§ 17.72

The provisions of this chapter allow for conducting home-based occupations, which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling.

(Zoning Ord. dated 1/31/06, § 9118.01.)

A.

The conduct of a home occupation requires the approval of the director who may establish conditions to further the intent of this chapter. An application for a home occupation permit shall be on a form prescribed by the director and shall be filed with the department pursuant to the chapter 17.48, applications and fees of this zoning ordinance.

B.

A home occupation permit shall not be required for an in-home education activity, including, but not limited to, music lessons, academic tutoring, or religious instruction, provided that no more than five students are present at any one time, and the use complies with all of the operating standards of the zoning ordinance.

(Zoning Ord. dated 1/31/06, § 9118.02.)

(Ord. No. 1463, § 5, 7-9-13)

17.72.030 - Operating standards.

Home occupations shall comply with all of the following operating standards and parameters:

A.

The home occupation shall not alter the appearance of the dwelling unit or its front or side yards.

B.

There shall be no displays, sale, or delivery of merchandise, or advertising signs on the premises;

C.

There shall be no signs other than the address and name of the residents;

D.

There shall be no advertising, which identifies the home occupation by street address;

E.

The home occupation shall be confined completely to 1 room located within the dwelling. It shall not occupy an area equivalent to more than 25% of the gross area of the dwelling.

F.

No portion of any garage or carport shall be used for home occupation purposes. Horticulture activities may be conducted outdoors but only within the rear ⅓ of the lot;

G.

Only one vehicle no larger than a ¾-ton truck may be used onsite or parked onsite by the occupant directly or indirectly in connection with a home occupation;

H.

There shall be no encroachment into any required parking, setback, or open space areas, by the home occupation. Likewise, the home occupation may not spill out onto the street or public right of way;

I.

Material or mechanical equipment which are not recognized as being part of a normal household or hobby use, may not be used or stored on the property, except for relatively small pieces of office equipment or tools;

J.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption, including but not limited to water, gas and electric, shall not exceed that of normal residential usage;

K.

Uses which create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards, or nuisance which can be detected by adjacent or nearby residents are not allowed as home occupations.

L.

Only the occupants of the dwelling may be engaged in the home occupation on the property;

M.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, exceeding what would be allowed for a typical residence;

N.

The home occupation shall not generate vehicular traffic in excess of the customarily associated with the land use district in which it is located;

O.

Home occupations shall be required to obtain a current business license and Home Occupation Permit, pursuant to the City of Banning Municipal Code, and such licenses and permits shall not be transferable to another location or to another owner;

P.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit; and 19. The Director may require any special condition to be made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this chapter.

(Zoning Ord. dated 1/31/06, § 9118.03.)

17.72.040 - Prohibited home occupations.

A.

Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

B.

Carpentry in excess of minor cabinet making;

C.

Medical and dental offices, clinics, and laboratories;

D.

Mini storage;

E.

Junk yards or salvage yards;

F.

Repair or fix-it shops; plumbing shops; welding and machine shops; and

G.

Storage of equipment, materials, and other accessories to the construction and service.

H.

Vehicle repair (body of mechanical) upholstery, and painting, storage; vehicle towing; and any and all types of auto or truck repair including but not limited to engine repair, exhaust system repair;

J.

Any use determined by the Director as not incidental or compatible with residential activities.

(Zoning Ord. dated 1/31/06, § 9118.04.)

A Home Occupation Permit may be revoked or modified by the Director if any one (1) of the following findings can be made:

A.

The use or combination of uses on the property, have become detrimental to the public health, safety, welfare or traffic, or constitute a nuisance;

B.

The permit was obtained by misinformation, misrepresentation or fraud;

C.

The use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months;

D.

The condition of the home, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this chapter.

E.

One (1) or more of the conditions of the Home Occupations Permit have not been met; or

F.

The use is in violation of any statute, ordinance, law, or regulations.

(Zoning Ord. dated 1/31/06, § 9118.05.)

Chapter 17.76 - INTERPRETATIONS