§ 9.50

A. Purpose: The purpose of this chapter is to establish regulations allowing for the operation of certain business activities in single- and multi-family residential neighborhoods. The standards and requirements are intended to ensure that home occupation operations do not alter the character of any residential neighborhood, or create impacts or activities that are not typically and commonly associated with residential neighborhoods. It is the intent of this chapter to allow for commercial uses that are accessory and incidental to the primary purpose of residential zones, which is that of providing a habitable dwelling for the owner or occupant as the primary use of the residential dwelling unit.

B. Applicability: The provisions in this chapter shall apply to home occupations as defined in article 7, "Definitions", of this title and where allowed in compliance within this article 3 and the following standards. A home occupation shall only be allowed as an accessory use on a parcel with a legal residential dwelling unit.

C. Definition: A "home occupation" is defined as "a commercial activity conducted in compliance with this chapter, carried out by an occupant and conducted as an accessory use within the primary dwelling unit, an accessory structure or approved outdoor activity". (Ord. 254, 12-16-2014)

A. Home occupations are commercial uses that are accessory and incidental to a residential land use and that do not alter the character or the appearance of the residential environment or neighborhood.

B. No person shall engage in a home occupation without first obtaining a home occupation permit from the planning division consistent with the requirements of this chapter, unless otherwise exempt. In addition, the operator of the home occupation shall procure a business registration in compliance with title 5, chapter 5.20, "Business Registration Certificate", of this code, including home occupations that are exempt from permitting.

1. Class I, Exempt From Permitting:

a. Class I home occupations shall have no impact on the neighborhood in which they are located. Work is performed exclusively by phone and mail, or over the internet, and/or the activity is limited so that there are no impacts on the neighborhood. Class I home occupations are allowed in any residential zoning district.

These uses include telecommuting and internet or electronic based businesses, or other similar activities that are transparent inside the residential structure, and do not involve customers to the site, employees, or any structural alteration.

In addition, no permit is required for home based businesses where no business activity takes place other than the scheduling of appointments or paperwork, there are no customers received at the residence, the exterior of the property is not modified for the business and there is no outdoor storage of materials or vehicles, except as normally associated with and allowed in a residential area. These business activities include, but are not limited to, contractors, housecleaning, carpet cleaning, mobile car wash or gardeners.

• b. Class I development standards:

• (1) No customers or clients shall visit the residence.

• (2) All employees shall be members of the resident family and shall reside on the premises.

2. Class II, No Hearing Required:

• a. Class II home occupations may have a limited impact on the neighborhood in which they are located. Class II

home occupations shall be allowed in the Single-Family Residential (RS), Rural Living (RL) and Residential-Hillside

Reserve (R-HR) Zoning Districts.

Subject to the authority and discretion of the Director, home occupations that meet the following standards, after appropriate application and subject to a field investigation, may be permitted without notice or a hearing. Alternatively, the Director may schedule a hearing or forward the matter to the commission for action. The Director may establish any other special condition of approval for any home occupation permit as necessary to carry out the intent of this subsection.

• b. Class II development standards:

• (1) There may be sales of products on the premises.

• (2) A maximum of three (3) customers or clientele per day may visit the residence.

• (3) All employees, except one, shall be members of the resident family and shall reside on the premises.

(4) Operating hours of a home occupation in which there are customers visiting the site shall be between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Operating hours of all other home occupations requiring a permit shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

(5) There shall be no outdoor home occupation activity, and screened outdoor storage of material shall be limited to ten percent (10%) of the lot area.

3. Class III, Notice And Hearing Required:

a. Class III home occupations may have a limited impact on the neighborhood in which they are located but are also slightly more intense than Class II in that they may involve outdoor storage of material and/or outdoor home occupation activities that do not impact the neighborhood. Class III home occupations are permitted in the Rural Living (RL) and Residential-Hillside Reserve (R-HR) Zoning Districts.

Class III home occupations shall be subject to notice and hearing. The commission is the review authority, and the commission may forward the application to the Council for consideration.

• b. Class III development standards:

• (1) There may be sales of products on the premises.

• (2) Customers may visit the residence and then only by appointment. This is restricted to a single

appointment at a time. The monthly average of the total trip count for business activities shall not exceed twelve (12) trips per day in all zoning districts.

(3) All employees, except two (2), shall be members of the resident family and shall reside on the premises.

(4) Operating hours of a home occupation in which there are sales on the premises or customers visiting the site shall be between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Operating hours of all other home occupations requiring a permit shall be between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

(5) Lots in the Rural Living (RL) and Residential-Hillside Reserve (R-HR) Zoning Districts that are one acre or larger shall be permitted outdoor business activity or screened outdoor storage of materials subject to review and approval by the commission.

4. Class IV, Conditional Use Permit: Home occupations which may exceed the standards provided in subsection B2 or B3 of this section may be approved subject to the review and approval of a conditional use permit by the commission. (Ord. 254, 12-16-2014)

TABLE 3-26

PERMITTED LAND USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

Zoning districts:

R-HR: Residential-hillside reserve RS: Residential single-family

RL: Rural living RM: Residential multi-family

Permit required:

CUP: Conditional use permit E: Exempt

HOP: Home occupation permit SPR: Site plan and design review NP: Prohibited SUP: Special use permit

(Ord. 254, 12-16-2014; amd. Ord. 268, 7-18-2017)

A. All home occupations shall comply with all of the following conditions of approval at all times:

1. No dwelling or accessory structure shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted;

2. There shall be no displays, sale, or advertising signs on the premises;

3. There shall be no signs other than one unlighted identification sign containing the name and address of the owner attached to the building not exceeding two (2) square feet in area per street frontage;

4. All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement, shall be in conformance with town regulations regarding vehicle signs;

5. The home occupation shall not encroach into any required parking, setback, or open space area and required covered parking shall not be altered for the purpose of conducting the home occupation;

6. There shall be no outdoor home occupation activity or outdoor storage of stock, merchandise, scrap supplies, or other materials or equipment on the premises, except as approved by the commission;

7. Any storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential uses shall be prohibited;

8. There shall be complete conformity with fire, building, plumbing, electrical, and health codes and to all applicable state and town laws and ordinances. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises;

9. No home occupation shall generate pedestrian or vehicular traffic in excess of that customarily associated with a residential use and the neighborhood in which it is located;

10. No home occupation shall be initiated until a current business registration certificate is obtained, including home occupations that are exempt from permitting;

11. A home occupation permit shall not be transferable to another person or property;

12. No use shall create or cause noise in excess of noise standards established for residential zoning districts, dust, light, vibration, odor, gas, fumes, toxic or hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances;

13. Public advertising shall only list phone number, operator's name, post office box and description of business. Business address or location shall not be included in any public advertising;

14. Parking shall comply with the requirements of chapter 9.33 of this article 3. One additional parking space shall be provided for each nonresident employee.

15. If the home occupation is to be conducted on rental property, written permission from the property owner shall be submitted. (Ord. 254, 12-16-2014)

A. The review authority shall review all applications for a home occupation permit to determine if the proposed use is consistent with the provision of this chapter. If all standards are met after complying with the noticing provisions of chapter 9.85 of this title, the review authority shall make the following findings prior to issuance of the permit:

1. That the proposed use is not prohibited;

2. That the proposed use will comply with all applicable standards;

3. That the issuance of the home occupation permit will not be detrimental to the public health, safety, and general welfare;

4. That the proposed use will be consistent with any applicable specific plan;

5. That the proposed use will not alter the character of the neighborhood and will not induce physical or socioeconomic changes to the neighborhood that are inconsistent with the goals and objectives of the general plan, and this development code, and that do not create characteristics more closely associated with commercial, office or industrial land use activities. (Ord. 254, 12-16-2014)

Home occupation permits are approved for a period of three (3) years. The director shall be the review authority for all home occupation permit renewals. (Ord. 254, 12-16-2014)

Refer to chapter 9.83, "Permit Amendments", of this title. (Ord. 254, 12-16-2014)

Refer to chapter 9.84, "Permit Revocations", of this title. (Ord. 254, 12-16-2014)

Refer to chapter 9.81, "Appeals", of this title. (Ord. 254, 12-16-2014)