Mountain View Municipal Code Div. 11 Home Occupations, Cottage Food Operations, and Microenterprise Home…

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Editor's note— Ord. No. 01.2024, § 22, adopted Jan. 23, 2024, amended div. 11 in its entirety to read as herein set out. Former div. 11, §§ 36.28.75—36.28.90, pertained to home occupations, and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013; Ord. No. 9.18, §§ 6, 8, adopted Oct. 23, 2018; Ord. No. 11.2023, § 2, adopted Sept. 26, 2023.)

Purpose. The following provisions allow for home occupations that are secondary to and compatible with surrounding residential uses.

Application. Business licenses are required for home occupations, which are permitted as accessory uses in all residential zoning districts. A statement of compliance with the following operating standards shall be signed prior to issuance of the business license.

(Ord. No. 01.2024, § 22, 1/23/24.)

All home occupations shall comply with all of the following operating standards, unless expressly exempt as stated in this Section:

a. The home occupation is clearly secondary to the full-time use of the structure as a residence;

b. The use does not require a modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties;

c. There is no window display, advertising sign or other identification of the home occupation on the premises;

d. No home occupation use may eliminate any required parking. Excluding microenterprise home kitchen operations, only one (1) vehicle with a capacity no greater than three-quarter (3/4) ton may be used by the occupant directly or indirectly in connection with a home occupation;

e. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive or hazardous materials unless specifically approved by the fire department, in compliance with Chapter 24 of the City Code;

f. Excluding microenterprise home kitchen operations, the home occupation shall not generate more than five (5) additional pedestrian or vehicular trips in excess of that customarily associated with the residential use in the zoning district in which it is located, and no more than two (2) deliveries per day.

g. Operators of a home occupation must have and maintain a valid business license with the city.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following home occupations shall be subject to specific operating standards in addition to the general operating standards set forth in Section 36.28.85.

a. Cottage food operations. A cottage food operation (CFO) shall comply with all of the following additional standards and regulations:

1. The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation;

2. Operations shall be limited to the area approved for a CFO under a valid permit from the County of Santa Clara Department of Environmental Health;

3. A microenterprise home kitchen operator cannot also obtain a license for a CFO; and

4. On-site dining is not permitted.

b. Microenterprise home kitchen operations. A microenterprise home kitchen operation (MEHKO) shall comply with all of the following additional standards and regulations:

1. Comply with the requirements of Health and Safety Code Section 113825;

2. A cottage food operator cannot also obtain a license for a MEHKO;

3. The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation. An operator may have an open-air barbecue or outdoor wood-burning oven, pursuant to requirements of Health and Safety Code Section 114143;

4. Operations shall be limited to the area approved for a MEHKO under a valid permit from the County of Santa Clara Department of Environmental Health; and

5. On-site dining is permitted in compliance with occupancy limits of Chapter 8 of the city code. If outdoor dining is proposed, operations must be confined within a fenced rear yard and be limited to the hours of 8:00 a.m. to 9:00 p.m.

c. All other home occupations. For all other home occupations, excluding cottage food operations and microenterprise home kitchen operations, the following additional regulations apply:

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

2. The use shall be confined completely to one (1) room within the dwelling or to the garage or other accessory structure.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following uses are found to be not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a. Adult entertainment establishments;

b. Dance or night clubs;

c. Medical services (not including chiropractors and counselors/psychotherapists);

d. Mini storage;

e. Storage of equipment, materials and other accessories for the construction and service trades;

f. Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

g. Welding and machining;

h. Cannabis businesses;

i. Sale, lease, delivery, transfer, commercial storage or commercial bailment of firearms or ammunition; and

j. Any other use determined by the zoning administrator not to be incidental to or compatible with residential activities.

(Ord. No. 01.2024, § 22, 1/23/24.)