Merced Municipal Code Ch. 20.48 Home Occupations

This chapter establishes standards for home occupations to allow residents to conduct businesses in their homes in a manner that minimizes negative impacts on surrounding properties.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A. Minor Home Occupation. A minor home occupation is a business conducted in a home office involving the use of the telephone, computer, mail, and common delivery services only. A minor home occupation does not involve regular visits (more than twice a week) from employees, customers, clients, students, patients, or persons in similar relationships with the office's affairs.

B. Major Home Occupation. A major home occupation is a home-based business that does not meet the definition of a minor home occupation described above. A cottage food operation as defined by the California Homemade Food Act (AB 1616) shall be considered a major home occupation.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A. Minor Home Occupation. A minor home occupation that complies with this chapter is permitted by-right. No special permits or approvals from the Planning Division are required to establish or operate a minor home occupation, except a home occupation certificate and a city business license.

B. Major Home Occupation.

1. Minor Use Permit. A minor use permit shall be required to establish or operate a cottage food operation.

2. Site Plan Review Permit. A site plan review permit shall be required for other major home occupations. A public hearing shall be required in accordance with Section 20.68.050 (Site Plan Review Permits) and Chapter 20.70 (Public Notice and Hearings).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A. All Home Occupations. All home occupation shall comply with the following standards:

1. Size. Home occupations shall not occupy more than twenty-five (25) percent of the floor area of the dwelling unit or four hundred (400) square feet, whichever is less.

2. Sales and Displays. Products shall not be sold directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.

3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address (but not the location address), shall be allowed on such advertisements.

4. Signs. One (1) single, non-illuminated, wall-mounted outdoor sign of not more than one (1) square foot in area is permitted.

5. Vehicle Traffic. A home occupation shall not generate vehicle traffic greater than normally associated with a residential use. No more than two (2) vehicles associated with the business shall be parked in the immediate neighborhood.

6. Deliveries. Deliveries and pick-ups for home occupations shall not interfere with vehicle circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

7. Mechanical Equipment. No mechanical equipment shall be permitted that is not normally associated with a residential use.

8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

9. Hazardous Materials and Auto Repair Prohibited. The storage of flammable, combustible, or explosive materials is prohibited as is auto repair in either minor or major home occupations.

B. Minor Home Occupations. Minor home occupations shall comply with the following additional standards:

1. Employees. Employees of a minor home occupation shall be limited to the persons residing in the dwelling unit.

2. Clients. No clients or customers are permitted to visit a minor home occupation.

3. Outdoor Storage. Goods, equipment, materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from beyond the property line.

C. Major Home Occupations. Major home occupations shall comply with the following additional standards:

1. Employees. Major home occupations are allowed one (1) additional employee in addition to those residing in the dwelling unit as long as one (1) additional off-street parking space is provided for such employee.

2. Clients. Not more than six (6) clients per day may visit a major home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m. on weekdays only, unless otherwise approved by the site plan review committee.

3. Outdoor Storage. Goods, equipment, materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from beyond the property line.

4. Cottage Food Operations. An approved cottage food operation permit from the Merced County's Department of Health, along with the required self-certification checklist shall be submitted as part of a minor use permit application for a cottage food operation. Cottage food operations are exempt from the restrictions on customers coming to the home, the sale of goods from the home, and any of the standards in this chapter if in conflict with state law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The director of development services may suspend the approval of a home occupation if any of the following applies:

A. The home occupation has become:

1. Detrimental to public health, safety, welfare, or character of a neighborhood.

2. In violation of any city, county and/or state code, ordinance, rule or regulation.

3. A hazard or nuisance to pedestrian, vehicular circulation or parking, or the community in general.

4. A different form than which the permit was issued.

B. The home occupation does not commence within one (1) year of approval; or,

C. The home occupation ceases for a period greater than one (1) year.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)