Calistoga City Zoning Code
CHAPTER 17
43 HOME OCCUPATIONS
§ 17.43.010 Purpose and intent.
Home occupation permits are intended to limit enterprises conducted within homes in residential zoning districts to those which are clearly incidental and secondary to the use of the residence. A home occupation permit allows for gainful employment in the home by the occupant(s) of the dwelling to the extent that the enterprise does not have associated characteristics which would reduce the surrounding residents enjoyment of their neighborhood.
(Formerly 17.21.010; Ord. 714 § 5, 2015)
§ 17.43.020 Zoning districts permitting home occupations.
Home occupations shall be permitted in the following residential zoning districts: R-R, RR-H, R-1, R-2, R-3, MHP, and PD when combined with an underlying residential classification. In the event a residence is located in a commercial or industrial zoning classification and is a legal nonconforming use or legally established in accordance with the provisions of this title, a home occupation permit may be issued. In the event the primary use as a residence ceases, the continued use of the structure shall be in accordance with the applicable zoning classification.
(Formerly 17.21.020; Ord. 714 § 5, 2015)
§ 17.43.030 Permitting and revocation procedures.
A.
Authority for a home occupation permit shall be vested with the Planning and Building Department. A public hearing shall not be required for the issuance of a home occupation permit.
B.
An application for a home occupation shall be made on forms provided by the Planning and Building Department and shall be accompanied by fees as approved by Council resolution.
C.
Upon approval of a home occupation permit, a business license shall be obtained and shall be maintained annually for the life of the home occupation. In the event of an employee, proof of worker's compensation shall be provided prior to the issuance of a business license.
D.
Failure to maintain a valid business license may result in revocation of a home occupation permit.
E.
Failure to comply with the conditions of operation as stated in CMC § 17.43.030 may result in the revocation of a home occupation permit.
F.
Once revoked a home occupation permit for the same or a similar type of occupation shall not be issued to the same person or address for a period of one year from revocation.
(Formerly 17.21.030; Ord. 714 § 5, 2015)
§ 17.43.040 Conditions for operation.
The following conditions shall apply to all home occupation permits:
A.
The home occupation shall be conducted entirely within a dwelling and/or a garage and must be clearly subordinate to the use of the property for residential purposes.
B.
A home occupation within a garage shall not impair the daily use of the garage by maintaining storage area for at least one automobile.
C.
The home occupation shall not alter the appearance of the dwelling unit such that the structure is likely to be recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds, noise, vibration and the like).
D.
There shall be no signs other than the name and address of the resident(s).
E.
There shall be no advertising on or in the vicinity of the property or otherwise which identifies the home occupation by street address.
F.
No commercial vehicles may be used for delivery of materials, with the exception of occasional and reasonable courier services to or from the premises, and no more than one vehicle larger than a three-quarter-ton truck may be used in connection with a home occupation.
G.
Activities conducted, equipment, or hazardous materials shall be identified on the permit application and shall not change the fire safety or occupancy classifications of the premises.
H.
No use shall create or cause hazards or nuisances due to noise, dust, vibration, odors, smoke, glare, electrical interference or other reasons.
I.
Not more than one employee other than the resident(s) of the dwelling shall be allowed to work, gather or congregate on the premises in connection with a home occupation with the exception of babysitters or domestic staff. Home occupation utilizing an outside employee must provide additional adequate parking.
J.
Winery-related home occupations shall be limited to administrative activities, barrel aging and storage. Indoor storage of up to two barrels or 50 cases of wine shall be permitted. Home wineries shall comply with any grape sourcing requirements that are applicable to the facility at which the fruit used to produce the wine is crushed. No public tours and tastings, private wine marketing events, winery events, retail or wholesale distribution shall be permitted on the premises.
K.
Home occupations utilizing an outside employee shall provide adequate worker's compensation.
L.
There shall be no use or storage of materials or mechanical equipment not recognized as being part of a normal household or hobby use. No outdoor storage other than that permitted in a residential zone shall be allowed.
M.
There shall be no use of any accessory building or yard space or activity outside of the main building or attached garage not normally associated with residential use.
N.
The home occupation shall not result in the use of water, sewer, electrical or natural gas utilities in amounts greater than normally used for residential purposes.
O.
The home occupation permit shall be valid only for the person to whom it is issued, at the address at which it is issued, and during the period of time for which a valid, unexpired City business license is in effect. Failure to properly renew said license or failure to comply with any of the conditions of approval will render the permit null and void.
(Formerly 17.21.040; Ord. 679 § 12, 2012; Ord. 714 § 5, 2015)
§ 17.43.050 Prohibited home occupation uses.
A.
The following uses, either by operation or nature, are not considered to be incidental to or compatible with residential activities and therefore shall not be permitted as home occupations:
1.
Automotive and other vehicle repair, including mobile repair services (body or mechanical), upholstery, painting, or storage;
2.
Carpentry or cabinet making;
3.
Welding and machine operations;
4.
Medical offices, clinics or laboratories;
5.
Animal hospitals and grooming facilities;
6.
Contractor's storage yards or junk yards;
7.
Escort services;
8.
Dancing, martial arts or exercise studios which serve more than two persons during any four-hour period;
9.
Day care for greater than seven children;
10.
Dealing in or with firearms.
B.
Other uses similar in nature to the foregoing which are determined to be incompatible with or detrimental to residential activities by the Director of Planning and Building.
(Formerly 17.21.050; Ord. 557 § 3(2), 1999; Ord. 714 § 5, 2015)