Rialto Municipal Code Ch. 5.68 Home Occupations

Footnotes:

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Prior ordinance history: Ords. 983, 1009, 1234 and 1240.

It is the intent of this chapter to provide a framework for establishing certain incidental and accessory uses of a commercial or professional nature in conjunction with the use of a residential dwelling unit by the occupant thereof. It is the express intent of the city council in enacting the ordinance codified in this chapter to prescribe regulations which allow the establishment of home occupations subject to enumerated conditions, insure that such home occupation uses are compatible with the primary use of the dwelling unit as a residence, preserve the residential character of the city's neighborhoods, and protect the health, safety and general welfare of the public while still encouraging the development of home-based businesses.

(Ord. 1300 § 1 (part), 1999)

"Home occupation," as used in this chapter, shall mean the accessory use, business or commercial in nature, of a residential dwelling unit by the person or persons residing therein. Such use must be clearly incidental and secondary to the principal use of the structure for dwelling purposes and must not alter the residential character of the dwelling unit or the character of the surrounding neighborhood.

(Ord. 1300 § 1 (part), 1999)

Home occupations, as defined in this title, may be permitted in all residential zone districts subject to the regulations and restrictions contained in this chapter and Title 18 of this code.

(Ord. 1300 § 1 (part), 1999)

A. No person shall operate or engage in a home occupation without first obtaining a home occupation permit in accordance with the provisions of this chapter, and no business license shall be issued to the operator of a home occupation until a valid home occupation permit is issued pursuant to the provisions of this chapter. Notwithstanding the foregoing, in the event a business license is ever issued for a home occupation for which no home occupation permit has been issued, such fact shall in no way affect the application and requirements of this chapter.

B. A separate home occupation permit is required for each home occupation being conducted at a dwelling. Multiple home occupation permits may be issued for a particular dwelling, pursuant to the provisions of this chapter, if the planning commission finds that all home occupations conducted within the dwelling will comply, in the aggregate, with the provisions of this chapter.

C. Notwithstanding the foregoing, no home occupation permit shall be required pursuant to this chapter if the person engaged in the performance of work as an employee for an entity whose principal place of business is located elsewhere and the use of the dwelling unit generates no pedestrian or vehicular traffic beyond that customarily associated with the use of unit for residential dwelling purposes.

D. Notwithstanding the foregoing, this chapter shall not apply to any child care institution, day care center, part day child care facility, group home, day care home, group day care home, or day care center that is duly licensed by the appropriate federal, state, or local agency.

(Ord. 1300 § 1 (part), 1999)

The following types of home office occupations shall be permitted as an accessory use in a dwelling unit subject to the provisions of this chapter and the specific criteria set forth in Section 5.68.110:

A. Telemarketing;

B. Business and professional offices, excluding medical, dental and similar office uses which generate regular patient visits to the site, provided that such uses comply with the restrictions on customer or client visits to the site as set forth in Section 5.68.110;

C. Instruction in academia, music, voice, art, dance or similar activities, provided no more than two students receive instruction on-site at any given time;

D. Artists, sculptors, authors or composers, and all activities associated therewith;

E. Dressmakers, seamstresses, or tailors, and all activities associated with therewith;

F. Home crafts, including without limitation model making, rug weaving, quilting, needle work, lapidary work and wood working, provided that such crafts are limited to the use of tools and equipment commonly available for personal residential use;

G. Catering and food preparation businesses, subject to the approval of the San Bernardino County Health Department;

H. Small electronics repair businesses, limited to items with a maximum weight of forty pounds per item, such as personal computers and VCRs;

I. Home-based direct sales distribution businesses, provided sales, merchandise distribution and product demonstrations are primarily conducted off-site or by telephone, mail or other electronic mode of communication.

(Ord. 1300 § 1 (part), 1999)

Other uses not specifically listed in Section 5.68.050, above, may be permitted as home occupations if the planning commission determines that (1) such uses are similar in nature to the uses detailed in Section 5.68.050; (2) such uses are incidental to and compatible with the primary use of the premises as a residence; and (3) such uses will fully comply with all the criteria set forth in Section 5.68.110.

(Ord. 1300 § 1 (part), 1999)

The following uses shall not be permitted as home occupations except to allow the business operator to provide a mailing address and telephone answering service for a business located elsewhere:

A. Animal hospitals or grooming facilities;

B. Kennels, stables or bird keeping facilities;

C. Automotive and other motorized vehicle repair (body or mechanical), upholstery, painting or storage;

D. Barber or beauty shop;

E. Carpentry or cabinet making;

F. Contractor storage yards;

G. Dancing schools or exercise studios, except as expressly provided in Section 5.68.050(C) of this chapter;

H. Firearms dealerships;

I. Mini storage facilities;

J. Junk yards;

K. Massage parlors subject to the licensing provisions of Chapter 5.24 of this code;

L. Adult businesses subject to provisions of Chapter 18.105 of this code;

M. Medical offices, clinics and laboratories;

N. Welding or machine operation;

O. Room and board facilities, except as expressly provided in Chapters 18.10, 18.12, 18.14 and 18.16 of this code;

P. Any other uses which the planning commission determines to be similar in nature to those listed above, or which by operation or nature are not incidental to or compatible with residential uses.

(Ord. 1376 § 1 (part), 2005; Ord. 1300 § 1 (part), 1999)

Application for a home occupation permit shall be filed on the form prescribed by the director of development services and provided by the city. The application shall be filed with the planning division and shall be accompanied by the appropriate filing fee in accordance with Section 5.68.100 of this chapter. Acceptance of a complete application does not constitute approval of the proposed home occupation.

(Ord. 1300 § 1 (part), 1999)

A. Ministerial Approval. The director of development services shall have the authority to issue a home occupation permit for any use specifically listed in Section 5.68.050 provided he or she finds that the proposed home occupation use will comply with all of the requirements set forth in Section 5.68.110. Within fifteen days of receipt of a complete application, the director of development services shall review the application and determine whether to issue a home occupation permit or reject the application. After completing this review, the director of development services shall issue a written notice of decision. If the director determines that the proposed home occupation will comply with the provisions of Section 5.68.110, the notice of decision shall contain the findings of fact upon which the decision is based and shall expressly make compliance with the provisions of Section 5.68.110 mandatory. Prior to obtaining a business license, the applicant shall submit a signed copy of the notice of approval to the licensing officer indicating his or her consent to the requirements set forth in this chapter, and shall further execute a declaration agreeing to comply with all provisions of this chapter in accordance with Section 5.68.140. If, conversely, the director determines that the proposed home occupation will not comply with the aforesaid guidelines, the notice of decision shall notify the applicant of the rejection of his or her home occupation application. The notice of rejection shall be served on the applicant by registered mail at the address shown on the application. The decision of the director of development services is final unless appealed in accordance with the provisions of Section 5.68.160.

B. Discretionary Approval. Home occupation permits for any use not specifically listed in Section 5.68.050 or for which the applicant is requesting a waiver of any of the requirements of Section 5.68.110 must be issued by the planning commission after conducting a hearing in accordance with the following provisions:

1. At least ten days prior to the hearing before the planning commission, staff shall post a notice of request for a home occupation permit on the subject property. The notice shall clearly state the nature of the proposed home occupation and shall set forth the time and place for the hearing;

2. Notice of the hearing on the application for a home occupation permit shall be mailed to all property owners located within a radius of one hundred feet of the subject property. The notice shall clearly state the nature of the proposed home occupation and shall set forth the time and place for the hearing;

3. At least ten days prior to the hearing before the planning commission, staff shall mail written notice of the hearing to the applicant at the address shown on the application;

4. At the hearing, the planning commission shall take comments from staff, the applicant, and all other parties wishing to address the planning commission regarding the application. After conducting the hearing, and reviewing all of the evidence and testimony presented, the planning commission shall render its decision regarding the application;

5. The planning commission may attach such conditions as it deems necessary to the issuance of a home occupation permit to make it consistent with the intent of this chapter;

6. Within ten days of the hearing, the planning commission shall issue a written notice of decision setting forth the grounds for approval or denial and, if approved, clearly stating the conditions of approval. The decision of the planning commission is final unless appealed in accordance with the provisions of Section 5.68.160.

(Ord. 1300 § 1 (part), 1999)

A one-time fee shall be paid by the applicant as part of the application for any home occupation permit pursuant to the provisions of this chapter. Such filing fee shall be in lieu of and shall replace the administrative fee currently charged as part of the business license application for home occupations. An additional fee shall be paid for discretionary applications as defined in Section 5.68.090(B) of this chapter. The amount of such fees shall be as established, from time to time, by resolution of the city council. No application for a home occupation permit shall be considered filed until the established filing fee has been paid to the city.

(Ord. 1300 § 1 (part), 1999)

A. Criteria. The planning commission or the director of development services may approve the home occupation permit application only when all of the following findings can be made by the decisionmaker and satisfied by the applicant:

1. An application for a home occupation permit must be filed by the owner of the premises for which the permit is sought or shall be accompanied by the notarized consent of the owner;

2. The home occupation must comply with all applicable provisions of Title 18 of this code;

3. The use of the dwelling to conduct a home occupation shall be clearly incidental and subordinate to the primary use of the dwelling as a residence;

4. The premises used for the home occupation must be the principal residence of at least one person actively engaged in the home occupation;

5. The home occupation shall be conducted entirely within the principal structure or dwelling unit. Said home occupation may be located anywhere within the dwelling unit but shall not occupy more than twenty-five percent of the total habitable square footage of the dwelling unit;

6. Storage of equipment or materials used in connection with the home occupation shall be permitted in addition to the business area limits specified above, provided such storage does not further reduce the habitable space at the premises;

7. Any storage of equipment, materials or supplies in connection with the home occupation must be in an enclosed structure. No outdoor storage of equipment, materials, or supplies will be permitted;

8. There shall be no storage or use of hazardous or flammable materials or equipment at the premises;

9. The garage and any other accessory structures located on the premises may be utilized for storage of equipment, materials or supplies used in connection with the home occupation provided such storage does not use any space in the garage required for off-street parking;

10. Any structural alterations made to the premises in connection with the home occupation must fully comply with all applicable codes, including without limitation, the Uniform Building Code and all applicable zoning restrictions. No interior or exterior alterations to the dwelling, either permanent or temporary in nature, or equipment may be installed in connection with the home occupation that would alter the residential character of the dwelling;

11. No display or advertising shall be allowed on the premises in connection with the home occupation except a nameplate, not exceeding one square foot in area, identifying the name of the proprietor or the name of the business and his or her profession or calling. Any signage permitted pursuant to this provision shall be attached to a permanent structure, shall not be located within the front-yard setback of the premises, and shall be non-illuminated;

12. No advertising identifying the home occupation by street address shall be permitted with the exception of advertising in a telephone directory and business cards;

13. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation;

14. On-site parking shall be provided for any vehicle used in connection with the home occupation. Such parking shall be in addition to any parking required for the residents of the dwelling;

15. No home occupation shall involve activities or the use of equipment or materials which increase the risk or the hazard of fire or change the fire safety or occupancy classifications of the premises;

16. No toxic, explosive, flammable, combustible, corrosive, radioactive or other hazardous or restricted materials may be used or stored at the premises, nor shall the home occupation use any process which is hazardous or potentially hazardous to the public health, safety or welfare;

17. No home occupation shall be allowed to conduct nuisance producing activities. For the purposes hereof any activity which produces or emits any noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, electrical interference, or any other discernible effect that unreasonably interferes with any person's enjoyment of his or her residence shall be conclusively deemed a nuisance and subject to abatement;

18. The home occupation shall utilize no equipment that creates visible or audible interference in radio or television reception, or that causes fluctuations in line voltage outside the dwelling unit, or that creates noise not normally associated with residential uses. The lack of adequate shielding of neighboring receivers shall not be a defense to any such interference claims;

19. No more than one employee or independent contractor shall be on-site at any given time, unless they are residents of the premises;

20. The home occupation shall not generate any significant increase in pedestrian or vehicular traffic beyond that normally generated in the residential district in which the premises are located. For the purposes hereof, more than eight patrons in any twenty-four-hour period shall be conclusively deemed a significant increase in traffic;

21. Bulk deliveries related to a home occupation shall be limited to one per week and shall occur only between the hours of eight a.m. and five p.m. Monday through Friday. This provision shall not apply to United States mail service, express mail, United Parcel Service, Federal Express, or other similar messenger or courier services;

22. The home occupation shall not result in excess use of utilities and public facilities beyond that which is normally provided for the residential use of the premises;

23. No person shall be issued a business license or permit under this chapter to sell, lease or transfer firearms as such are defined in Penal Code Section 12001. Any current and validly issued home occupation license or permit issued pursuant to this chapter for the sale, lease or transfer of firearms shall remain effective until December 31, 1996. Upon expiration of the license period of any validly issued home occupation business license or permit that permits the sale, lease or transfer of firearm, no further license or permit, or renewal thereof, permitting the sale, lease or transfer of firearms shall be issued under the provisions of this chapter.

24. If more than one home occupation permit is issued for the premises, the home occupations must cumulatively comply with all standards and criteria set forth in this chapter and the applicable zoning code.

B. Waiver of Requirements. The planning commission may waive any of the requirements set forth in subsection (A) above upon a determination that the application involves an unusual situation or hardship and that the public health, safety and general welfare will not be adversely affected by such a waiver. A request to waive one or more requirements shall be processed, noticed and heard in the manner set forth in Section 5.68.090.

(Ord. 1300 § 1 (part), 1999)

A. Nothing in this chapter shall affect the applicability of any federal, state or local law to the operation of any home occupation, including without limitation, the applicability of laws pertaining to the production, manufacture or assembly of products, or the applicability of the Fair Labor Standards Act, the Occupational Health and Safety Act, or any child labor, workers compensation, unemployment compensation, wage and hour, or any other applicable law.

B. Nothing in this chapter shall prevent a condominium association's board of directors, a cooperative association's board of directors, or a landlord from adopting a rule, declaration, or by-law prohibiting home occupations on the premises under their respective jurisdictions. If a condominium association, a common interest community, a housing cooperative or a landlord adopts such a rule prohibiting home occupations, that rule shall supersede the effect of this chapter with respect to the premises covered by such rule. Furthermore, nothing in this chapter shall preclude, invalidate or override any existing covenant, bylaw, rule or regulation of a condominium association, common interest community, housing cooperative or landlord which prohibits, restricts or regulates, in a stricter manner than this chapter, home occupations.

C. Nothing in this chapter shall relieve the holder of a home occupation permit from his or her duty to obtain a business license to do business in the city pursuant to the provisions of this title. Nor shall any provision of this chapter relieve the holder of a home occupation permit from his or her duty to comply with all applicable zoning restrictions imposed upon his or her home occupation pursuant to the provisions of Title 18.

(Ord. 1300 § 1 (part), 1999)

A home occupation permit issued pursuant to the provisions of this chapter shall be valid only for the person to whom it is issued and as to the specific occupation and residence for which it is issued. The home occupation permit shall remain valid from the date the permittee executes the declaration required by Section 5.68.140 until revoked, except that the permit shall expire automatically if the occupation for which the permit is issued is discontinued for a period of six months or the permittee ceases to reside at the dwelling unit for which the permit is issued.

(Ord. 1300 § 1 (part), 1999)

At the time the home occupation permittee obtains a business license, the permittee shall execute, under penalty of perjury, a declaration in the form and substance prescribed by the city licensing officer, attesting to the fact that the permittee has complied with, and will continue in the future to comply with, the provisions of this chapter.

(Ord. 1300 § 1 (part), 1999)

The planning commission may revoke any home occupation permit issued pursuant to the provisions of this chapter, or in the alternative may modify or amend the conditions of approval of such home occupation permit, in accordance with the following procedures:

A. A revocation hearing shall be held before the planning commission. Notice of the hearing shall be published once in a newspaper of general circulation within the city and shall be served, either in person or by registered mail, on the permit holder at least ten days prior to the revocation hearing. The notice of hearing shall contain a statement of the specific reasons for the intended revocation.

B. After conducting the revocation hearing, the planning commission may revoke the home occupation permit if any one of the following findings are made:

1. The home occupation permit was obtained by misrepresentation or fraud.

2. The use for which the home occupation was granted has ceased or has been suspended for six or more consecutive calendar months.

3. The permit holder and/or property owner have failed to comply with the conditions of approval of the permit or the provisions set forth in this chapter, or the permit is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.

4. The use for which the permit was granted is no longer compatible with residential activities, or, due to changes in the law, the use is no longer authorized at the premises.

C. A written notice of decision shall be mailed to the property owner and the holder of any home occupation permit revoked pursuant to the provisions of this section within ten days of the revocation hearing. Said notice of decision shall clearly state the planning commission's decision on whether or not to revoke the permit, shall set forth the findings of fact upon which the decision is based, and if the permit is not revoked, the notice of decision shall also set forth any modifications or additions to the conditions of approval.

(Ord. 1300 § 1 (part), 1999)

Any person may appeal the approval of a home occupation permit, the conditions placed on such approval, the denial of an application for a home occupation permit, or the revocation of a home occupation in accordance with the following procedures:

A. Decisions of the Director of Development Services. Any decision of the director of development services made in accordance with the provisions of this chapter may be appealed to the planning commission. The fee for such an appeal shall be set from time to time by resolution of the city council. The appeal shall be made in writing within fifteen days of the date the director of development services issues his or her decisions in accordance with Section 5.68.090A. Within fifteen days of the receipt of an appeal, the planning commission shall conduct a hearing following the same procedures set forth in Section 5.68.090B. After conducting the hearing, the planning commission shall render a decision. The decision of the planning commission is final unless appealed as provided below.

B. Decisions of the Planning Commission. Any decision of the planning commission may be appealed to the city council in accordance with tie provisions of Chapter 18.68 of this code. The fee for such an appeal shall be set from time to time by resolution of the city council. The decision of the city council is final.

(Ord. 1300 § 1 (part), 1999)

Any person found to have violated any provision of this chapter shall be guilty of an infraction punishable by a fine of not less than two hundred dollars, nor more than five hundred dollars, for each offense. Any person found to have violated the provisions of this chapter shall be deemed guilty of a separate and distinct offense for each day, or portion thereof, during which such violation continues, and shall be punishable therefor as provided above.

(Ord. 1300 § 1 (part), 1999)