hearing at the earliest available date. The applicant shall be given notice of the time and date set for such consideration.

(4) An appeal of a commission decision may be made by filing a notice of appeal with the city clerk. The notice shall comply with the requirements of Section 2.04.110 of the municipal code except that the notice of appeal shall be filed within

ten days after the decision of the commission and appeal shall be subject to the procedures set forth in Chapter 2.04 of the municipal code.

• (D) Suspension and Revocation.

(1) Any home occupation permit may be suspended or revoked when it is determined that the home occupation authorized by the permit has been or is being conducted:

(a) In violation of any city, county and/or state code, ordinance, rule or regulation;

• (b) In a disorderly manner;

• (c) To the detrimental of the general public; or

• (d) In a different form than which the permit was issued.

(2) Any home occupation permit that has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least ten days prior to the date set forth for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the permittee at the address appearing on the permit.

(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal an action by filing a written notice of appeal to the director within ten days after the date of mailing of the director's action on the suspension or revocation of the permit. Appeals shall be processed as set forth in subsection C of this section.

(E) Transferability. No home occupation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

(F) Existing County Home Occupation Permits. Those home occupations already operating under a home occupation permit previously issued by the county of Napa shall not be required to obtain a new home occupation permit from the city. Such a previously-issued home occupation permit shall remain in full force and effect until such time as it is suspended or revoked under the provisions of subsection D of this section or expires under provisions of this chapter.

(Ord. 2001-02 § 1, 2001.)

Every home occupation permittee shall obtain a business license. If the business license is not renewed annually, the home occupation permit shall automatically expire.

(Ord. 2001-02 § 1, 2001.)