San Jose Municipal Code Part 9 Home Occupations (CA)

20.80.700 - General.¶

A home occupation meeting the criteria of this part is allowed in a one-family dwelling, two-family dwelling, multiple dwelling, accessory dwelling unit or mobilehome as an incidental use of such dwelling.

(OrdS. 26248, 30480.)

Exceptions & meaning →

20.80.710 - Performance criteria.¶

A business or commercial activity is a home occupation only if it conforms to each of the performance criteria, set forth in Table 20-160 below:

Table 20-160 Performance Criteria

Signage	Signage must conform to the residential signage requirements set forth in Part 4 of Chapter 23.04 of Title 23 .
Business Vehicles	A maximum of one business vehicle with a manufacturer's gross vehicle weight of less than ten thousand pounds is permitted to be kept, garaged or parked on the lot or parcel associated with the home occupation.
Clients	A maximum of two clients at a time are permitted at the dwelling.
Employees and Assistants	Only occupants of the dwelling may be employees or unpaid volunteers of the business or commercial activity; provided, however, that Note 1 below this Table 20-160 applies to and shall govern and control over cottage food operations.
Environmental Constraints	There shall be no obnoxious odors, vibrations, glare, fumes, dust, electrical interference or noise detectable by normal human sensory perception outside the dwelling or through vertical or horizontal party walls.
Hours of Operation	Clients are permitted at the residence only between the hours of 9:00 a.m. and 9:00 p.m.
Location
Dwelling Unit	Home occupations, including storage, are permitted in the dwelling unit.
Accessory Building	Home occupations, including storage, are limited to one hundred square feet of floor area in an accessory building provided any required parking provided in the accessory building is retained and accessible.
Attached Garage	Home occupations are permitted in an attached garage provided the required parking is retained and accessible.
Carports	Home occupations are not permitted in carports.
Yard Areas	Home occupations, with the exception of activities that meet the definition of neighborhood agriculture, are not permitted in yard areas.
Manufacture or Assembly	No manufacture or assembly, other than hand-crafted products, is permitted.
Sales	The direct sale of products off display shelves or racks to the general public shall be limited to no more than fifteen square feet of space; however, an order may be filled on the premises if placed earlier by a customer using online, telephone or mail order communications, or through attendance at an off-site sales party.

Notes applicable to performance criteria for home occupations:

Note 1: Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and the California Health and Safety Code, as amended. Where the provisions of State law pertaining to cottage food operations, or state regulations promulgated thereunder, conflict with the performance criteria set forth in Table 20-160 above, such state law or regulations shall govern and control over the criteria set forth in Table 20-160 above.

(Ords. 26248, 29011, 29218.)

Exceptions & meaning →

20.80.720 - Prohibited uses.¶

The following are not permitted as home occupations:

A. Animal breeding except for small scale activity involving no more than a total of six adult small animals (animals of six months in age or greater) as set forth in Title 7.

B. Appliance repair, other than the repair of small household appliances, as defined in Section 20.200.550.

C. Firearm sales and service.

D. Motorized garden tool repair, such as, but not limited to, lawnmowers, chainsaws, and leaf blowers.

E. Massage parlor, as provided in Part 1 of Chapter 20.80 of this title, and the business of massage as provided in Section 6.44.010A.

F. Pest control.

G. Upholstery and furniture repair.

H. Food catering, excluding cottage food operations, that are allowed under and fully comply with the requirements therefor contained in the California Government Code and the California Health and Safety Code, together with applicable regulations promulgated thereunder, as amended.

I. Vehicle-related uses such as, but not limited to, the following: storage of vehicles, cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, towing, driving schools, and dispatching of vehicles located at the site.

J. Welding.

K. Any use which requires a hazardous materials permit from the fire department.

L. Any off-sale of alcohol.

M. Any other use which does not comply with each of the criteria provided in Table 20-160.

(Ords. 26248, 26455, 29011, 29218.)

Exceptions & meaning →