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Amador City City Zoning Code

CHAPTER 17

68 - HOME OCCUPATIONS

17.68.010 - Intent and purpose.

The intent and purpose of the home occupation provisions is to authorize and regulate the conduct of a business in residentially zoned districts. Home occupations shall be limited to those uses which are to be conducted within a residential dwelling in such a manner and under such conditions and restrictions that will be compatible with and not disrupt the residential character of the neighborhood in which they are permitted or the appearance and condition of the residence in which they are conducted. Such provisions for land use permit under this section are in addition to procedures in Chapter 17.80.

(Ord. 79 § 1(A), 1988)

17.68.020 - Designation of uses.

The designation of permitted home occupations shall include any uses customarily conducted entirely within a residential dwelling. The use shall be clearly incidental and secondary to the principal use of the property for residential dwelling purposes. The following uses, or similar uses as determined by the city council, shall be considered eligible for home occupation permits provided that such uses comply with the criteria established by this chapter:

A.

Consultative professional occupations, whose function is one of rendering a service;

B.

Secondary business offices, where such business has its principal office, staff and equipment located elsewhere;

C.

The home office of a salesperson providing no commodities shall-be displayed on the premises;

D.

Drafting, designing or similar disciplines utilizing drafting or art equipment.

(Ord. 79 § 1(B), 1988)

17.68.030 - Criteria.

A home occupation may be permitted only upon obtaining an approved land use permit and city business license. In addition to special restrictions or conditions that may be attached to an approved land use permit, the following criteria shall apply:

A.

Only occupants of the dwelling shall be employed on the premises.

B.

The home occupation shall be conducted wholly within the structure(s) on the premises and shall not exceed fifty (50) percent of the total area of the structure(s). No new building constructed for purpose of home occupancy.

C.

Inventory and supplies for the home occupation shall not occupy more than fifty (50) percent of the permitted area.

D.

No signs or advertisements shall be displayed on the premises.

E.

No display of any kind shall be visible from the exterior of the premises.

F.

No mechanical or electrical apparatus associated with the business shall be visible from the exterior of the premises.

G.

No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or are customary to home crafts.

H.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises.

I.

The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

J.

There shall be complete conformity to residential, fire, building, electrical, plumbing and health codes as well as all state and city laws and ordinances.

K.

The home occupation shall not cause a demand for municipal or utility service or community facilities in excess of those which are usually and customarily provided for residential use.

L.

There shall be no installation of additional utility connections, with the exception of telephones, to facilitate a home occupations.

M.

The home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet (including radio and television reception) of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises or vibrations.

N.

Any special condition established by the city council and made a record in the home occupation permit, as they may deed necessary to carry out the intent of this chapter shall be met.

O.

All home occupation permits are subject to immediate cancellation in the event of any violation of the provisions hereof.

P.

No outdoor storage shall be permitted.

Q.

An annual use permit is required. The fee, established by ordinance or resolution, will be paid the first year only. Although the annual permit continues to be required, thereafter a business license fee, established by ordinance or resolution, will be paid annually.

(Ord. 113, 1993; Ord. 79 § 1(C), 1988)

17.68.040 - Procedure.

A.

Application. A signed application and payment of a fee shall be submitted to the city clerk, at least fifteen (15) days prior to a regular city council meeting to set public hearing on the use.

B.

Notice of Decision. No later than thirty (30) days following city council staff's action in granting or denying the home occupation, written notice of the decision shall be mailed to the applicant at the address shown on the application form and to any other person requesting notice.

C.

Decisions by City Council and/or Staff. The decision of city council and/or staff shall be final. Such decision shall not become effective for thirty (30) days from the date that the written decision has been made and notice thereof mailed to the applicant.

D.

Voiding of Permit. City staff may void any home occupation for noncompliance with conditions set forth in approving the permit by providing written notice pursuant to Section 17.68.030.

(Ord. 79 § 1(D), 1988)

17.68.050 - Appeal of staff decision.

A.

Appeals may be taken to the city council by the applicant or any other person aggrieved by staff's decision.

B.

Appeals shall be filed on forms supplied by the city council within thirty (30) days from the date that the staff's written decision and notice thereof is mail or delivered to applicant or other person requesting notice.

C.

On the appeal, the city council shall review the decision of staff, hear new evidence and testimony, if offered, and in deciding the appeal may either affirm, reverse or modify the decision of city staff.

(Ord. 79 § 1(E), 1988)