Sec. 1102. Home Occupations Including Firearms Dealerships:

• A . Home Occupations; Minor: Minor Home Occupations are those which do not generate any outside traffic (no on-site sales or services provided to customers) or change the character of the neighborhood within which it is located and shall comply with the following regulations:

  1. A minor home occupation shall be independently operated and limited in employment to the residents of the dwelling within which the minor home occupation is conducted, and shall be clearly incidental to the use of the structure as a

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dwelling.

2. No structures other than the house and garage associated with the house shall be used for the minor home occupation.

3. There shall be no open storage of equipment or supplies on the site.

4. Other than normal maintenance and repair, there shall be no external alteration of appearances of the dwelling in which a home occupation is conducted.

5. A home occupation shall generate no additional pedestrian, automobile, or truck traffic other than the normal residential use on the site in that district.

6. Not more than one truck of not more than one-ton capacity and not more than one trailer incidental to a home occupation shall be kept on the site. Both the truck and the trailer must individually fit within a standard 10 feet-by20 feet parking space.

7. Sales of products or provision of services shall be delivered offsite by the occupants of the residence, and no customers shall come to the site to take delivery of products or services at the site.

8. No signs shall be installed on the site advertising the products or services provided, other than one name plate, not to exceed two square feet in area.

9. No additional points of access to any street, road or highway shall be allowed other than the residence primary access or driveway.

10. A minor home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

11. A minor home occupation may not involve the performance of any repair services on the premises other than small appliances, small equipment, or other small objects which are normally capable of being carried by one person without the aid of mechanical equipment or devices.

• B . Home Occupations; Rural: Rural Home Occupations in the AL-10, AG-20, AG-40, AX and RR Zoning Districts shall comply with the following regulations:

  1. A home occupation shall be independently operated and limited in employment to the residents of the property.

  2. All structures used shall be non commercial in appearance and shall be harmonious with the agricultural and rural residential areas.

  3. There shall be no open storage of equipment or supplies, except when enclosed by a six-foot solid fence.

  4. A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

5. There shall be no sales of products or services not produced on the premises, except where the sale of such products is clearly secondary to the permitted use.

   6. The aggregate sign area related to the Home Occupation shall be limited to 50 square feet, with no individual sign exceeding 30 square feet in area.

   7. All additional points of access (to any street, road or highway) shall be determined by the Zoning Administrator with regard to the nature of the traffic circulation in the area.

6. The home occupation must also remain unobtrusive to adjacent and nearby agricultural uses and services.

C . Contained Home Occupations, Urban: Urban home occupations shall comply with the following regulations:

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1. A home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.

2. A home occupation may be conducted within a completely enclosed garage but shall not be conducted in any other accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling or garage.

3. There shall be no external alteration of appearances of the dwelling in which a home occupation is conducted for purposes relating to the home occupation.

4. The existence of a home occupation shall not be apparent beyond the boundaries of the site except for a name plate, not to exceed two square feet in area.

5. The business operation shall be consistent with the residential nature of the neighborhood and the use must also remain unobtrusive to adjacent and nearby uses and services.

6. A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

7. Not more than one truck of not more than one-ton capacity and not more than one trailer incidental to a home occupation shall be kept on the site. Both the truck and the trailer must individually fit within a standard 10 feet-by20 feet parking space.

8. A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

9. A home occupation may not involve the performance of any repair services on the premises other than small appliances, equipment, or other small objects which are normally capable of being carried by one person without the aid of mechanical equipment or devices.

• D . Accessory Structure Urban Home Occupations: Upon approval of the Planning Commission, and subject to the conditions that follow, an urban home occupation may be conducted in a single accessory structure located on the same parcel as the residence to which the home occupation is incidental.

  1. The accessory structure shall not exceed 625 feet in floor area and shall be located to the rear of the residence.

2. A home occupation shall be independently operated and limited in employment to the residents of the property, and no one other than a resident of the dwelling on the site shall be employed in the conduct of a home occupation.

   3. All structures used shall be non commercial in appearance and shall be harmonious with the residential nature of the immediately surrounding neighborhood.

   4. No open storage or use of equipment, supplies, or finished products shall be allowed. All equipment, supplies, and finished products shall be stored and used inside the accessory structure or dwelling on the site.

   5. The existence of a home occupation shall not be apparent beyond the boundaries of the site except for a name plate, not to exceed two square feet in area.

   6. A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

   7. Not more than one truck of not more than one-ton capacity and not more than one trailer incidental to a home occupation shall be kept on the site. Both the truck and the trailer must individually fit within a standard 10 feet-by-20 feet parking space.

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8. A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

9. A home occupation may not involve the performance of any repair services on the premises other than small appliances, equipment, or other small objects which are normally capable of being carried by one person without the aid of mechanical equipment or devices, including items such as household appliances and gardening equipment, but not including such items as boats, automobiles, trucks, farm equipment, etc.

10. There shall be no sales of products or services not produced on the premises, except where the sale of such products is clearly secondary to the permitted use.

11. All additional points of access (to any street, road or highway) shall be determined by the Planning Commission after consultation with the Director of the County Public Works Department, with regard to the nature of the traffic circulation in the area.

12. The hours an urban home occupation in an accessory structure may be open to the public are only between 8:00 a.m. and 5:00 p.m., including weekends and holidays. Additional work by the occupant may be conducted between 7:00 and 8:00 a.m. and between 5:00 and 10:00 p.m., including weekends and holidays, but the home occupation shall be closed to the public during that time.

13. The Planning Commission, when considering an application for an urban home occupation in an accessory structure, shall impose such other conditions upon the granting of the use permit which are necessary for the protection of the public health, safety and general welfare, the environment, and are necessary to achieve the objectives of the Development Code.

14. The Planning Commission may deny granting a use permit if the Commission finds the use is not consistent with the objectives of the zoning district or the Development Code.

15. The use shall be terminated and the Conditional Use Permit revoked if the Planning Commission finds, after following the procedures described in Section 1715 of this Development Code, the use is disturbing the neighbors, causes excessive vehicular traffic (more than one additional vehicular trip per hour between 8:00 a.m. and 5:00 p.m.), or the operator has not complied with all of the applicable requirements of this Development Code or the conditions of the permit issued by the Planning Commission.

E. Firearm Dealerships as a Home Occupation

1. Although the Community Development Agency does not require a business license for firearms dealerships, a Site Plan Review is required for a home occupation involving the sales of firearms. Applicants should be familiar with California Penal Code Part 6, Title 4, Division 6, Chapter 2, commencing with Section 26700 regarding firearms license and the responsibilities as a firearms dealer. Home occupation permits for home occupations involving firearms sales, service, and repair include additional requirements not mentioned in the Urban and Rural Home Occupation Sections above. Those additional requirements include the following, copies of which must be presented to the Community Development Agency:

   • a. The applicant must possess a valid California Seller’s Permit.

   • b. The applicant must possess a valid Federal Firearms License (FFL).

   • c. The applicant must possess a valid Certificate of Eligibility (COE).

2. In addition to the initial home occupation permit issued by the Community Development Agency, the applicant will be issued a Local Firearms Dealer License by the Community Development Agency pursuant to Section 26700 of the Penal Code. Local Firearms Dealer Licenses are valid for 12 months from date of issuance. Applicants must apply for and be issued annual renewals of the Local Firearms Dealer License in order for the home occupation permit to remain valid. A fee set by the Board of Supervisors shall be collected at the time of application in order cover the cost of processing the renewal.

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Sec. 1103. Open-Air Barbeque Facility: When an application is submitted for an open-air barbeque facility, the following findings shall be made by the Zoning Administrator before issuing a Site Plan Review:

• A. An open-air barbeque facility shall be sponsored by an on-site permanent retail business whose principal use is the retail sale of food, packaged or prepared.

• B. If the sponsoring business does not have an available restroom, authorization from a business within 200 feet must be provided in writing for employee(s) of open-air barbeque facility to use their restroom facilities.

• C. The open-air barbeque facility and the mobile food preparation unit shall not be located in any landscape areas or fire lanes and must not obstruct the safe view for traffic or vehicle ingress and egress in and out of the site. There must be a defined walkway available for pedestrians. The mobile food preparation unit shall be situated in such a way that individuals waiting to be served shall not block fire lanes or access to the primary business or impede vehicular traffic.

• D. The entire open-air barbeque facility including, without limitation, any related customer area and the location of the mobile food preparation unit shall be limited to a site area no greater than the equivalent of two regular sized adjacent parking spaces or a maximum of 360 square feet.

• E. A maximum of one table and four chairs or one picnic table may be placed in the open-air barbeque facility site area for use by customers. The placement of the table and chairs is to be shown on the site plan. Note: In addition to the number of parking spaces required for the sponsoring retail business, one additional parking space for the barbeque facility shall be required if on-site seating is provided.

• F. If the Zoning Administrator determines that the use negatively impacts parking for the sponsoring retail business, additional parking spaces may be required for the open-air barbeque facility over, and above, the number of spaces required by the sponsoring retail business.

• G. An adequate waste container shall be furnished for the use of customers. Such container shall be of easily cleanable construction, furnished with a tight-fitting cover, and shall be kept clean.

• H. An open-air barbeque facility shall be for a single specific location on a specific site only. The relocation of an open-air barbeque facility on or off the site will require a new Site Plan Review application and filing fee.

• I. A mobile food preparation unit shall be portable with attached wheels for convenient movement, relocation and storage.

• J. The mobile food preparation unit shall have a well maintained painted or factory finish. All equipment, furniture, sun screens, and other ancillary items used in conjunction with the mobile food preparation unit shall be well maintained and clean.

• K. Shade structures and sun screens are to be portable with fabric covers and shall not exceed 10 feet in height.

• L. The use of portable generators shall not be allowed, and there shall be no connections to any electrical or plumbing source.

• M. The open-air barbeque facility hours of operation shall not exceed the hours of operation of the sponsor.

• N. There shall be no sale of merchandise other than food items prepared on site by the open-air barbeque facility.

• O. If the “sponsoring” business moves from the site or closes, the open-air barbeque facility must become affiliated with another business at the site. A letter of authorization from the new “sponsor” and/or property owner must be submitted to the Community Development Agency.

• P. When the open-air barbeque facility is closed, the mobile food preparation unit may remain in place or it may be removed from the site each day and returned to its approved location the next business day. If the open-air barbeque facility remains closed for 7 consecutive days or more, the mobile food preparation unit and all associated items shall be removed or stored out of sight. If the open-air barbeque facility remains closed for 6 months or longer a new Site Plan Review shall be required before the use can resume.

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• Q. The applicant shall provide a copy of their Kings County Food Vending Permit (if such permit is required) at time of application and shall ensure that the food vending permit remains valid for the life of the use.

• R. Except as specifically set forth in this Article, an open-air barbeque facility use shall meet all of the standards, including yard requirements, for the zoning district in which it is located.

Sec. 1104. Outdoor or Off-Site Advertising Structures: Outdoor or Off-Site Advertising Structures shall be allowed only in the CT, CS, CH, CN, IL, and IH Zoning Districts. Except as provided in the CH zoning district in the immediate area of interchanges along Interstate-5 as noted in Subsection G below, Outdoor or Off-Site Advertising Structures shall be allowed only as follows:

• A. All outdoor or off-site advertising structures shall comply with the yard requirements of the districts in which they are located.

• B. No outdoor or off-site advertising structure permitted by this Section shall be placed within 30 feet of a street intersection (intersecting curb lines) unless placed on a pole at least 12 feet above the ground or unless placed at a maximum height of three feet above ground.

• C. The lighting of any outdoor or off-site advertising structures permitted in accordance with this Section shall be limited or arranged to reflect light away from adjacent properties, passing vehicles and pedestrians.

• D. No red, green or amber lights or illuminated signs may be placed in such position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide signs.

• E. The maximum aggregate copy area per site or per use shall be 450 square feet on each side of the Outdoor or Off-Site Advertising Structure.

• F. Outdoor or off-site advertising structures may have copy on both sides of the structure, provided that the copy area on each side does not exceed the maximum area specified above.

• G. Within the CH Zoning District, in the immediate area of interchanges along Interstate-5, the Planning Commission may approve through a Conditional Use Permit, illuminated signs advertising highway traveler services at that interchange which exceed the maximum copy area per site or per use allowed by this Section, Section 604.H. above and Article 14 of this Development Code. However, such advertising structures shall not be larger than is necessary to be clearly seen by travelers on Interstate 5. Outdoor or Off-Site Advertising Structures constructed in compliance with this Section shall be designed by a professional engineer and shall not pose safety hazards. Such structures may be located on the actual site of the business or service being advertised. Off-Site Advertising Structures shall also be permitted along Interstate 5 within the CH Zoning District, provided that such structures are clustered in not more than two sites per interchange.