Chapter 9.40 — Home Occupation Permits

Sections:

• 9.40.010 Purpose

• 9.40.020 Applicability

• 9.40.030 Permit Required

• 9.40.040 Application Filing, Processing, and Review

• 9.40.050 Home Occupations Expressly Prohibited 9.40.060 Directors Decision

• 9.40.070 Compliance with Standards

• 9.40.080 Findings and Decision

• 9.40.090 Conditions of Approval

• 9.40.100 Permit Expiration

• 9.40.110 Acknowledgement

• 9.40.120 Permit Not Transferable

• 9.40.130 Changes in Home Occupation

• 9.40.140 Post Decision Procedures

The purpose of this Chapter is to provide a process to gain City approval to conduct a home occupation which represents a legal commercial enterprise conducted by an occupant(s) of a dwelling.

A. Incidental and Secondary

The Home Occupation Permit is intended to allow for home occupations that are conducted within a dwelling located in a residential zone, including Transect Zones, and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses.

B. Allowed by Article 3

A home occupation may only be conducted when allowed by Article 3 (Specific to Zones).

Tehachapi Zoning Code | October 2014 Adopted |

9-21

Chapter 9.40 Home Occupation Permits

A. Home Occupation Permit Required

No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the Director in compliance with this Chapter.

2. Small family day care home. A small family day care home for eight or fewer children operated in compliance with State law and Section 6.20.020 (Family Day Care Facilities) is exempt from the requirement of a Home Occupation Permit.

B. Exemption

1. Live/work. A legal live/work facility is exempt from the requirement of a Home Occupation Permit.

A. Application

1. Filing

• a) An application for a Home Occupation Permit shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

• b) The application shall be signed by the owner of record or by an authorized agent.

• c) Authorized agents shall provide written authorization signed by the property owner.

2. Required data. The application shall include the information and materials specified in the Department handout for Home Occupation Permit applications, together with the required fee.

3. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.40.080 (Findings and Decision).

B. Public Notice Not Required

A public notice and hearing shall not be required for the Director’s decision on a Home Occupation Permit application.

Refer to Section 6.20.030 (Home Occupations) for the list of prohibited home occupations.

A. Director’s actions. The Director may approve a Home Occupation Permit application that would be operated in compliance with Section 9.40.070 (Compliance with Standards), deny the application, or defer action and refer the application to the Commission for review and final decision.

B. Business Tax required. In conjunction with the Home Occupation Permit, the applicant shall obtain a Business License in compliance with Municipal Code Chapter 5.08 (Business Tax).

9-22 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.40 Home Occupation Permits

Home occupations shall comply with the applicable locational, developmental, and operational standards specified in Section 6.20.030 (Home Occupations) as well as any conditions or terms imposed on the Home Occupation Permit.

The Director shall review all applications and shall record the decision in writing with the findings on which the decision is based. The Director (or the Commission on a referral) may approve a Home Occupation Permit application, with or without conditions, only after first making all of the following findings:

• A. The proposed home occupation will:

1. Be consistent with the General Plan, any applicable specific plan, and the development and design standards of the subject residential zone;

2. Be listed as an allowable use in Article 3 (Specific to Zones);

3. Comply with the applicable locational, developmental, and operational standards specified in Section 6.20.030 (Home Occupations) as well as any conditions or terms imposed on the Home Occupation Permit; and

4. Be clearly incidental and secondary to the use of the dwelling for residential purposes and be compatible with surrounding residential uses.

• B. The proposed home occupation will not:

1. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity;

2. Interfere with the use or enjoyment of neighboring existing or future residential developments, and will not create traffic or pedestrian hazards; and/or

3. Create vehiclular traffic improvement with the neighborhood environment.

In approving a Home Occupation Permit application, the Director (or the Commission on a referral) may impose conditions or terms (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, perfor-

mance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose of this Chapter.

When a home occupation has been discontinued for at least 90 days the Home Occupation Permit shall immediately expire.

Tehachapi Zoning Code | October 2014 Adopted | 9-23

Chapter 9.40 Home Occupation Permits

An approved Home Occupation Permit shall not be valid until signed by the applicant, with the signature acknowledging the applicant’s full understanding and agreement with all of the conditions, and agreement to waive any right to later challenge any conditions imposed as unfair, unnecessary, or unreasonable.

A. Not transferable

The Home Occupation Permit is not transferable to another resident.

B. New permits required

A new Home Occupation Permit, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.

A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/ permittee shall also require a new Home Occupation Permit before conducting an allowed home occupation.

The procedures and requirements in Chapter 9.100 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20) and modifications and/or revocations (Chapter 9.110) shall apply following the decision on a Home Occupation Permit application.

9-24 | Adopted October 2014 | Tehachapi Zoning Code