Mountain House Municipal Code Ch. 16 Home Occupation Permit

The intent of this Chapter is to provide for business uses in association with residences in cases where such uses will clearly not alter the character or appearance of the residential environment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any business use that satisfies the requirements of Section 9-8-1605 may be accepted as a home occupation, provided said business use is conducted within a legally established residence or within a building which is clearly accessory to a legally established residence.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Home Occupation Permits may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. The property proposed to support the home occupation shall contain a minimum of one (1) dwelling unit. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

For proposed home occupations which would not result in a change in the occupancy group of the structure, as defined by the Uniform Building Code, the review procedure for the Home Occupation Permit Application shall be the Staff Review Procedure in Chapter 3 of Division 2. For proposed home occupations which would result in a change in the occupancy group of the structure, or which would be required by State or Federal law to post business hours at the site of said home occupation and/or to be accessible to the public, the review procedure for the Home Occupation Permit Application shall be the Staff Review with Notice Procedure in Chapter 4 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

In order to reduce the impact of a home occupation business to the degree that its affect on the neighborhood is undetectable from normal and usual residential activity, Home Occupation Permits approved pursuant to this Chapter shall comply with the provisions of this Section:

(a) Permitted Home Occupations. Only home occupations subject to the Staff Review Procedure shall be permitted.

(b) Home Occupations Subject to the Staff Review Procedure. Home Occupation Permit Applications that would not result in a change in the occupancy group of the structure as defined by the Uniform Building Code shall be subject to all of the following:

(1) Appearance. The appearance of the structure shall not be altered, nor shall the occupation within the residence be conducted, in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or by the emission of sounds, noises, or vibrations.

(2) Employees. All employees shall be members of the resident family and shall reside on the premises.

(3) Sale of Merchandise. There shall be no sale of merchandise on the premises, nor shall there be any customers or clients permitted on the premises.

(4) Traffic. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

(5) Commercial Vehicle. The home occupation may involve the use of a commercial vehicle, not to exceed eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, or a single-vehicle limousine service. Any commercial vehicle used in a home occupation business shall be parked within a garage or carport of the residence.

(6) Size Limits. Up to four hundred (400) square feet and no more than one-third (⅓) of any residence, including a second unit dwelling, may be used for the home occupation.

(7) Storage. There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, except for those amounts which would normally be permitted by the Uniform Building Code or specifically approved as to type by the Director; nor shall merchandise be visible from outside the home.

(8) Location. The home occupation shall be confined within a building. When conducted in a garage, the home occupation shall not eliminate the use of the garage as a parking space for a car.

(9) Use of Facilities and Utilities. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

(10) Advertising. There shall be no public advertising which calls attention to the fact that the home is being used for business purposes. Telephone listings shall not contain the address of the home occupation business.

(11) Electromagnetic Interference. Electrical or mechanical equipment which creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuations in line voltage outside the dwelling unit is prohibited.

(12) Objectionable Impacts. Work that produces noise, vibration, glare, fumes, odors, dust or electrical interference outside of the residence or structure is prohibited.

(c) Home Occupations Subject to the Staff Review with Notice Procedure. Proposed home occupations which would result in a change in the occupancy group of the structure as defined by the Uniform Building Code, or which would be required by State or Federal law to post business hours at the site of said home occupation and/or to be accessible to the public, shall be subject to all of the requirements of Subsection (a), with the following modifications:

(1) Size Limits. The home occupation may be conducted in a building on the subject property that is accessory to the residence, provided said accessory building does not exceed four hundred (400) square feet of floor area.

(2) Business Visitors/Clients. Business visitors or clients shall be permitted on the subject property, provided the number of such visits does not exceed two (2) per day.

(3) Approval by Fire Marshall. The home occupation shall be subject to the approval of the Fire Marshall.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority may void any Home Occupation Permit for noncompliance with the development requirements set forth in approving the permit, and shall give notice of such action to the permittee, as provided in Chapter 7 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses are expressly prohibited as home occupations:

(a) Taxicab, limousine, ambulance services, tow truck services or other services involving the on-call dispatching of a vehicle parked at the residence by radio, telephone, or other means;

(b) Storage, repair, or reconditioning of cars, boats, recreational vehicles, and other motorized vehicles;

(c) Storage, repair or reconditioning of major household appliances or other such large mechanical equipment on-site;

(d) Any use that is included in Group H Occupancies;

(e) Such other uses as determined by the Director to be incompatible with residences, residential uses, or the residential character of the neighborhood.

(Ord. 2024-18, § 1(Exh. A), 2024)

A holder of a Home Occupation Permit who is in violation of the provisions under which it was originally issued may renew the Home Occupation Permit without penalty, provided the home occupation business is conducted in accordance with the provisions of this Chapter. The holder of such Home Occupation Permit shall have thirty (30) days from the date of receipt of written notification of required renewal by the City to renew said Home Occupation Permit.

(Ord. 2024-18, § 1(Exh. A), 2024)