McFarland Municipal Code Ch. 17.153 Home Occupation Permit

This section provides standards for the conduct of home occupations, as defined by Section 17.04.340 of the McFarland Municipal Code. In general, a home occupation is a residential accessory use that, under normal circumstances, the average neighbor is unaware of its existence. Thus, no sound or visibility of the occupation is seen or heard beyond the premises.

(Ord. No. 0004-2022, § 5, 2-10-22)

A home occupation permit may only be granted in the R-1 and R-2 zones.

However, the home occupation permit shall not be granted unless the community development director finds that the proposed home occupation complies with the definition and requirements of this Title 17.

(Ord. No. 0004-2022, § 5, 2-10-22)

Home occupations may include, but are not limited to, the following:

Table 1:

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 2, 8-13-25)

The following non-exclusive list displays example secondary uses that are not incidental to, nor compatible with residential activities, and are therefore prohibited from receiving a home occupation permit:

A. Antique shops;

B. Auto repair;

C. Barber and beauty shops;

D. Business which engages in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

E. Cabinet making;

F. Funeral chapel or funeral home;

G. Kennel;

H. Medical and dental offices, clinics, and laboratories;

I. Mini storages;

J. Repair, fix-it, appliance, or plumbing shops;

K. Home occupations in mobile home (M-P) zones;

L. Vehicle repair (body or mechanical). Upholstery and painting;

M. Welding and machining shops;

N. Any additional uses determined by the community development director that is not listed but is not incidental nor compatible with residential activities.

(Ord. No. 0004-2022, § 5, 2-10-22)

A. There shall be no displays or advertising signs on the premises.

B. There shall be no signs other than the address and name of the resident.

C. There shall be no advertising which identifies the home occupation by street name.

D. The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage.

E. Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

F. Subject to Municipal Code 17.153.070, no external alterations or construction features can be made to accommodate a home occupation, nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.

G. There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.

H. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

I. No home occupation use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference or other hazards or nuisances.

J. Employees engaged in the home occupation shall only be members of the resident family and shall be occupants of the dwelling. No outside employees.

K. The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.

L. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

M. No business license shall be issued until a home occupation permit is obtained, pursuant to the McFarland Municipal Code.

N. A home occupation permit is not transferable.

O. There shall be no more than one home occupation per APN.

P. If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

Q. There is a limit of three home occupation permits allowed per type of barber and cosmetology business per fiscal year will be issued.

R. Each barber, cosmetology, aesthetician, manicurist, or similar use home occupation is limited to one chair per APN.

S. Dependent on the use proposed, additional permits and licenses may be required.

1. Barber, cosmetology, aesthetician, manicurist, or similar use services will require licenses, permits, and inspections by the board of cosmetology and remain in good standing.

2. Food or drink products sold will require a Kern County cottage food permit issued by Kern County environmental health.

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 3, 8-13-25)

A. Application. An application for a home occupation permit shall be on forms furnished by the community development director, shall be filed with the community development department before commencing the business activity, and shall be signed by the applicant. The application shall include the following information:

1. The name, mailing address, and telephone number of the owner(s) of the business;

2. The street address of the property where the business will be conducted; and

3. A description of the type of business proposed.

B. Permit Issuance. The community development director shall issue a permit if he or she finds:

1. That the application is complete;

2. That such business will be operated consistent with the regulations of this chapter and not interfere with the peace and quiet or be contrary to the residential character of the neighborhood; and

3. The building and the proposed business will be maintained and conducted according to all laws of the city and state, including, but not limited to, health, structural soundness, fire safety, and zoning.

(Ord. No. 0004-2022, § 5, 2-10-22)

Resident seeking a home occupation addition to their home shall apply for a conditional use permit (CUP) and home occupation permit. Once the application, along with site plans and design have been submitted to the city, the application will go into the process of review. Application will then go to the planning commission and a public hearing will be conducted. The planning commission may then grant the permit along with any terms and conditions pertaining to occupation. No home occupation shall be established until an application for a home occupation permit has been submitted and approved as being consistent with the requirements of this section. No building license shall be applied for until after approval of the home occupation. Dependent on the use proposed, additional permits and licenses may be required. A probational one-year period is held to ensure that all terms and conditions are being met. After the probational period, the occupational permit shall be subject to annual review and will consist of an annual renewal.

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 4, 8-13-25)