The provisions of this Chapter shall be known as the Home Occupation Regulations. The purpose of these regulations is to prescribe the conditions under which limited Nonresidential Activities may be conducted when incidental to Residential Activities. These regulations shall apply to all activities of a nonresidential nature which are incidental to Residential Activities when such Nonresidential Activities would not be allowed if they were not incidental to Residential Activities.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Prior planning code § 7300)

A.

A "home occupation" is an accessory activity of a nonresidential nature which is performed within a living unit, or within a garage or accessory structure attached or detached thereto and reserved for use by an occupant of the living unit; or, for Limited Agricultural Activities in an outdoor area on the same lot as a living unit by an occupant of the living unit and which is customarily incidental to the residential use of the living unit. A home occupation may include, but is not limited to, the handicraft or custom manufacture of products, Limited Agricultural Activities, the conduct of an art or profession, the offering of a service, or the conduct of a business, subject to the provisions of Sections 17.112.030, 17.112.040, and 17.112.050.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Prior planning code § 7301)

Editor's note— Ord. No. 13090, § 4(Exh. A), adopted October 4, 2011, changed the title of Section 17.112.020 from "Definition of home occupation" to "Definitions." The historical notation has been preserved for reference purposes.

The following activities shall not in any case qualify as home occupations:

A.

Introductory service;

B.

Teaching of organized classes totaling more than six (6) persons at a time;

C.

Accommodation of more than four (4) paying guests within a One-Family Dwelling Residential Facility, or of any number of paying guests within a living unit in any other type of Residential Facility;

D.

Operation of a beauty parlor with more than two (2) hair-drying machines;

E.

Maintenance of a construction contractor's storage or construction yard or garage;

F.

Care, treatment, or boarding of animals for profit;

G.

Agricultural Activities that include the use of mechanized farm equipment;

H.

On-site car and/or truck repair.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; prior planning code § 7302)

A.

Applicability. The home occupation regulations described below shall apply citywide.

B.

Location. A home occupation shall only be performed in the following locations:

1.

Within a living unit by a resident thereof;

2.

Within an attached or detached garage or accessory structure that is reserved for use by an occupant of a living unit; and

3.

For Limited Agricultural Activities only, in an outdoor area on the same lot as a living unit.

C.

Customers by Appointment. Professional and personal services shall only be provided by appointment except in rare and unusual circumstances. Regular walk-in clients are prohibited.

D.

Nonresident Employees. One nonresident employee is permitted. For the purpose of this Section, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation business. One "nonresident employee" does not include any sequential employee shifts with each shift staffed by a different employee, even if only one nonresident employee would be at the site at any one time. Only one nonresident employee is permitted per Residential Unit, even if more than one home occupation business operates at the subject unit.

E.

Articles Sold. Articles offered for sale shall be limited to those produced on the premises, except where the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, in which case all articles, except for samples, shall be received, stored, and sold directly to customers at off-premises locations.

F.

Exterior Appearance and Signs. There shall be no outside or window display of materials or products. No outside or window Sign shall advertise or otherwise identify the home occupation except for one Sign with a display surface of not more than one square foot on any face. Such Sign shall be nonmoving, and its illumination, if any, shall be indirect and nonflashing. There shall be no other exterior indication of the home occupation, and no impairment of the residential appearance of the facilities within which the home occupation is conducted. The historic character-defining features of the building shall be maintained in all home occupations.

G.

Vehicular Storage. No commercial or passenger vehicle carrying any Sign advertising or otherwise identifying the home occupation shall be parked on any portion of the lot where such Sign is visible at any lot line of the lot containing the home occupation.

H.

Traffic Generation. The home occupation shall not generate pedestrian or vehicular traffic substantially greater than that normally generated by Residential Activities in the surrounding area.

I.

Nuisances. The home occupation shall be so conducted as not to cause offensive or objectionable noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance which is perceptible by the average person at or beyond any lot line of the lot containing the home occupation.

J.

Hazards. Activities involving hazardous materials (such as fire, chemicals and/or more than three (3) machines) may require additional City permits, including but not limited to, a building permit for updated building facilities.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Prior planning code § 7303)

No home occupation shall be permitted unless the Director of City Planning certifies that it will conform to the home occupation regulations. For activities involving hazardous materials, the applicant shall submit a sufficient description of the business (including but not limited to, a site plan, floor plan, machinery used, materials, and materials storage) to allow for review by the Building Services Division and/or Fire Department.

The Director may fix a termination date upon a home occupation in order to affect a periodic review thereof. The Director's determination shall be subject to appeal pursuant to the Administrative Appeal Procedure in Chapter 17.132.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; prior planning code § 7304)

Editor's note— Ord. No. 13596, § 2(Exh. A), adopted June 2, 2020, repealed § 17.112.060, which pertained to special regulations for home occupation in the West Oakland Specific Plan Area and derived from Ord. No. 13251, adopted July 29, 2014; Ord. No. 13270, adopted November 18, 2014.