The purpose of these regulations is to allow persons to carry on income producing activities on their residential property while protecting nearby residential properties from potentially adverse effects of home occupations, such as noise, traffic, or other nuisance that would interfere with the residential atmosphere intended for residential uses.

No person shall engage in a home occupation without first obtaining approval of a permit from the Planning Division. No business license shall be issued to the applicant until the Home Occupation Permit is approved and issued by the Planning Division.

The Planning Division shall approve, conditionally approve, or deny applications for Home Occupation Permits. A public hearing shall not be required for a determination for a Home Occupation Permit.

An application for the permit shall be on a form prescribed by the Director and shall be filed with the Planning Division. As with other kinds of applications for permits or approvals, acceptance of an application does not constitute an indication that the Town will approve the application.

Home occupations shall comply with all of the following operating standards at all times:

A.

Operating Standards For All Residential Districts

1.

There shall be no visible or external evidence of the home occupation. No dwelling 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, except for those associated with the sale of produce (fruit or vegetables) grown on the subject property;

3.

There shall be no signs other than one (1) 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, except business identification, related to the home occupation or any other similar vehicle shall be garaged or stored entirely within a building or structure;

5.

The home occupation shall not encroach into any required parking, setback, or open space area;

6.

There shall be no visible outside storage of stock, merchandise, scrap supplies, or other materials or equipment on the premises. Any storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential uses shall be prohibited;

7.

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;

8.

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;

9.

No home occupation shall be initiated until a current business license is obtained;

10.

A Home Occupation Permit shall not be transferable;

11.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit;

12.

The garage shall not be altered externally;

13.

No use shall create or cause noise, dust, light, vibration, odor, gas fumes, toxic or hazardous materials, smoke, glare, electrical interference, fluctuations in the line voltage outside the structure, or other hazards or nuisances, subject to conformance with Section 9.70 Performance Standards and Section 9.73 Noise Control.

14.

The Director may establish any other special condition of approval for any Home Occupation Permit as necessary to carry out the intent of this Chapter.

15

The home occupation shall be restrict to operations between Monday through Saturday, between the hours of 8 am to 5 pm.

B.

Operating Standards for R-VLD, R-A and R-LD Districts. In addition to the operating standards provided in Section 9.19.050.A above, the following operating standards shall apply in the R-VLD, R-A and R-LD zoning districts:

1.

The home occupation shall be carried out primarily by a full time resident(s) of the dwelling. One (1) additional employee may also be used for a home occupation provided all the required findings can be made;

2.

Off-street parking shall be provided for employees and customers, however such parking shall not be provided in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted and shall be located behind or outside of all required setbacks;

3.

No vehicle or trailer displaying signs shall be parked in a manner that would attract or draw attention to the premises;

4.

Any trailer or other towed vehicles used in conjunction with the home occupation shall be parked or stored behind the required front setback and shall be screened from any public right-of-way.

C.

Operating Standards for R-E, R-E¾, R-EQ, R-SF, R-M and M-U Districts. In addition to the operating standards provided in Section 9.19.050.A, the following operating standards shall apply in the R-E, R-EQ, R-SF and R-M zoning districts:

1.

The home occupation shall be carried out primarily by a full time resident(s) of the dwelling. One (1) additional employee may also be used for a home occupation provided all the required findings can be made;

2.

The home occupation shall not involve maintenance of an office that is open to persons other than members of the resident family who permanently reside on the premises;

3.

No special off-street parking area shall be allowed in connection with the home occupation, however the driveway may be used for such parking;

4.

The home occupation shall be conducted wholly within the structures on the premises and shall not involve the use of more than one (1) room, or floor area equal to twenty (20) percent of the total floor area of the dwelling, whichever is less, except that horticulture activities related to the home occupation may be conducted outdoors but shall be behind the required front yard setback;

5.

Storage and parking of vehicles on the premises, used in conjunction with the home occupation shall be limited to automobiles and light trucks not exceeding 10,000 pounds gross vehicle weight.

No Home Occupation Permit shall be approved unless the Director is able to make the following findings in taking an action to approve or conditionally approve a Home Occupation Permit:

A.

That the proposed home occupation will comply with all conditions specified in Section 9.19.050Operating Standards, of this Chapter;

B.

That the proposed home occupation is not prohibited under the provisions of Section 9.19.070Prohibited Home Occupations, of this Chapter;

C.

That the issuance of the Home Occupation Permit will not be detrimental to the public health, safety and welfare;

D.

That the issuance of the Home Occupation Permit will not adversely affect the persons residing in the vicinity of the proposed home occupation; and

E.

That the proposed use will be consistent with all applicable policies, programs and provisions of the General Plan and any applicable specific plan.

The following uses are not incidental to nor compatible with residential activities and therefore shall not be allowed as home occupations:

A.

Animal hospitals;

B.

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

C.

Barber and beauty shops;

D.

Dancing schools or exercise studios;

E.

Junk yards;

F.

Massage parlors;

G.

Medical and dental offices, clinics, and laboratories;

H.

Mini-storage;

I.

On-site retail sales, except for the sales of produce (fruit or vegetables) grown on the subject property;

J.

Storage of equipment, materials, and other accessories to the construction trades;

K.

Welding and machining.

Home Occupation Permits may be revoked or modified by the Town Manager or Designee who shall act as the Hearing Officer in compliance with the provisions of this Code, if any one of the following findings can be made:

A.

That the permitted home occupation use has changed in kind, extent or intensity from the use which received an approved Home Occupation Permit;

B.

That the use has become detrimental to the public health, safety, welfare or traffic, or constitutes a nuisance;

C.

That the use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months;

D.

That the use is not being conducted in a manner consistent with applicable operating standards described in Section 9.19.050Operating Standards, of this Chapter;

E.

That the permit was obtained by misrepresentation or fraud;

F.

That one (1) or more of the conditions of the Home Occupation Permit have not been met;

G.

That the property owner or tenant fails to permit entry onto the premises to allow periodic inspections by representatives of the Town at any reasonable time;

H.

That the home occupation is in violation of any statute, law, ordinance, or regulation;

I.

That two (2) or more valid complaints from at least two (2) different parties have been filed against the home occupation within any six (6) month period, and it is found that the use is causing harm or unreasonable annoyance or is otherwise detrimental to other property or its use in the area.