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Mountain View City Zoning Code

8 Home

Occupations

16.08.010 Intent and purpose.

(a) The purpose of this Article is to allow residents to provide limited occupational or professional services from their homes in the R-2 and R-3 Zone Districts. Such uses must be clearly incidental or secondary to the use of the dwelling for dwelling purposes and are subject to the regulations set forth in this Article.

(b) Other home occupations that cannot be conducted in conformance with this Article may be allowed upon approval of the Board of Adjustment and Appeals as provided in Section 16.10.130. (Ord. 2019-07-08 §1)

16.08.020 Employees.

A home occupation shall be conducted only by persons residing in the home. (Ord. 2019-07-08 §1)

16.08.030 Structure and space requirements.

(a) Entrance to the space devoted to the home occupation shall be from within the principal building.

(b) A home occupation shall not occupy more than one-fourth (1/4) of one (1) floor of the dwelling.

(c) A home occupation shall not require internal or external alteration or involve construction features or use of mechanical equipment not reasonable and customary to a residence. (Ord. 2019-07-08 §1)

16.08.040 Outside activity prohibited.

(a) A home occupation shall be conducted entirely within the principal building on the site (including the dwelling unit and any attached garage), but not within any detached structures such as garages or sheds.

(b) No evidence, activity or storage related to the home occupation shall be allowed outside, with the sole exception of child care as provided in Section 16.08.090.

(c) The home occupation shall not significantly increase traffic and shall not create a parking hazard.

(d) Deliveries shall be limited to one (1) delivery per day, only between the hours of 8:00 a.m. and 5:00 p.m., and only by vehicles weighing less than seven thousand (7,000) pounds gross vehicle weight and having not more than one (1) rear axle. (Ord. 2019-07-08 §1)

16.08.050 Compliance with applicable laws – No nuisance.

(a) No home occupation shall create a nuisance.

(b) No hazardous materials, as that term is defined in the current edition of the International Fire Code adopted by the Town, as amended, shall be used or stored in conjunction with a home occupation.

(c) It shall be the responsibility of the person conducting the home occupation to remain in compliance with all applicable federal, State and local laws and regulations.

(d) Home occupations shall not generate excessive or offensive noise, vibration, smoke, dust, odors, heat, glare or light noticeable or extending beyond that property boundary. (Ord. 2019-07-08 §1)

16.08.060 Sale of merchandise prohibited.

No home occupation shall include the sale of goods or merchandise, either wholesale or retail, at the residence in which the home occupation is conducted. (Ord. 2019-07-08 §1)

16.08.070 Permit required.

(a) A permit shall be required pursuant to Section 16.02.070 for all home occupations.

(b) The Town retains the right to deny a permit for any home occupation that is not specifically noted as not permitted in this Chapter, but that is found to be detrimental to the residential character of the Town or neighborhood. (Ord. 2019-07-08 §1)

16.08.080 Prohibited home occupations.

(a) No motor vehicle service, repair, maintenance, reconstruction, restoration, cleaning, sale or storage shall be conducted as a home occupation.

(b) No manufacturing, which is defined as the making or processing of items from raw materials with the use of machinery, shall be conducted as a home occupation. Manufacturing includes, but is not limited to, manufacturing of furniture, carpentry, welding or metalwork.

(c) Clinics, nursing and convalescent homes, barber shops, beauty parlors, tourist homes, animal hospitals and restaurants shall not be permitted as home occupations. (Ord. 2019-07-08 §1)

16.08.090 Child care.

(a) Child care conducted as a home occupation in the Town shall comply with all applicable State statutes and regulations.

(b) In no case shall child care for more than four (4) children be conducted as a home occupation.

(c) Each home in which child care is provided shall provide adequate on-site parking for the dropping off and picking up of children. (Ord. 2019-07-08 §1)

16.08.100 Other regulations.

Home occupations shall be conducted in compliance with all other applicable Town, State and federal laws and regulations. (Ord. 2019-07-08 §1)

16.08.010 Intent and purpose.

(a) The purpose of this Article is to allow residents to provide limited occupational or professional services from their homes in the R-2 and R-3 Zone Districts. Such uses must be clearly incidental or secondary to the use of the dwelling for dwelling purposes and are subject to the regulations set forth in this Article.

(b) Other home occupations that cannot be conducted in conformance with this Article may be allowed upon approval of the Board of Adjustment and Appeals as provided in Section 16.10.130. (Ord. 2019-07-08 §1)

16.08.020 Employees.

A home occupation shall be conducted only by persons residing in the home. (Ord. 2019-07-08 §1)

16.08.030 Structure and space requirements.

(a) Entrance to the space devoted to the home occupation shall be from within the principal building.

(b) A home occupation shall not occupy more than one-fourth (1/4) of one (1) floor of the dwelling.

(c) A home occupation shall not require internal or external alteration or involve construction features or use of mechanical equipment not reasonable and customary to a residence. (Ord. 2019-07-08 §1)

16.08.040 Outside activity prohibited.

(a) A home occupation shall be conducted entirely within the principal building on the site (including the dwelling unit and any attached garage), but not within any detached structures such as garages or sheds.

(b) No evidence, activity or storage related to the home occupation shall be allowed outside, with the sole exception of child care as provided in Section 16.08.090.

(c) The home occupation shall not significantly increase traffic and shall not create a parking hazard.

(d) Deliveries shall be limited to one (1) delivery per day, only between the hours of 8:00 a.m. and 5:00 p.m., and only by vehicles weighing less than seven thousand (7,000) pounds gross vehicle weight and having not more than one (1) rear axle. (Ord. 2019-07-08 §1)

16.08.050 Compliance with applicable laws – No nuisance.

(a) No home occupation shall create a nuisance.

(b) No hazardous materials, as that term is defined in the current edition of the International Fire Code adopted by the Town, as amended, shall be used or stored in conjunction with a home occupation.

(c) It shall be the responsibility of the person conducting the home occupation to remain in compliance with all applicable federal, State and local laws and regulations.

(d) Home occupations shall not generate excessive or offensive noise, vibration, smoke, dust, odors, heat, glare or light noticeable or extending beyond that property boundary. (Ord. 2019-07-08 §1)

16.08.060 Sale of merchandise prohibited.

No home occupation shall include the sale of goods or merchandise, either wholesale or retail, at the residence in which the home occupation is conducted. (Ord. 2019-07-08 §1)

16.08.070 Permit required.

(a) A permit shall be required pursuant to Section 16.02.070 for all home occupations.

(b) The Town retains the right to deny a permit for any home occupation that is not specifically noted as not permitted in this Chapter, but that is found to be detrimental to the residential character of the Town or neighborhood. (Ord. 2019-07-08 §1)

16.08.080 Prohibited home occupations.

(a) No motor vehicle service, repair, maintenance, reconstruction, restoration, cleaning, sale or storage shall be conducted as a home occupation.

(b) No manufacturing, which is defined as the making or processing of items from raw materials with the use of machinery, shall be conducted as a home occupation. Manufacturing includes, but is not limited to, manufacturing of furniture, carpentry, welding or metalwork.

(c) Clinics, nursing and convalescent homes, barber shops, beauty parlors, tourist homes, animal hospitals and restaurants shall not be permitted as home occupations. (Ord. 2019-07-08 §1)

16.08.090 Child care.

(a) Child care conducted as a home occupation in the Town shall comply with all applicable State statutes and regulations.

(b) In no case shall child care for more than four (4) children be conducted as a home occupation.

(c) Each home in which child care is provided shall provide adequate on-site parking for the dropping off and picking up of children. (Ord. 2019-07-08 §1)

16.08.100 Other regulations.

Home occupations shall be conducted in compliance with all other applicable Town, State and federal laws and regulations. (Ord. 2019-07-08 §1)