Blythe Municipal Code Ch. 17.30 Home-Based Businesses

The following criteria shall be used to determine a valid home-based business:

A. No employees other than member(s) of the resident family;

B. No use of material or equipment not recognized as being part of the normal practices in the zone of which the use is a part;

C. No significant increase in pedestrian or vehicular traffic generated beyond that normal to the zone in which it is located;

D. No use of commercial vehicles for delivery of materials to or from the premises that exceed the weight and/or vehicle dimension restrictions for residential zones;

E. No unenclosed outside storage of materials and/or supplies;

F. No signs other than those permitted in the zone of which it is a part, as provided for in Chapter 17.26;

G. Use of not more than one room in a dwelling or in an accessory structure for the home-based business;

H. No alteration of the appearance of the structure or the conduct of the occupation within the structure, such that the structure may be reasonably recognized as serving a nonresidential use, either by color, materials or construction, lighting, signs, sounds or voices, vibrations, etc.;

I. No use of utilities of community facilities beyond that normal to use of the property for residential purposes;

J. Conformance with the performance standards of Chapter 17.28.

(Ord. 790 § 1 (part), 2004)

Prior to commencing any home-based business meeting the criteria set forth in this chapter, a business license with home-based business approval from the planning department must be obtained. The business license, with home-based business approval, shall set forth the name, address and telephone number of the operator, the nature of the operation and by way of the applicant's signature, an acknowledgment of the criteria for a home-based business.

(Ord. 790 § 1 (part), 2004)

The following are examples of uses permitted, but not limited to, as home-based businesses:

A. Professional offices;

B. Offices for personal services, such as janitorial services, gardening services, office services, etc.;

C. Dressmaking, millinery and other home sewing work;

D. Handicrafts such as weaving, leather work and other arts and crafts;

E. Instructional classes, not exceeding two students at one time;

F. Mail order or direct sales, provided no merchandise is sold on the premises;

G. Single chair beauty/barber salon;

H. Repair of electronic equipment and small business machines;

I. Locksmithing;

J. Cottage food operation.

(Ord. 790 § 1 (part), 2004; Ord. No. 894, § 1, 10-9-18)

The following uses are prohibited as home-based businesses:

A. The repair, reconditioning, servicing or manufacturing of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles or boats;

B. Major appliance repair;

C. Uses which entail the harboring, training, raising, or grooming of dogs, cats or other animals;

D. Uses in violation of public health and/or environmental health statutes or requirements;

E. Sexually oriented businesses;

F. Spiritual advisory services.

(Ord. 790 § 1 (part), 2004)

A "cottage food operation," as that term is defined in California Health & Safety Code 113758(a), as may be amended from time to time, is permitted provided that:

A. Approval Required. An application for approval to engage in a home-based business shall be filed with the planning department pursuant to 17.30.020. In addition to the requirements for a home based business set forth in Section 17.30.020, the application for a cottage food operation shall also include the following:

1. A statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the use;

2. The address or legal description of the property on which the cottage food operation is proposed to be located;

3. A copy of the permit issued by or the application submitted or to be submitted to the County of Riverside Department of Environmental Health for the proposed use;

4. Identification of the name of each individual involved and/or employed in the proposed use and whether they are a family member or household member of the cottage food operator;

5. A statement of whether the proposed use will involve "direct sales" or "indirect sales" of cottage food products at the subject residence as those terms are defined in California Health and Safety Code 113758(b) as may be amended;

6. A description, explanation, and amount of projected impacts on traffic, including, but not limited to, the number of deliveries to be received or sent from the subject residence, frequency of loading of products for sale elsewhere, and anticipated consumer or third party retailer visits to the subject residence;

7. An accurate floor plan drawing(s) of the subject residence showing: (i) areas proposed to be registered and/or permitted by or areas shown on application submitted to the County of Riverside Department of Environmental Health for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; (iii) all vehicle parking spaces; (iv) all delivery and/or loading areas; and (v) the location(s) of streets, property lines, uses, structures, driveways, pedestrian walks;

8. Any additional information, plans, or drawings the planning department may require to determine whether the proposed use will comply with all of the applicable provisions of this section. The city manager, or his or her designee, may authorize omission of any or all of the plans and drawings required by this section if they are not necessary;

B. Action of Planning Department. After submittal of a complete application and fee as required by this section the planning department shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code § 51035, as may be amended from time to time. The planning department shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth herein. Notwithstanding the foregoing, the planning department, in their discretion may condition approval of the use upon the cottage food operations compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the planning department, in their sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. Within thirty days of receipt of a complete application for a cottage food operation permit, the planning department shall approve or deny the same. The planning department's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such determination, the planning department shall forward a copy of their decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the planning department shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the planning department to the city council.

C. Standards. Cottage food operations must meet the following requirements:

1. Spacing and Concentration. No cottage food operation shall be approved if the site of the proposed use is located within three hundred feet of the property line of another cottage food operation.

2. Traffic Control.

(a) Parking.

(1) On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation.

(2) The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

(b) Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of six a.m. and seven p.m.

(c) The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

(d) Sales at the Subject Residence. Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards:

(1) Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to seven p.m., Monday through Saturday.

(2) Visitors shall not be allowed to queue outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

(3) There shall be no outdoor sales at any time at the residence containing the cottage food operation.

3. Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to the Blythe Municipal Code.

4. Zoning Standards. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located, including, but not limited to, setbacks, signage, etc.

D. Approval Revocable. Approval to operate a cottage food operation obtained under this section is revocable at any time by the final approving authority if the business is found to be in non-compliance with any condition of approval or applicable local or state law or regulation governing cottage food operations.

E. Appeals. Any person aggrieved by the decision of the planning department under this subsection may appeal such decision to the city council by submission to the city clerk, within ten days of the issuance of the planning department's determination, a written request for such appeal. Upon receipt of a timely filed appeal, together with any applicable filing and processing fee, the city clerk shall set the matter for a hearing before the city council at its next most convenient meeting. In acting upon such appeals the city council shall conduct a hearing and shall act upon such application for as cottage food operation permit, in the same manner as is set forth in this code.

(Ord. No. 894, § 2, 10-9-18)