5.03.353 Home Office Use – Zoning Clearance; Prohibited Activities.

(a) The Zoning Administrator shall issue a Zoning Clearance for a Home Office Use upon making a finding, based on substantial evidence, that:

(1) the building is a legal dwelling unit in a location zoned for residential use;

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(2) a resident of the dwelling unit will use the home office either as an office or a place of instruction;

(3) the Home Office Use will not include any use or activity that is prohibited by subsection (b) of this section;

(4) the Home Office will conform to the building requirements and space limitations set forth in subsection (c) of this section; and

(5) the Home Office Use will not include any use or activity that is not incidental to or incompatible with residential activities.

(b) The following uses or activities are prohibited in, on or about a dwelling unit for which a Zoning Clearance has been issued for a Home Office Use:

(1) Changes to Residential Character. A home office use that interferes with, frustrates, or obstructs the primary use of the property as a residence or which changes the color, material, construction or lighting of the premises to attract business is prohibited.

(2) Parking or storing commercial vehicles and attachments. A vehicle used primarily in connection with the Home Office use shall not be parked, stopped or stored on the subject property or on any public street in the “R” or “R-S” Zone in the Town. Equipment attached to a vehicle used primarily in connection with the Home Office Use shall not be parked, stopped or stored on the subject property or on any public street in the “R” or “R-S” Zone in the Town.

(3) Direct Sales Prohibition. Use of a home office or dwelling unit for the direct sales of goods, merchandise, or services is prohibited except by mail, telephone or other mode of electronic communication and where no merchandise is physically delivered to, sent from, or stored at the premises.

(4) Sales of Illegal or Regulated Items and Services. Use of a home office or dwelling unit for the illegal sale, either direct or indirect, is prohibited. Examples include but are not limited to: sale of firearms [as defined by Penal Code Section 12001(b), as may be amended from time to time]; sale of hazardous materials, fireworks or explosives; sale of alcoholic beverages made on the premises or elsewhere; sale of prescription medications or narcotics; sale of illegally imported items; and appointments for massage or escort services.

prohibited. Examples include but are not limited to: sale of firearms [as defined by Penal Code Section 12001(b), as may be amended from time to time]; sale of hazardous materials, fireworks or explosives; sale of alcoholic beverages made on the premises or elsewhere; sale of prescription medications or narcotics; sale of illegally imported items; and appointments for massage or escort services.

(5) Environmental Disturbances. Use of a home office or dwelling unit to emit, release, cause or create any of the following, or permitting the use of a home office or dwelling unit to emit, release, cause or create any of the following is prohibited: objectionable noise [in excess of 45 decibels, “A” weighted day-night level or dBA(LDN)], electrical or magnetic interference, vibration, release of particulate matter, odor, heat, humidity, glare, refuse, radiation, interference with the transmission of communications, interference with radio or television reception, or other objectionable emissions, effects or hazards, which increase these effects above the local ambient level or create a potential danger to the community.

(6) Equipment and Furniture.

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(i) Where the dwelling is used an office, only office equipment, such as facsimile machines, table-top copy machines, phones, personal computers, laptops, and electronic tablets, and office furniture are permitted;

(ii) Where the dwelling is used for music lessons, only musical instruments and office furniture are permitted;

(iii) Machinery and equipment not normally found in a residence are not permitted in a home office.

(7) Manufacturing and Fabrication Equipment. The manufacture or fabrication of goods is prohibited.

(8) Place of Instruction Limitations. Use of a home office as a place of instruction is limited as follows:

(i) There shall not be more than two students at a time and not more than six students per day at the dwelling unit;

(ii) All lessons shall be by appointment only, and recitals are not permitted; and

(iii) lessons shall be in a subject taught at an accredited grammar or high school or in playing a musical instrument, such as the piano or guitar.

(9) Nonresident Employees. Use of a home office or dwelling unit by an employee not residing on site to conduct business is prohibited, except that this prohibition does not apply to a domestic servant, such as a maid, gardener, or babysitter, who has been hired to assist in maintaining the household or caring for a resident.

(10) Signage. No person may install or permit a sign for a home office use that is not in conformance with the regulations for the district in which the business is located.

(11) No Business Guests. The Permittee shall not receive any clients, customers vendors, subcontractors or other persons intending to transact business at the Subject Property. Permittee shall not allow any employees or independent contractors working for Permittee in connection with the Home Office Use to work or congregate at or around the Subject Property.

(12) On-Site Client or Business Associate Meeting. Use of a home office or dwelling unit for an on-site client visit or meeting is prohibited. All meetings between or among clients, business associate or employees shall be conducted off-site from the dwelling unit.

(13) Hazardous Material Storage or Use. Hazardous chemicals or substances not normally found at a residence, such as cleaning supplies, laundry supplies or garden chemicals in quantities appropriate for single dwelling use, are prohibited.

(c) Building and Structural Requirements.

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(1) Enclosure. All activities related to the home office use must be conducted within the enclosed, livable area of the premises.

(2) Area. The maximum area that may be used for a home office shall not exceed 200 square feet.

(3) Structure. A dwelling unit may not have an entrance to a space devoted to a home office use that is not from within the building, or with internal or external alterations or construction features not customary in dwellings.

(4) Garage. The use of the garage or carport of a dwelling unit to store merchandise or equipment or to conduct any business activity is prohibited.

[History: New, ORD. 706, 3/14/12; ORD. 713, 10/10/12]