1. The purpose of this chapter is to permit and regulate the conduct of home occupations as an accessory use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to use their homes as a workplace and a source of livelihood under certain conditions.
2. The City acknowledges that changes in technology and composition of the work force, among other factors, have contributed to a growing interest on the part of Cupertino citizens to live and work in their homes. The City also finds that home business enterprises can help reduce commuter-traffic impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to test creative business ventures with greatly reduced startup costs.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

1. Home occupations conducted in accordance with the provisions of this chapter shall be permitted in residential zones, and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof; and provided that such occupation is not detrimental to the health, safety, public welfare and property values in the neighborhood.
2. Authorization to establish a home occupation shall be evidenced by payment of a business tax and the issuance of a City of Cupertino business license tax certificate. All home occupations shall be subject to all provisions of the Cupertino Municipal Code regulating the issuance of business licenses.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

The requirements set out in Table 19.120.030 must be met at the establishment of the home occupation, and maintained on a continuing basis during operation of the business activity.

The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156.

(Ord. 2085, § 2 (part), 2011; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)

The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones:

1. Automobile repair shops, including paint and body work;
2. Barbershops and beauty parlors;
3. Until January 1, 2021, boarding and/or rooming homes for more than two guests;
4. Clinics and hospitals, also veterinary (animal) clinics and hospitals;
5. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified;
6. Medical offices for physicians, dentists, osteopaths, and other practitioners;
7. Private schools with organized classes;
8. Upholstery, small engine repair, welding shops;
9. Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter.

(Ord. 20-2200, § 11, 2020; Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992)

Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)