Chapter 10.84

HOME OCCUPATION STANDARDS AND PERMIT

SECTION:

The intent of this Chapter is to establish a procedure for the conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within a residential dwelling, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in compliance with the regulations prescribed in this Chapter. (Ord. 2024-001, 9-10-2024)

The Community Development Director or their designee shall review the Home Occupation Permit application and approve, approve with conditions, or deny the permit based on the criteria for home occupations established in this Chapter. (Ord. 2024-001, 9-10-2024)

A complete application for a Home Occupation Permit that fully complies with this Chapter shall be filed, processed, and acted upon as specified in Chapter 10.82 (Zone Clearance). (Ord. 2024-001, 9-10-2024)

The following specific businesses are not permitted as home occupations:

• A. Adult-oriented business as defined in Title 3 Chapter 12;

• B. Ambulance services;

• C. Animal boarding and or pet grooming services that are not mobile;

• D. Automotive/vehicle repair that is not mobile;

• E. Automotive/vehicle sales where vehicles are parked at the residence;

• F. Barber, beauty, nail salons that are not mobile;

• G. Businesses that involve hazardous materials or chemicals outside typical home or hobby use, as deemed so by the Community Development Department and subject to appeal to the Planning Commission;

• H. Large scale carpentry and cabinet-making;

• I. Firearms manufacturing and or repairs of any kind;

• J. Furniture sales of any kind;

• K. Gymnastic facilities;

• L. Kennels;

• M. Massage parlor that is not mobile;

• N. No more than three Home Occupations are permitted on one parcel at any given time;

• O. Laboratories of any type;

• P. Marijuana grow and or distribution;

• Q. Mini-storage;

• R. Mortuaries;

• S. Instructional services for more than six (6) students at one time;

• T. Pharmacies;

• U. Large scale copy centers;

• V. Recording studios of any kind;

• W. Repair, fix-it, or plumbing services that are not mobile;

• X. Restaurants;

• Y. Retail sales that require people to pick up items at the home occupation location;

• Z. Tanning salon with tanning beds;

• AA. Tattoo, body piercing.

• BB. Towing service that is not mobile;

CC. Welding, metal working, and machine businesses that are not mobile;

DD. Yoga instruction or personal fitness training for more than six (6) people at one time;

EE. Any use identified in the commercial zone districts unless it conforms to the home occupation standards described herein; and/or

FF. Any other use(s) that the Director determines would be detrimental to the public health, safety, and general welfare or would be incompatible with nearby residential uses. (Ord. 2024-001, 9-10-2024)

The applicant of a Home Occupation Permit shall comply with the following standards:

A. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.

B. The existence of a home occupation shall not be apparent beyond the boundaries of the site.

C. The building shall maintain the appearance of a single-unit dwelling at all times. Window displays of products produced on the premises shall not be allowed.

D. There shall be no storage of equipment or supplies outside of any accessory structure(s), garage(s), or dwelling unit, provided that any required off street parking space is maintained.

E. The sale of goods shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept, or displayed for the purpose of sale on the premises.

F. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold, or exchanged.

G. A home occupation shall not involve the performance of any repair services on the premises.

H. A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses, as deemed so by the Community Development Department and subject to appeal to the Planning Commission.

I. No motor power other than electrically operated motors shall be used in connection with a home occupation.

J. A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.

K. Not more than three (3) vehicles used in connection with the home occupation shall be kept on the property.

L. The number of persons (including customers and employees) who must travel to the site of the home occupation shall not exceed eight (8) persons per day.

M. A business license shall be obtained for the home occupation and maintained at all times during its operation. (Ord. 2024-001, 9-10-2024)

The development and operational standards established in this Chapter shall serve as conditions which shall be met by the applicant. Additional requirements or conditions may be added as deemed necessary by the Community Development Director to maintain the integrity of the residential neighborhood in which the home occupation is proposed. (Ord. 2024-001, 9-10-2024)

In the event the applicant or member of the public is not satisfied with any condition(s) of approval, or the application for a Zone Clearance application for a Home Occupation Permit is denied, the decision may be appealed in compliance with this Title within ten (10) calendar days (excluding City-recognized holidays) following the decision date. (Ord. 2024-001, 9-102024)

A Home Occupation Permit shall be modified in the same manner as originally applied for by the applicant. (Ord. 2024-001, 9-10-2024)

A Home Occupation Permit which is issued under the provisions of this Chapter shall automatically terminate when the activity which is the subject of the home occupation is discontinued for a continuous period of twelve (12) months or upon the change in residence of the person or persons to whom the Home Occupation Permit is issued; provided this Section

shall not be interpreted as prohibiting the issuance by the City of a Home Occupation Permit with a specified time limit. (Ord. 2024-001, 9-10-2024)

A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), a Home Occupation permit shall be suspended and/or revoked in compliance with this Section.

B. Notice of such suspension and of the City's intent to revoke the approved Home Occupation Permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.

C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved Home Occupation Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days (excluding City-recognized holidays) after the public hearing. (Ord. 2024-001, 9-10-2024)