§ 30.40

The intent of the home occupation regulations is to allow for the orderly, safe, and nuisance-free development of a use or occupation within a dwelling unit, which is clearly incidental and subordinate to the use of the dwelling for residential purposes. It is the intent of these regulations to reduce the impact of a home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity.

Home occupations, as defined by this article, may be conducted in any residential, commercial or agricultural district, provided such occupations are in compliance with the regulations set forth in this article and all other standards and regulations pertaining to permitted uses within the zoning district in which the home occupation is located. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

Any professional or business activity, except those listed in section 30.40.40, is permitted in a dwelling unit as a home occupation only where such use meets all of the following criteria:

(a) Only the residents occupying the dwelling unit and one (1) employee may engage in a home occupation and not more than two (2) such occupants shall be engaged therein. If there is an employee, that employee shall park in the driveway of the home or on a paved, on-site parking space.

(b) With the exception of swimming lessons given in a residential pool, a home occupation shall be confined to, and carried on exclusively within, the main building of the dwelling unit, not within an accessory building. Swimming lessons may be permitted as a home occupation; provided, that the business owner adheres to all other provisions of this chapter.

(c) There shall be no change in the outside appearance of the building premises, visible evidence of the conduct of the home occupation, or construction feature or alteration not of a residential character.

(d) There shall be no show windows, window displays or advertising on signs, structures, or vehicles on or near the site designed to attract customers, clients or the general public to the premises.

(e) There shall be no conduct of a business or office open to the public.

(f) No materials shall be transported to or from the premises in a commercial vehicle.

(g) There shall be no generation of pedestrian or vehicular traffic beyond that normal to the district.

(h) No products shall be sold on the premises except artist’s originals or products individually made to order on the premises or cottage food operations (CFO) approved foods.

(i) No materials, supplies or equipment shall be stored out-of-doors or in any required garage space.

(j) There shall be no operational characteristic or effect, including color, lighting, noise, vibration, electrical disturbance, smoke or odor discernible at the exterior boundaries of the building site, which would identify the premises as serving a nonresidential purpose.

(k) A home occupation shall be limited to having only two (2) clients, patients, or pupils present on the premises at any time.

(l) Hazardous materials, chemicals, or hazardous wastes are restricted to those materials in concentration, packaging and type that are consumer products. Quantities are limited to the amounts allowed by the Uniform Fire Code. No discharge of chemicals, hazardous materials, or nondomestic wastewater shall be allowed into the sanitary sewer or storm drain from the home occupation. Inspections may be required to determine if an application is in conformance with these requirements. (Ord. No. 2013-08, § 2 (Exh. A), 8-513)

With the exception of uses listed in section 30.40.40, any use or occupation that does not meet the criteria set forth in section 30.40.20 may be permitted in a residential zone only in accordance with a conditional use permit which may be issued by the planning commission. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

The following uses shall not be construed as home occupations:

(a) Animal hospitals, or the harboring, training, raising, grooming, or treatment of animals or birds for commercial purposes.

(b) The repair or reconditioning on the residential site for commercial purposes of motor vehicles or equipment, boats, or recreation vehicles, or display for sale of any vehicle.

(c) Beauty parlors, barber shops.

(d) Medical, dental or chiropractic clinics or hospitals.

(e) The use, handling, or storage of hazardous materials or chemicals, except those materials in concentration, packaging, and type that are consumer products and kept in typical household amounts.

(f) Any generation of hazardous waste material.

(g) The discharge of nondomestic wastewaters into the sanitary sewer or storm drain at the residence. This includes commercial food preparation and dish cleaning. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

Any permitted use or conditional use shall continuously conform to all the criteria set forth in this chapter and in the conditions of the use permit. Any home occupation in a residential, commercial or agricultural district which fails to conform to any of these criteria or conditions shall immediately cease and all permits, including business license, shall immediately be null and void. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

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The Gilroy City Code is current through Ordinance 2026-01, passed January 5, 2026. Disclaimer: The City Clerk's Office has the official version of the Gilroy City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the di it d b