Contra Costa County Municipal Code Ch. 82-40 Home Occupations

Footnotes:

--- (6) ---

Editor's note— Ord. No. 2013-12, § II, adopted April 16, 2013, amended Chapter 82-40 in its entirety to read as herein set out. Former Chapter 82-40, §§ 82-40.002—82-40.010, pertained to large scale retail businesses and derived from Ord. 2003-18, § 2.

The purpose of this chapter is to establish specific standards and procedures to allow home occupations to be conducted in residential neighborhoods without changing the residential character of those neighborhoods. This chapter is intended to provide a mechanism to distinguish between home occupations having a minimal impact and those having the potential for greater impacts on surrounding properties so that home occupations having a minimal impact may be allowed through a ministerial permit process.

(Ord. No. 2013-12, § II, 4-16-13)

For purposes of this chapter, "home occupation" means a business activity that is conducted at a residential dwelling by a person residing in the dwelling and is a secondary and incidental use of the dwelling as a residence.

(Ord. No. 2013-12, § II, 4-16-13)

A home occupation that meets the requirements of this chapter may be located at any legally established residential dwelling unit in any zoning district.

(Ord. No. 2013-12, § II, 4-16-13)

No home occupation may be conducted at a residential dwelling unless a home occupation permit or a land use permit has been issued.

(Ord. No. 2013-12, § II, 4-16-13)

A home occupation must comply with the following standards:

(a) Use. The home occupation must be incidental and subordinate to the use of the property as a residence.

(b) Parking. No portion of a home occupation may occupy a required off-street parking space or cause an off-street parking space to be displaced, except that one required off-street parking space may be occupied by a business-related vehicle.

(c) Traffic and deliveries. The home occupation may not generate vehicular traffic that exceeds the traffic normally associated with a single-family residential use. Deliveries to the home occupation may not exceed the frequency of deliveries and types of vehicles normally associated with residential neighborhoods. Deliveries to the home occupation may occur only between the hours of eight a.m. and eight p.m.

(d) Appearance. The residential appearance of the property at which the home occupation is conducted must be maintained, with no exterior indication of a home occupation. Exterior signs advertising the home occupation, window displays, outdoor displays, and other exterior indications of the home occupation may not be used.

(e) Storage. No equipment, parts, materials, supplies, merchandise, refuse or debris may be stored outdoors. Equipment, parts materials, supplies or merchandise may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris may be stored in any vehicle. No hazardous chemicals may be stored at the site of a home occupation, other than those normally associated with a residential use.

(f) Nuisances. No noise, odor, dust, fumes, vibration, smoke, electrical interference, or other interference with the residential use of adjacent properties may be created by the home occupation. The home occupation may not result in water, electricity, garbage, sewer, or storm drain usage that exceeds normal residential usage.

(Ord. No. 2013-12, § II, 4-16-13)

An application for a home occupation permit will be ministerially approved only if it complies with the following standards in addition to the standards specified in Section 82-40.010:

(a) Location. The home occupation must be conducted entirely within one of the following:

(1) A residential dwelling unit. No more than one room, or twenty percent of the floor area, whichever is greater, may be used for the home occupation.

(2) An accessory building to a residential dwelling unit, if the accessory building complies with the setback requirements that apply to the principal structure in the zoning district where the accessory building is located.

(b) Employees. Only the residents of the dwelling unit may be involved in the conduct of the home occupation, except as otherwise provided by state law.

(c) Clients or customers. No clients or customers are permitted at the site of the home occupation, except for students engaged in individual home instruction. If student visits occur, only one student may be present at one time, no more than six student visits may occur per day, and students may be present only between eight a.m. and six p.m.

(d) Vehicles. One business-related vehicle, with a rated capacity of up to one ton, is permitted at the site of a home occupation, except that the following types of vehicles are prohibited: limousines, dump trucks, tow trucks, construction vehicles (e.g., front-end loaders, backhoes), trailers (e.g., construction trailers, chipper trailers), construction equipment (e.g., cement mixers, chippers), vehicles with a rated capacity of one ton or more, and similar vehicles.

(Ord. No. 2013-12, § II, 4-16-13)

(a) A land use permit is required for a home occupation if any of the following occur:

(1) Any portion of the home occupation activity is conducted outdoors.

(2) The home occupation is conducted within an accessory building that complies with accessory structure setback requirements.

(3) One or more employees of the home occupation are not residents of the dwelling unit.

(3) The number of student visits exceeds the amounts specified in subsection (c) of section 82-4.012.

(4) Two or more business-related vehicles are used or kept at the site of the home occupation.

(b) No land use permit to allow a home occupation will be issued unless the following findings are made in addition to the findings required by Section 26-2.2008:

(1) The home occupation complies with the standards specified in Section 82-40.010.

(2) The home occupation complies with the standards specified in Section 82-40.012 except as otherwise modified by the land use permit. No land use permit that modifies more than one standard specified in Section 82-40.012 will be issued.

(Ord. No. 2013-12, § II, 4-16-13)

Garage sales held at a private residence are exempt from the permit requirements of this chapter, provided that sales occur no more than four times within a twelve-month period at the residence, for a maximum of two days each.

(Ord. No. 2013-12, § II, 4-16-13)

Application, review, and permit fees for home occupations will be in amounts established by the Board of Supervisors in the Department of Conservation and Development's fee schedule.

(Ord. No. 2013-12, § II, 4-16-13)