Earlier editions: 2026-09
Title 17 — ZONING›Article IV — Special Area and Specific Use Requirements
Portola Municipal Code § 17.55.030 Limitation on use
Portola Municipal Code · 2026-10 edition · updated 2026-10-04 · Portola
Cite as: Portola Municipal Code § 17.55.030 · Text as of 2026-10-04
Footnotes:
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Editor's note— Ord. No. 331, adopted Aug. 12, 2009, amended Ch. 17.55 in its entirety to read as herein set out. Former Ch. 17.55, §§ 17.55.010—17.55.050, pertained to similar subject matter, and derived from Ord. 289 § 2 (Exh. A (part)), 2002.
17.55.010 - Purpose.¶
The purpose of these regulations is to permit and regulate nonresidential activities to be performed within a structure in residential zones as home occupations.
(Ord. No. 331, 8-12-2009)
17.55.020 - Home occupation defined.¶
A home occupation is an accessory, nonresidential business activity carried on within a dwelling by its inhabitants, incidental to the residential use of the dwelling, that does not change the character of the surrounding residential area by generating more traffic, noise or storage of material than would normally be expected in a residential zone.
(Ord. No. 331, 8-12-2009)
17.55.030 - Limitation on use.¶
Only one home occupation shall be permitted in a dwelling. The following uses or activities are prohibited as home occupations:
A. Fire arms and ammunition sales;
B. Kennel services;
C. Vehicle or vehicle body, repair or painting; or
D. Any use or activity that affects the character of the surrounding residential neighborhood by generating more noise, odors, junk or debris, or traffic than would be normally expected in a residential zone.
(Ord. No. 331, 8-12-2009)
17.55.040 - Permit requirements.¶
A. A home occupation shall not be conducted prior to approval of a home occupation permit. Prior to issuing a home occupation permit it may be necessary for the city to conduct an inspection of the premises to ensure compliance with this code. Renters shall provide written evidence of owner approval of a home occupation with their application for a home occupation permit.
B. The home occupation must comply with the performance standards in the tiered checklist. If a home occupation most closely conforms to the performance standards of Tier A or Tier B, then the city planner can review and approve the home occupation application. If a home occupation most closely conforms to the performance standards of Tier C, the director will forward the application to the planning commission for approval of a conditional use permit pursuant to Chapter 17.82.
(Ord. No. 331, 8-12-2009)
17.55.050 - Performance standards.¶
A home occupation application approval shall be subject to the following standards based on a tiered checklist:
| TIER A: No impact to residential neighborhood | TIER B: Minimal impact to residential neighborhood | TIER C: Potential impact to residential neighborhood | |
|---|---|---|---|
| Indoor and outdoor activity: | All home occupation activities shall occur within the dwelling or existing accessory structures. No home occupation activity shall occur outside at any time, nor shall any equipment or material relating to the home occupation be parked or stored outside the residence at any time, other than a permitted vehicle identified in this section. | All home occupation activities shall occur within the dwelling or existing accessory structures. No home occupation activity shall occur outside at any time, nor shall any equipment or material relating to the home occupation be parked or stored outside the residence at any time, other than a permitted vehicle identified in this section. | Outdoor activity is expected and may be permitted when authorized by a conditional use permit. |
| Contact with customers at residence: | Personal contact with customers at the residence is prohibited. | Personal contact with customers is expected to be one or fewer per day and is permitted by the city planner. | Personal contact with customers is expected to be more than one per day and is permitted when authorized through a conditional use permit. |
| Delivery of materials to the residence: | Delivery of materials to residence shall not exceed more than two deliveries per week. Deliveries shall not be by vehicles no larger than an auto, pickup, or typical delivery van. | Deliveries of materials to the residence are expected to be more than two deliveries per week. Deliveries shall be by vehicles no larger than an auto, pickup or typical delivery van. | Deliveries are expected to be by vehicles larger than an auto, pickup or typical delivery van, as permitted when authorized through a conditional use permit. |
| Employees: All employees shall be listed on the home occupation application. No other person shall operate or perform any function of the business at the residence. | The home occupation shall be operated by only the homeowner(s). | The home occupation shall be operated by no more than two individuals, as permitted by the city planner. | More than two employees are expected and are permitted when authorized through a conditional use permit. |
| Equipment and materials: | No equipment or material relating to a home occupation shall be stored outside the subject residence. | No equipment (other than a permitted vehicle) or material relating to a home occupation shall be parked or stored outside the subject residence. | Equipment is expected to be parked or stored outside the subject residence and is permitted when authorized through a conditional use permit. |
| Flammable or hazardous materials: | A home occupation involving the storage of flammable or hazardous materials shall not be allowed unless the fire department approves, in writing, the amount and method of such storage of materials. | A home occupation involving the storage of flammable or hazardous materials shall not be allowed unless the fire department approves, in writing, the amount and method of such storage of materials. | A home occupation involving the storage of flammable or hazardous materials shall not be allowed unless the fire department approves, in writing, the amount and method of such storage of materials. |
| Home occupation address and telephone number: | The address and telephone number of a home occupation may be the same as the residents and may be used as business identification and contact information. | The address and telephone number of a home occupation may be the same as the residents and may be used as business identification and contact information. | The address and telephone number of a home occupation may be the same as the residents and may be used as business identification and contact information. |
| Inspection: | Upon reasonable belief that the permitee is in violation of this chapter, the city may, during normal business hours, enter the premises for the purpose of inspecting the property for compliance with this chapter. | Upon reasonable belief that the permitee is in violation of this chapter, the city may, during normal business hours, enter the premises for the purpose of inspecting the property for compliance with this chapter. | Upon reasonable belief that the permitee is in violation of this chapter, the city may, during normal business hours, enter the premises for the purpose of inspecting the property for compliance with this chapter. |
| Maximum area: | The home occupation shall not require the use of more than fifteen percent of the total floor area of the dwelling (including garage and detached accessory buildings). The home occupation shall not result in any addition to, alteration of, or exterior remodeling of, the dwelling, garage or accessory structures. | The home occupation shall not require the use of more than fifteen percent of the total floor area of the dwelling (including garage and detached accessory buildings). The home occupation shall not result in any addition to, alteration of, or exterior remodeling of, the dwelling, garage or accessory structures. | The home occupation is expected to occupy more than fifteen percent of the total floor area of the dwelling (including garage and detached accessory buildings) and is permitted when authorized through a conditional use permit. The home occupation may never occupy more than forty percent of the total floor area of the dwelling (including garage and detached accessory buildings.) |
| Merchandise for sale: | The making of merchandise for sale is permitted providing that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup or standard sized van. Merchandise may not be sold from the home. | The making of merchandise for sale is permitted providing that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup or standard sized van. Merchandise may not be sold from the home. | The making of merchandise for sale is permitted providing that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup or standard sized van. Merchandise may be sold from the home when authorized through a conditional use permit. |
| Parking: | The home occupation shall not result in the elimination of required off-street parking spaces. | The home occupation shall not result in the elimination of required off-street parking spaces. | The home occupation is expected to result in the elimination of required off-street parking spaces and may be authorized with a conditional use permit. |
| Signage: | No signs advertising the home occupation shall be allowed. | No signs advertising the home occupation shall be allowed, except one vehicle used for the home occupation may display the business name. | No signs advertising the home occupation shall be allowed, except any approved vehicles used for the home occupation may display the business name. |
| Vehicles: | No vehicles specifically designated to be used for the home occupation are permitted. | One vehicle specifically designated to be used for the home occupation is permitted. Such allowed vehicle shall not be larger than a standard pickup or van. No commercial vehicles, including logging trucks or accessory race cars, equipment or trailers shall be parked at the residence at any time. | More than one vehicle and/ |
| Noise and odors: | The home occupation shall not create adverse levels of noise or odors above the ambient levels in the surrounding neighborhood. | The home occupation shall not create adverse levels of noise or odors above the ambient levels in the surrounding neighborhood. | The home occupation shall not create adverse levels of noise or odors above the ambient levels in the surrounding neighborhood. |
(Ord. No. 352, § 1, 11-28-2018; Ord. No. 331, 8-12-2009)
17.55.060 - Permit exemptions.¶
(a) Residential daycare operations for six or fewer children are exempt from the home occupancy permit requirements herein.
(b) Business that do not require a business license because the gross receipts (as defined in the Business License Ordinance) are less than two thousand dollars, are exempt from the home occupancy permit requirements herein.
(Ord. No. 331, 8-12-2009)
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