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Ione City Zoning Code

CHAPTER 17

110 - HOME OCCUPATIONS

Sections:


17.110.010 - Purpose.

The purpose of this chapter is to allow limited business activity to occur at residence where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. It is not the intent of this chapter to override lawful "residential use only" restrictions set forth in the conditions, covenants, and restrictions or similar provisions.

(Ord. No. 528, 2-15-2022)

17.110.020 - Definitions.

Terms unique to this chapter are listed in Chapter 17.300 (Glossary of terms).

(Ord. No. 528, 2-15-2022)

17.110.030 - Home occupations allowed.

Home occupations are allowed as part of any residential use, provided the requirements of this chapter are met.

(Ord. No. 528, 2-15-2022)

17.110.040 - Business license.

A business license from the city is required for any home occupation consistent with the requirements of this Chapter 5.06 (Business license).

(Ord. No. 528, 2-15-2022)

17.110.050 - Plan check required.

Plan check is required as part of business license review conducted pursuant to Chapter 5.06 (Business license) and Section 17.10.020 (Plan check) and shall be completed by the city planner or his/her designee.

(Ord. No. 528, 2-15-2022)

17.110.060 - Limitations of use.

A.

Examples of types of uses allowed as home occupations. The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed may be approved by the city planner or his or her designee.

1.

Office uses such as an office for a contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, electronic commerce.

2.

Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.

3.

Tailoring, sewing, or alterations of clothing.

4.

Art and craft work such as ceramics, flower arranging, jewelry making, painting, sculpting, and photography.

5.

Small furniture repair and restoration.

6.

Other similar uses that demonstrate a low-profile operation with fewer than five customers visiting the business per day.

B.

Examples of types of uses conditionally allowed as home occupations. The following list provides examples of types of uses allowed as home occupations upon issuance of a conditional use permit (CUP) by the decision-making authority. Other uses that are similar to those listed may be considered upon a similar use determination.

1.

Beauty salon/barber shop, massage, physical therapy, personal training.

C.

Examples of prohibited uses. The following is a list of examples of prohibited uses that may not be conducted as home occupations. This is not an exhaustive list of prohibited uses. Other uses similar to those listed may also be prohibited based on similar function or operation.

1.

Ambulance service.

2.

Ammunition reloading, including custom reloading.

3.

Boarding house, bed and breakfast hotel, time share condominium.

4.

Carpentry, cabinet makers.

5.

Ceramics (kiln of six cubic feet or more).

6.

Health salon, gyms, dance studios, aerobic studies.

7.

Medical, dental, chiropractic, clinic.

8.

Mortician, hearse service.

9.

Palm reading, fortune telling.

10.

Private clubs.

11.

Repair, or reconditioning, of automobiles, boats and recreation vehicles.

12.

Restaurants or taverns.

13.

Retail sale from site (except direct distribution and artist originals).

14.

Storage, repair, or reconditioning of motorized vehicles or large equipment on site.

15.

Tattoo service.

16.

Tow truck services.

17.

Veterinary clinic (including boarding).

18.

Welding service.

(Ord. No. 528, 2-15-2022)

17.110.070 - Performance standards.

It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the business license for the home occupation. Failure to comply with these standards will result in revocation of the business license.

A.

Number of home occupations. One home occupation is allowed at a home where customers may visit the business. Otherwise, there is no limit on the number of home occupations.

B.

Employees. A home occupation shall have no on-site employees other than the full time residents of the dwelling. Other employees may be employed by the business but they may not report to the home. No more than two full-time residents may be employed at the home occupation.

C.

Habitable floor area. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

D.

Off-site effects. There shall be no mechanical equipment used or operations which create or make dust, odor, vibration, or other effects detectable at the property line of the property in which the home occupation is located.

E.

On-site sales. There shall be no products sold on the premises except artist's originals or products individually made to order on the premises, or as part of electronic commerce.

F.

Products which are not "artist's originals" or "individually made to order" may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

G.

Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.

H.

Traffic/vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle per hour.

I.

Storage. There shall be no storage of material, products, or supplies out-of-doors.

J.

Exterior appearance. There shall be no remodeling or construction of facilities for the home occupation which changes the external appearance of the residence from a residential to a more commercial appearing structure when viewed from the front of the building. Conversion of a portion of the interior of the structure (e.g., a garage) that does not result in a loss of off-street parking or alter the exterior appearance of the structure may be allowed through issuance of a building permit.

K.

Signs. No signs for the home occupation are permitted.

L.

Visitors and customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor per hour and no more than one at any given time. A home occupation may exceed these limits upon approval of a conditional use permit by the decision-making authority.

M.

Hazardous materials. Storage of hazardous materials may only be stored in amounts below the thresholds as established by the local fire department.

N.

Hours of operation. The hours of operation during which customers may visit the occupation shall be between the hours of 7:00 a.m. and 7:00 p.m.

(Ord. No. 528, 2-15-2022)

17.110.080 - Conditions.

The city planner or his or her designee may establish reasonable conditions on the operation of any home occupation if necessary to meet the intent of this chapter. These conditions shall be attached to or incorporated in the business license for the home occupation.

(Ord. No. 528, 2-15-2022)

17.110.090 - Home owners association.

As part of the business license permit application form, applicants for a business license for a home occupation shall indicate if they have consulted any relevant home owners association and/or covenants, convents, and restrictions (CC&Rs) for the business location. The intent of this portion of the application process is to remind home occupation operators that special private regulations for their development may be in effect. Although the city may issue a business license for a home occupation regardless of conflicting CC&Rs for that residence, such home occupation may not be permitted by a home owners association and may subject holder of that business license to fines, penalties, judicial action, or other enforcement proceedings from the home owners association.

(Ord. No. 528, 2-15-2022)