Millbrae City Zoning Code
ARTICLE XIX
Accessory Uses
§ 10.05.1900 Drive-through facilities.
A.
Requirements.
1.
A drive-through facility may occur only in conjunction with a permitted business establishment;
2.
A drive-through facility shall serve only one business establishment;
3.
A drive-through facility must be located on the same parcel as the business establishment it serves;
4.
No drive-through facility shall block or in any way impede vehicular access to, from, or within the parcel upon which it is located;
5.
No drive-through facility shall block or in any way impede minimum required pedestrian access to, from, or within the parcel upon which it is located;
6.
All drive-through facilities shall provide a stacking lane of sufficient length to accommodate the number of customer vehicles queuing at the anticipated rate of arrival at and departure from the premises;
7.
In its review of individual applications for drive-through facilities, the planning commission may find additional requirements necessary and may impose such requirements through design review and/or by special conditions of approval.
B.
Prohibited Activities. A drive-through facility shall not be utilized for vehicular parking, loading/unloading, or any purpose other than the temporary queuing of customer vehicles.
C.
Permits. A conditional use permit, approved by the city's planning commission, shall be required for all drive-through facilities. Where the applicant is not the owner of the lot upon which the drive-through facility is proposed, the application shall be signed by the property owner or designated representative.
D.
Applications. Conditional use permit applications shall be submitted on the appropriate city form to the planning division in accordance with the provisions of Article XXV of this chapter.
E.
Not Transferable. Conditional use permits for drive-through facilities shall not be transferred or assigned to any other person, premises, or business activity.
(Ord. 726 § 2 (Att. A))
§ 10.05.1910 Home occupations.
A.
Requirements.
1.
The principal use of the dwelling unit must be as a residence and the home-based business must be secondary;
2.
The dwelling unit must be the primary residence of the owner of the home-based business, as well as for all employees who work at the dwelling unit, while all other employees, if any, must work off site;
3.
Signage, or any other form of on-site advertising associated with the home-based business, is not allowed, excluding signage on vehicles;
4.
All business activity occurring at the residence must be conducted entirely inside the dwelling unit or within another fully enclosed, legal, permanent structure on the same property;
5.
No customers shall come to the dwelling. The only exception shall be for an educational, instructional, or consultation activity which is by appointment only and involves no more than one customer at a time;
6.
If the business involves the sale of goods, the goods shall not be sold from the premises, except for items purchased by customers via the Internet or other remote means where the purchased items are shipped from the home or another location directly to the customer;
7.
Vehicular deliveries or pick-ups associated with the home-based business shall not exceed the level that is customarily associated with residential occupancy of a dwelling unit;
8.
If the business involves either the production or sale of goods, the quantity of stock, products, materials, or equipment that may be stored on the premises shall:
9.
High-power or high-capacity mechanical or electrical equipment shall not be installed in the dwelling unit for the primary purpose of serving the home-based business; such equipment shall only be installed as is necessary or convenient for domestic purposes;
10.
The exterior appearance of the building(s) in which the home-based business is conducted shall not be altered expressly for the business activity;
11.
Only one vehicle, to be parked on the premises or on any adjacent public street or alley, shall be used per home occupation permit. Trucks used in conjunction with a home-based business shall have a bed not longer than eight feet, excluding the tailgate, and shall be limited to a manufacturer's capacity rating not greater than one ton. There shall be no on-site parking or parking on any adjacent public street or alley of trailers or semi-trailers, or any additional vehicles used in conjunction with the business.
B.
Prohibited Activities.
1.
Home-based businesses conducted in a manner that causes the premises to differ from its residential character in terms of colors, materials, construction, or lighting;
2.
Home-based businesses that emit excessive sounds, noises, smoke, odors, vibrations, liquid or solid waste, television or radio interference, or create any other impacts constituting a nuisance;
3.
Home-based businesses that involve hazardous materials or chemicals, with the exception of very small production businesses such as jewelry making, gift basket arranging, or needlework;
4.
Barbershop, beauty salon, massage business, automobile repairing, painting or detailing, medical clinic, dog kennel or other boarding of pets, dog training, recording studio, and other activities considered to be of similar character by the community development director or designee that demonstrate any of the aforementioned impacts; however, certain businesses may be permitted to use the home for office purposes when the service is performed exclusively off site, such as mobile pet grooming, mobile automotive dent repair, mobile windshield repair, and outcall massage.
C.
Permits. No person shall commence or carry on any home-based business, as set forth above, within the city without first having received all required permits from the city. The community development director or designee shall issue a home occupation permit when the home-based business meets all aforementioned requirements and does not involve any of the aforementioned prohibited activities. Every home-based business shall fully comply with all city, county, and state codes, ordinances, rules, and regulations. More than one home occupation permit may be issued at the same dwelling unit address.
D.
Applications. Home occupation permit applications shall be submitted on the appropriate city form to the planning division by the person wishing to conduct the home-based business. Where the applicant is not the owner of the lot upon which the home-based business is proposed, the application must be signed by the property owner or designated representative. The applicant must submit proof of residency at the address for which the home occupation permit is requested.
E.
Not Transferable. A home occupation permit shall not be transferred or assigned to any other person, premises, or business activity.
F.
Notices and Appeals. Within ten business days after the submittal of an application for a home occupation permit, the community development director or designee shall either approve or deny the permit. If denied, notice of such action shall be provided to the applicant by mail to the address appearing on the application. Appeals of a staff denial shall be made to the planning commission in the manner provided in Article XXVII of this chapter.
G.
Suspension, Revocations, and Appeals.
1.
Any home occupation permit issued pursuant to the provisions of this chapter may be suspended or revoked by the community development director or designee for any of the following reasons:
a.
The home-based business is in violation of any conditions of approval or of any city, county and/or state code, ordinance, rule, or regulation, including the provisions of this chapter;
b.
The home-based business is being conducted in a disorderly manner or to the detriment of the general public or surrounding property;
c.
The home-based business activity is different from that for which the permit was issued;
d.
The home-based business has been inactive for more than ninety consecutive days.
2.
The suspension or revocation of a home occupation permit shall occur by written notice from the community development director or designee to the permit holder. The notice shall contain a brief statement of the grounds for suspending or revoking the permit and such notice shall be sent to the permittee at the address appearing on the permit. Appeals of the community development director's or designee's determination shall be made to the planning commission as set forth in Article XXVII of this chapter.
H.
Business License Required. No home occupation permit shall be issued without the applicant possessing or simultaneously applying for a city of Millbrae business license.
(Amended by Ord. 756 § 6; Ord. 726 § 2 (Att. A))
§ 10.05.1920 Outdoor dining.
A.
Requirements.
1.
Outdoor dining may occur only in conjunction with an approved indoor restaurant;
2.
Outdoor dining may serve more than one indoor restaurant, but must be located on the same parcel(s) as the indoor restaurants it is intended to serve;
3.
No outdoor dining area shall block or in any way impede vehicular access to, from, or within the parcel upon which it is located;
4.
No outdoor dining area shall block or in any way impede minimum required pedestrian access to, from, or within any public right-of-way;
5.
No outdoor dining area shall block or in any way impede minimum required emergency egress from the premises.
B.
Prohibited Activities. An outdoor dining area shall not be utilized for any commercial purpose other than eating and drinking.
C.
Permits.
1.
A conditional use permit, approved by the planning commission, shall be required for all outdoor dining areas located within the DIA zone;
2.
An encroachment permit, approved by the city's engineering division, shall be required for all outdoor dining areas located either partially or wholly within a public right-of-way; provided, that a conditional use permit, if required, has first been approved. If approved, all encroachment permits for outdoor dining areas shall be subject to review for renewal on an annual basis.
D.
Applications.
1.
Conditional use permit applications shall be submitted on the appropriate city form to the planning division in accordance with the provisions of Article XXV of this chapter. Where the applicant is not the owner of the lot upon which the outdoor dining is proposed, the application shall be signed by the property owner or designated representative;
2.
Encroachment permit applications shall be submitted on the appropriate city form to the engineering division by the person wishing to conduct the outdoor dining. Where the applicant is not the owner of the lot upon which the outdoor dining is proposed, the application shall be signed by the property owner or designated representative.
E.
Not Transferable. Conditional use permits and encroachment permits for outdoor dining areas shall not be transferred or assigned to any other person, premises, or business activity.
(Ord. 726 § 2 (Att. A))
§ 10.05.1930 Outdoor display of merchandise.
A.
Requirements.
1.
Outdoor displays of merchandise may occur only in conjunction with an approved indoor commercial business;
2.
An outdoor display of merchandise must be located on the same parcel as the indoor commercial business it advertises;
3.
All outdoor displays of merchandise located within any public right-of-way must be removed during all hours that the business is closed;
4.
No outdoor display of merchandise shall block or in any way impede vehicular access to, from, or within the parcel upon which it is located;
5.
No outdoor display of merchandise shall reduce the visibility of vehicles or pedestrians within any public right-of-way;
6.
No outdoor display of merchandise shall block or in any way impede minimum required pedestrian access to, from, or within any public right-of-way;
7.
No outdoor display of merchandise shall block or in any way impede minimum required emergency egress from the premises.
B.
Prohibited Activities. No outdoor display of merchandise shall function as a business activity separate from the business it advertises.
C.
Permits. A conditional use permit, approved by the city's planning commission, shall be required for all outdoor displays of merchandise. An encroachment permit, approved by the city's engineering division, shall be required for all outdoor displays of merchandise located either partially or wholly within a public right-of-way; provided, that a conditional use permit has first been approved. If approved, all encroachment permits for outdoor displays of merchandise shall be subject to review for renewal on an annual basis.
D.
Applications.
1.
Conditional use permit applications shall be submitted on the appropriate city form to the planning division in accordance with the provisions of Article XXV of this chapter. Where the applicant is not the owner of the lot upon which the outdoor display of merchandise is proposed, the application shall be signed by the property owner or designated representative;
2.
Encroachment permit applications shall be submitted on the appropriate city form to the engineering division by the person wishing to conduct the outdoor display of merchandise. Where the applicant is not the owner of the lot upon which the outdoor display of merchandise is proposed, the application shall be signed by the property owner or designated representative.
E.
Not Transferable. Conditional use permits and encroachment permits for outdoor displays of merchandise shall not be transferred or assigned to any other person, premises, or business activity.
(Ord. 726 § 2 (Att. A))