Chapter 9.78 — HOME OCCUPATION PERMITS

Sections:

• 9.78.010 Purpose. 9.78.020 Permit required. 9.78.030 Application. 9.78.040 Prohibited home occupation uses. 9.78.050 Operating standards. 9.78.060 Life of permits and extensions of time. 9.78.070 No transferability. 9.78.080 Revocation.

The provisions of this chapter provide for the conduct of home occupations inside a residence that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the residence.

Home occupations shall not commence without first obtaining a home occupation permit approved by the Director, except as provided below:

• A. A home occupation permit shall not be required for an in-home educational activity, including, but not limited to, music lessons, academic tutoring, swimming lessons, or place of assembly, provided that no more than six students are present at any one time and the activity complies with all of the operating standards in Section 9.78.050. The in-home educational activity may exceed the six-student limit after first securing a conditional use permit.

• B. A home occupation shall be required for any and all business operations that take place within a dwelling unit, including online business operations. A business license will not be issued until a home occupation permit is granted.

Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 9.70.

• A. The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones and are prohibited as home occupations:

  1. Adult Oriented Buisnesses

  2. Barbershop, hair salon, nail care, massage therapy, or day spa.

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3. Fortune telling.

4. Kennel or animal boarding.

5. Laboratory, general or medical.

6. Retail sales

7. Mini-warehouse or self-storage facility.

8. Motor vehicle repair or service, minor or major.

9. Cabinetry or Carpentry or other specialty construction or trade service where construction activities take place at the site

10. Office: medical, dental, or optometry.

11. Funeral chapel or funeral home.

12. Pet grooming.

13. Repair shop, large appliance or equipment.

14. Tattooing or body art.

15. Any other use determined by the Director to be not incidental nor compatible with residential activities.

• B. A home occupation permit may be denied if the Director finds that the land use proposed for a home occupation is listed in this section or that the land use is not incidental nor compatible with residential activities.

• A. A home occupation shall comply with all of the following operating standards:

  1. A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way. No storage or display of materials, goods, supplies, or equipment (including trailers) related to the operation of a home occupation shall be visible from outside the premises.

  2. Only one home occupation is permitted per dwelling unit.

  3. A City of Avenal Business License is required to initated a home occupation.

  4. Any outside activites associated with the home occupation, such as deliveries, customer visitation, shall be limited between the hours of 7am and 7pm Monday through Sunday.

  5. There shall be no displays on the premises.

  6. There shall be no signs other than those allowed by Chapter 9.56.

  7. There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.

  8. The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.

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9. Only one vehicle no larger than a three-quarter-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

10. The home occupation shall not encroach into any required parking, setback, or open space areas.

11. Storage of equipment, materials, and other accessories to the construction and service trades is prohibited.

12. There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.

13. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

14. Utility consumption shall not exceed normal residential usage.

15. The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.

16. Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.

17. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located.

18. No home occupation shall commence until a current business license is obtained, pursuant to this title.

19. No more than one home occupation shall be located within a dwelling unit at one time.

20. If the home occupation is to be conducted on the rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

21. No space shall be rented out to others in association with a home occupation.

22. A home occupation that is a cottage food operation shall meet the requirements of Chapter 9.78.

• B. The Director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.

• C. A home occupation permit may be denied if the Director finds that there is a failure or inability to meet one or more of the operating standards of this section.

The initial life and subsequent extensions of time for home occupation permits are stated in Sections 9.70.240 and 9.70.250.

• A. Notwithstanding Section 9.70.210, if property ownership changes on a property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.

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• B. If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.

A home occupation permit may be revoked or modified in accordance with Section 9.70.230 if any one of the following findings is made:

• A. The home occupation has become detrimental to public health, safety, or traffic or constitutes a nuisance.

• B. The home occupation permit was obtained by misrepresentation or fraud.

• C. That the use for which the permit was granted has ceased or was suspended for 12 or more consecutive calendar months.

• D. The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title.

• E. One or more of the operating standards of the home occupation permit have not been met.

• F. The home occupation is in violation of any federal, State, or local statute, ordinance, law, or regulation.

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