Imperial County Municipal Code Ch. 4 Home Occupations

The purpose of this chapter is to establish standards for home occupations. In general, a home occupation is a residential accessory use, so located and conducted or operated that the average neighbor under normal circumstances would not be aware of its existence. The standards for home occupations in this chapter are intended to insure compatibility where other permitted uses and most certainly with residential character of the neighborhood.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

Home occupations are single person (home occupant and not employee) uses that may include, but are not necessarily limited to, the following:

A. Artist, sculptor, photographic studio.

B. Architect, engineer, or other one-person professional service.

C. Author or composer.

D. Cottage food operation (Section 114365: California Health and Safety Code).

E. Dressmaker, seamstress or tailor.

F. Home crafts such as model making, rug weaving, or lapidary work.

G. Office of a minister, rabbi or a priest.

H. Office of a salesman, sales representative, or manufacturer's representative, provided no retail or wholesale transactions are made on the premises.

I. Office of an architect, artist, broker, consultant, engineer, instructor in the arts and crafts, insurance agent, land surveyor, musician, bookkeeper, accountant, typist, notary public, or private investigator, provided no on-site sales, limited consulting, visitation, by the public occur.

J. Telephone answering service, (not telemarketing services).

K. Saw sharpening service.

L. Key and locksmith service.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

Permitted home occupations do not and shall not be deemed to include any of the following or similar uses:

A. Antique shop (repair or sales).

B. Appliance repair.

C. Barber or beauty shop.

D. Cabinet making or woodworking.

E. Car repair or small engine repair.

F. Funeral chapel or funeral home.

G. Gift shop.

H. Medical or dental clinic, hospital.

I. Renting of trailers, autos, trucks or motorcycles.

J. Restaurant.

K. Stable or kennel.

L. Veterinary clinic or hospital.

M. No cannabis manufacturing shall be allowed as a Home Occupation including, but not limited to, Cottage Food Operation and In-home Retail Sales.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Home occupations shall comply with all of the following standards:

A. The home occupation shall be conducted solely by the occupant of the residence.

B. The home occupation shall be conducted entirely within the primary or approved secondary structure.

C. Not more than twenty percent (20%) of the gross floor area of any residence shall be used for such purpose.

D. A detached accessory building may be used for a home occupation activity if approved by the planning director.

E. No use shall require external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the structural integrity of the structure.

F. There shall be no outside storage of any kind relating to the home occupation.

G. The home occupation shall be a business that can and shall be conducted by appointment only.

H. The home occupation shall not require the services of commercial freight deliveries other than normal postal type services.

I. No home occupations shall create noise, dust, vibrations, smells, smoke, glare, electrical interference, fire hazard, or any other hazards or nuisance to any greater or frequent extent than that usually experienced by the average residential occupancy.

J. There shall be no sales of products or merchandise on the premises.

K. There shall be no sign permitted on the site indicating the service provided.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

No home occupation shall be recognized or established until an application for a home occupation permit has been submitted and approved by the planning director.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

An application for home occupation permit shall include the following:

A. Name and address of the applicant.

B. Name and address of the property owner(s).

C. Assessor's parcel number.

D. Description of the home occupation including:

1. Trade name of business.

2. Resale number, if any.

3. Detail description of the proposed occupation.

4. Tools, machinery, equipment required or to be used in the process of the home occupation.

5. Other information determined necessary by the planning director.

E. Fees for home occupation permit, please refer to land use process fee schedule (Section 90901.03, "Project Not Specified").

(Ord. No. 1565, §§ 1, 2, 12-15-20)

The home occupation permit application shall be reviewed and approved or denied by the planning director, under the following procedures:

A. Upon receipt of an application, the director shall within ten (10) days determine if the application is complete or incomplete.

B. Upon determining the application to be complete, and within five days thereafter, the planning and development services department shall send direct mail notice per Section 90404.07.

C. If at the end of the ten-day notice period, opposition is received, the director shall schedule a public administrative hearing and reach a determination.

D. If at the end of the ten-day notice period, no opposition (written or verbal) has been received, the director shall reach a determination without notice or hearing.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

No home occupation permit shall be issued until notice of pending permit has been issued to all property owners within five hundred (500) feet of subject property for a period of ten (10) calendar days.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

The director and/or the commission may impose reasonable standards or conditions upon an approved permit, including, but not limited to, the following:

A. Time limit.

B. Hours of operation.

C. Advertising restrictions.

D. Annual compliance review/report.

E. Surety, insurance and bonds.

F. On-site area restriction.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

With cause, any permit issued pursuant to this chapter may be revoked or modified by the planning director or the planning commission. "Cause" shall include, but not be limited, to a violation of the aforesaid minimum standards, and/or any conditions imposed.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

An appeal of director's decision under Section 90404.06(d) may be filed within ten (10) days of said decision. Said appeal must be in writing, stating the reasons for the appeal, and must include requisite fees. The director shall schedule the appeal for the planning commission for which notice can be adequately provided. No appeal from the planning commission's determination shall be allowed.

(Ord. No. 1565, §§ 1, 2, 12-15-20)