Chapter 17.115 — HOME OCCUPATIONS

It is the intent of this article to permit home occupations which are compatible with other permitted uses and with the residential character of the neighborhood. Home occupations must be clearly secondary or incidental to the residential use of the main building as a criteria for determining whether a proposed use qualifies as a home occupation. In general, a home occupation is a permitted use when it is located and conducted so that the average neighbor, under any circumstances, would not be disturbed by its existence. Permits shall be obtained from the department of community development.

Home Occupations are permitted uses in residential zones only so long as all of the following conditions are observed:

A. Persons conducting the business shall secure and maintain a Business License, and a home occupation permit from the city of Pismo Beach.

B. The home occupation permit shall be reviewed by the city planner six months after issuance, and annually thereafter, to insure compatibility with this chapter and any other appropriate city code. Any home occupation permits existing at the time of adoption of this Title shall secure a use permit within six months and shall be reviewed annually thereafter.

C. If the home occupation is to be conducted in rental property, the city shall be provided with evidence of the property owner's authorization for the proposed use.

D. The use shall be carried on entirely within the residence and not in any accessory structure, or the yard surrounding the dwelling. Storage of parts and/or materials in the carport or yard areas is prohibited. The use of the garage shall not prevent or limit the use of the garage for required on-site parking.

E. No more than one room or twenty-five percent of the gross floor area of the residence, whichever is less, shall be used for such purpose.

F. The use shall not cause an increased use of utilities or communication facilities beyond that normal to the use of the property for residential purposes.

G. The use shall not require internal or external alterations to the residence.

H. No mechanical equipment which is larger than that normally associated with a residence, shall be installed on the exterior of the structure.

I. The use shall not include the storage of hazardous materials, or change the fire rating of the structure or the neighborhood; nor shall it create noise, dust, vibration, smell, glare, smoke, radio and television interference, radioactive exposure or any similar condition to any greater extent than that usually experienced in an average residential occupancy of the zone in question under normal circumstances.

• J. No persons shall be employed on-site other than residents.

• K. There shall be no advertising signs, nor shall advertising identify the home occupation by street address.

• L. No products shall be displayed on or sold from the premises.

• M. The use shall not increase vehicular traffic flow by more than two vehicles at a time to the site.

• N. Not more than three clients or customers shall visit the site at any one time.

O. The home occupation shall not generate any noises outside the residence between the hours of nine p.m. and nine a.m.

• P. Clients or customers shall not visit the site between the hours of seven p.m. and nine a.m.

• Q. Not more than one commercial vehicle shall be permitted. This vehicle shall not exceed three-quarter ton rated capacity.

• R. Delivery of materials by commercial vehicles shall be limited to one trip per week (average).

The following uses are examples of permitted uses under the above conditions: Dressmaking, counseling on a oneto-one basis, wig-styling, individual stringed instrument instruction, individual tutoring on a one-to-one basis, and uses similar thereto with relation to the definition of "home occupation" and the purpose and conditions set forth in this Chapter. (Ord. 320, § 1 (part), 1983)

In the event that any letter of complaint is submitted to the Pismo Beach planning department concerning a home occupation and contains substantive evidence of violations as corroborated by city officials and deemed valid by the planning commission, the use will be deemed in violation of this Title and the permit may be suspended or revoked. (Ord. 320, § 1 (part), 1983)

The following uses by the nature of the operation are deemed to be incapable of meeting the above conditions and are thereby excluded from the definition of "home occupation":

• A. Auto repair (major and minor);

• B. Junkyards;

• C. Cleaning of major equipment;

• D. Food processing;

• E. Barber or beauty shop;

• F. Carpentry or cabinet making;

• G. Welding and machinery;

• H. Medical offices;

• I. Clinics;

• J. Child care of more than six children or instruction of more than three school-age children or adults at one time

• (not counting residents of the home);

• K. Appliance, radio or television repair;

• L. Print shop;

• M. Mail order gun sales;

• N. Medical marijuana dispensaries;

O. Any use which causes noxious fumes, loud noises or heavy traffic is not a permitted home occupation. Home occupation permits are also prohibited for any activities that would cause neighborhood disruption or otherwise be in conflict with a typical residential neighborhood use. (Ord. 2006-02 § 3, 2006)

17.115.060 Recordation of home occupation permits.

The city planner will maintain a log of all home occupation permits issues; to include signatures of applicants noting their understanding and intent to comply with the provisions of this chapter.

Notice of all pending home occupation permits shall be posted at the property for which the application is filed at least thirty days prior to the issuance of any home occupation permits.