16.60 Home Occupation Permits

The purpose of this chapter is to provide a process for reviewing home occupation permit applications which are intended to allow for specified activities with are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable standards of this development code and appropriate operational conditions imposed by the director.

(Ord. 182 § 2 (part). 1997)

The director is authorized to approve home occupation permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for issuance of a home occupation permit, unless subject to an appeal. (Ord. 182 § 2 (part), 1997)

A. Home Based Enterprises. The home occupation permit is intended to allow for enterprises that are con-ducted within homes in residential zoning districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses.

B. Commercial and Industrial Businesses. Business uses which are routinely operated in commercial or industrial zoning districts shall not be allowed as home occupations.

C. Cottage Industries. For residential zoning districts and incidental and secondary to the use of the dwelling unit, cottage industries shall be allowed subject to the standards in this chapter.

(Ord. 544 § 23, 2019; Ord. 182 § 2 (part), 1997)

• A. Application Contents. Applications for home occupation permits shall include the following information:

1. Completed planning application form and required fee and attachments (see also Section 16.48.030);

2. Accurate and detailed description of the proposed use including the location for the storage of materials and equipment, and total square footage to be utilized for the home occupation; and

3. If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the property owner approving the use of the dwelling unit for home occupation purposes shall be submitted with the application.

B. Compliance with Conditions. Upon acceptance of a home occupation permit application, the director shall review the request for compliance with the conditions identified in Section 16.60.050 (Conditions for Home Occupations) below. The director shall render a written decision within fifteen (15) calendar days of the application being accepted as complete. The decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions in compliance with Chapter 16.78.

C. City Business License.

1. Business License Required. Immediately following the effective date of an approved home occupation

permit, when no appeal has been filed, the applicant shall obtain a city business license.

2. Nontransferable. City business licenses are issued to a specific address and are not automatically transferable

to a new location.

3. Expire Annually. City business licenses expire on a annual basis.

4. Annual Renewal. If the business license is not renewed within thirty (30) days after expiration, the home

occupation permit shall become void.

• (Ord. 544 §§ 24, 25, 2019; Ord. 182 § 2 (part), 1997)

Home occupations, including in-home offices, shall be allowed on property used for residential purposes, subject to the following conditions:

A. The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.

B. There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports as defined in 16.60.050.L.2.

C. The residents of the dwelling unit, and no more than one non-resident employee, may be engaged in the home occupation.

• D. There shall be no signs, banners or flags identifying or advertising the home occupation.

• E. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

F. The required residential off-street parking shall be maintained.

G. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).

H. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law;

I. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.

J. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, or vibrations beyond the subject property lines.

• K. Maximum number of customers and vendors.

1. Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.

2. Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.

• L. Notwithstanding the provisions above, the following uses are prohibited:

1. Automotive repair or other vehicle repair, body or mechanical;

2. Welding or Machining;

3. Medical Clinics or Labs;

4. Animal Hospitals, Kennels and grooming facilities[1] ; and

5. Uses that require explosives or highly combustible or toxic materials.

• M. The home occupation use shall not have utility services modifications, other than those required for normal residential use that would be classed as commercial or industrial in load or design.

• N. Cottage Foods Operation.

1. Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

2. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of Riverside Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods.

O. No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license.

• P. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.

• 1 Animal sitting or grooming facilities may be permitted when conducted entirely indoors; the total number of

• animals present at any given time shall not exceed that allowed in Section 16.44.040. Grooming services shall be limited to one customer on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour time period.

• (Ord. 544 §§ 26, 27, 2019; Ord. 182 § 2 (part), 1997)

A home occupation permit application may be approved only if all of the following findings of fact can be made in a positive manner:

• A. The requested home occupation is not prohibited in compliance with Section 16.60.050 (Prohibited Home Occupation Uses/Cottage Industries); and

• B. The requested home occupation permit would comply with all of the conditions specified in Section 16.60.050; and

C. The issuance of the home occupation permit would not be detrimental to the public convenience, health, safety, or general welfare.

(Ord. 544 § 28, 2019; Ord. 182 § 2 (part), 1997)

The director shall have the right at any time, upon request, to enter and inspect the premises subject to a home occupation permit.

(Ord. 544 § 30, 2019; Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a home occupation permit:

A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

B. Expiration/Extension. To ensure continued compliance with the provisions of this development code each approved home occupation permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section

16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the home occupation permit.

If the use granted by the home occupation permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit implementation, Time Limits, and Extensions) shall deem the permit void.

• C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of

• the approved home occupation permit have been satisfied.

• D. Changes. Minor changes to required conditions of an approved home occupation permit may be approved in

• compliance with Section 16.80.070 (Changes to an Approved Project).

• E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for

• the faithful performance of any/all conditions of approval imposed as part of the approved home occupation permit.

F. Suspension/Revocation.

1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions operations by a home occupation permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a home occupation permit to be held by the commission, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all adjoining residents and property owners.

2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the home occupation permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 544 § 31, 2019; Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)