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Madera County Unincorporated
City Zoning Code

CHAPTER 18

89 - REGULATIONS FOR COTTAGE INDUSTRY HOME OCCUPATION

18.89.010 - Purpose.

The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. It is the further purpose of this section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the residential property in the area in which they are established. The standards for home occupations and cottage industries in this chapter are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

A.

Applicability. The provisions of this section are applicable in all areas of the county.

B.

Regulations. A cottage industry may be conducted in any zoning district which allows residential use, subject to the following standards.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.020 - Permitted home occupations.

A.

A home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence.

B.

Not more than twenty-five percent of the gross area of one floor of a residence shall be used for such purpose, including storage space required in conjunction with the home occupation.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.030 - Minimum standards.

A home occupation shall comply with the following minimum standards:

A.

A home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling.

B.

A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling.

C.

There shall be no external alteration of appearances of the dwelling in which a home occupation is conducted (relating to the home occupation).

D.

Only a resident of the premises may engage in a home occupation on the premises. Nonresident partners, employees, or customers are not permitted to engage in the home occupation on the premises.

E.

A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

F.

Not more than one truck of not more than one to one and one-half ton capacity (may not be a tow truck), and no more than one trailer which will each individually fit within a standard (ten feet by twenty feet) parking space or garage.

G.

A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

H.

A home occupation may not involve the performance of any repair services on the premises other than small appliances, equipment, or other small objects which are normally capable of being carried by one person without the aid of mechanical equipment or devices.

I.

Business advertising shall utilize a post office box and not the residential address.

J.

Signs advertising the home occupation are not permitted on the property. Other advertising shall not include the address of the premises.

K.

Sales of products or provision of services shall be delivered offsite by the occupants of the residence, and no customers shall come to the site to take delivery of products or receive services at the site.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.040 - Cottage industry permit—Required.

The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. No cottage industry shall be established until an application for a cottage industry permit has been submitted to and approved by the planning department as consistent with the requirements of this chapter in accordance with the procedures set out in Sections 18.89.050 through 18.89.060 of this title.

A.

Cottage industries may include, but are not necessarily limited to, the following:

1.

Artist, sculptor or photography studio, or firearm repair;

2.

Author or composer;

3.

Dressmaker, seamstress or tailor;

4.

Gardening service;

5.

Hairdresser/barber, one chair or booth only;

6.

Home crafts, such as model making, pottery, rug weaving or lapidary work;

7.

Office of a religious leader;

8.

Office of a salesman, sales representative or manufacturers' representative, provided that no retail or wholesale transactions are made on the premises;

9.

Office of an architect, artist, broker, consultant, engineer, instructor in arts and crafts, insurance agent, land surveyor, musician, bookkeeper, accountant, typist, notary public or private investigator;

10.

School of special education whose class size does not exceed one pupil at any given time;

11.

Telephone answering service;

12.

Key and locksmith;

13.

Pet grooming, provided that no more than one (1) animal associated with the use is on the premises at a time;

14.

Manicurist;

15.

Internet services.

B.

A total of one person, other than the resident and immediate family residing on site, may be employed in the cottage industry.

C.

There shall be no advertising for the cottage industry on the property, except for such advertising as may be incorporated within the two square foot nameplate allowed for the residence. The location and design of such nameplate shall be subject to the approval of the zoning administrator.

D.

Adequate access and parking must be provided on-site to accommodate the residential use, employee and one customer of the cottage industry. Stacked parking is allowed.

E.

Home offices may have one employee or partner on the premises during the hours between eight a.m. and five p.m., Monday through Friday;

F.

Home offices may have one customer on the premises at a time, by appointment only, between the hours of eight a.m. and five p.m., Monday through Friday;

G.

Deliveries are limited to two per day.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.050 - Cottage industry permit—Application—Contents.

An application for a cottage industry permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Description of the cottage industry including:

1.

Trade name or business title,

2.

Resale number, if any,

3.

Detailed description of the proposed occupation,

4.

Tools, machinery or equipment required or used in the practice of the occupation,

5.

Site plan showing access and parking.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.060 - Review and approval.

The cottage industry permit application shall be reviewed and approved in accordance by the planning department.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.070 - Permit revocation and modification.

(See also Chapter 18.108) Any permit issued pursuant to this chapter may be revoked or modified by the zoning administrator. The decision may be appealed to the zoning administrator.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.080 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One-half acre, minimum.

(Ord. No. 525-PP, § 1, 4-12-11).