(A)   The city recognizes that an occupant of a residential property has a limited right to conduct non-obtrusive business from a residence, and that the average neighbor generally will prefer to have that business conducted in such a fashion that neighbors are unaware of its existence. This chapter is established to allow such home occupations to exist, provided the residential character of residential neighborhoods is maintained and further provided safeguards are established to prevent the use of home occupations from transforming the use of a residence into a commercial use or a residential neighborhood into a commercial one.

   (B)   Home occupations encourage and promote efforts to reduce traffic congestion and the generation of pollutants by allowing and recognizing changing work environments, including telecommuting and work-at-home options. Such businesses are allowed in the city subject to the regulations of this chapter.

(Ord. 1162, passed 6-19-06)

   (A)   An application for a home occupation permit may be initiated by any occupant of the residence. For

rental property, written authorization for the proposed use must be given by the property owner or the property owner's representative.

   (B)   An application must be filed pursuant to the provisions of Chapter 16.202 (Applications, Processing, Filing, and Fees) of this Title 16.

   (C)   A business license tax must be paid pursuant to Chapter 110 of the Municipal Code.

(Ord. 1162, passed 6-19-06)

   (A)   The establishment of a home occupation within any residential dwelling unit will be regulated by a one-time application and fee.

   (B)   An application for a home occupation permit must be submitted to the Planning Department on forms supplied by the Department. The applicant must provide information required by the application and any additional information requested by the Planning Department to assist in the review of the permit request.

   (C)   The application must be referred to the Planning Director or appointed designee for review and to determine compliance with the provisions of this chapter. The Planning Director or designee will have the authority to consult with other city departments regarding the proposed application. As part of the application review an inspection by the Building and Safety Department will be conducted.

   (D)   Within ten days of receiving a completed application, the Planning Director will act to approve, approve with conditions, or deny the application. Any decision of the Director may be appealed to the Planning Commission pursuant to Chapter 16.206 (Appeals and Revocations) of this Title 16.

   (E)   The dwelling in which the home occupation is being conducted shall be open for inspection to city personnel, at reasonable times during normal business hours, for the purpose of inspecting to determine whether or not the conditions of this section are being complied with.

(Ord. 1162, passed 6-19-06)

   The following uses, either by operation or nature, are not incidental to or compatible with residential activities and shall not be permitted as home occupations:

   (A)   Adult businesses including escort services, massage parlors and the making of adult movies.

   (B)   Animal boarding, breeding or grooming facilities.

   (C)   Automotive and other vehicle repair (body or mechanical) upholstery, painting or storage.

   (D)   Barber or beauty shop.

   (E)   Carpentry or cabinet making.

   (F)   Firearms/weapons dealerships.

   (G)   Retail sales.

   (H)   Welding or machine operation.

   (I)   Any other use, as determined by the Director not to be incidental to or compatible with residential activities.

(Ord. 1162, passed 6-19-06)

   The Planning Director or appointed designee will have the authority to impose conditions on a home occupation permit to ensure compliance with the intent of this Title 16, including compliance with the performance standards contained in § 16.230.060 below.

(Ord. 1162, passed 6-19-06)

   (A)   Home occupations are uses that do not interrupt or interfere with the general nature or residential character of the residential neighborhood in which they are located.

   (B)   All permitted home occupations must comply with the following performance standards:

      (1)   A home occupation business must be clearly incidental to the residential use of the property, and the dwelling unit must be the principal residence of the home occupation business owner.

      (2)   Home occupations cannot generate pedestrian or vehicular traffic beyond that considered normal within the surrounding residential district.

      (3)   A home occupation must be conducted within a dwelling unit, or within an approved accessory structure. Accessory buildings used for home occupations must comply with the provisions of this Code, cannot contain kitchen facilities, and may only be located within single-family residential zones.

      (4)   Not more than 25% of the existing square footage of a dwelling unit up to a maximum of 500 square feet may be used for the home occupation business.

      (5)   The operation of a home occupation cannot interfere with the maintenance of any required parking spaces, including spaces required to be provided within a garage.

      (6)   The appearance of the dwelling or accessory structure within which the home occupation is conducted cannot be altered (for example, but without limitation, by using color, materials, construction, lighting, signs, sounds, noises, vibrations, or equipment displays) to make it recognizable as serving a nonresidential use.

      (7)   The home occupation permit applicant and other persons who use the dwelling as their primary residence may be involved in the home occupation use. All residents involved in the home occupation use must be listed on the application. In addition, one nonresident employee or independent contractor, whether paid or not for their services, may be involved in the home occupation use on the property provided that there is only one such person on the premises between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Off-street parking must be available on the site for the nonresident employee. Home occupations conducted within an accessory structure on the site are limited to resident employees only.

      (8)   If the business employs other persons whose work activities are performed off the premises, such individuals are not allowed to gather or congregate on the premises in connection with a home occupation.

      (9)   The home occupation permit is valid only for the person to whom it is issued and is void when that person moves from the dwelling unit or discontinues or alters the business so that the information provided on the application is no longer valid. Property owner's are required to sign the home occupation permit application. Home occupation permits must be renewed every five years.

      (10)   A maximum of two home occupation permits may be issued for any residence. However, the limitations set forth in the performance standards are applied singularly not cumulatively.

      (11)   No direct retail or wholesale sales may be conducted on the premises of any home occupation.

      (12)   Up to four customers or visitors related to the home occupation are allowed daily, during the hours of 8:00 a.m. and 8:00 p.m., provided that the home occupation does not generate vehicle traffic beyond that considered characteristic of the surrounding residential district. Personal service uses involving the instruction or tutoring of an individual may be allowed subject to approval by the Planning Director, if the use is in keeping with the stated intent of the section and not determined to be potentially detrimental to the residential character of the neighborhood.

      (13)   Deliveries or pick-ups made by a courier or delivery service as part of the home occupation are limited to two a day.

      (14)   Only one vehicle with a capacity not exceeding three-quarter ton may be used directly or indirectly in connection with a home occupation. No commercial vehicles may be used as part of the home occupation. Off-street parking must be provided for any vehicle used in connection with the home occupation.

      (15)   No signs identifying or advertising the home occupation business may be posted on the property, on other nearby residential properties, or on the public right-of-way.

      (16)   No merchandise or products can be visible from outside the residence or accessory structure.

      (17)   No newspaper or other advertising is allowed which identifies the address of the residence as a place of business.

      (18)   Outdoor storage, display of merchandise, products, materials, supplies or operations are prohibited on the premises.

      (19)   Activities conducted and equipment or material used cannot change the fire safety or occupancy classification of the premises. The use cannot employ the storage of pesticides, explosives, flammable, or hazardous materials, or waste of any kind brought onto the property as part of the occupation.

      (20)   No use of utilities or community facilities is permitted beyond that normal to the use of the property for residential purposes.

      (21)   No refuse or trash can be generated in quantities or types not normally associated with residential uses.

      (22)   No equipment or process can be used that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the premises. In the case of electrical interference, no equipment or process can be used that creates visual or audible interference upon any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(Ord. 1162, passed 6-19-06; Am. Ord. 1192, passed 6-16-08)

   A permittee who violates any of the performance standards listed in § 16.230.050 above or any permit conditions may be subject to fines as established by resolution of the City Council and/or permit revocation pursuant to the provisions of Chapter 16.206 of this Title 16.

(Ord. 1162, passed 6-19-06)