Tulare City Zoning Code

   The provisions of this chapter provide for the conduct of home occupations inside a residence that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling.

(Ord. 2025-01, passed 1-7-2025)

   Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 10.70.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones and are prohibited as home occupations:

      (1)   Barbershop, hair salon, nail care, massage therapy, or day spa.

      (2)   Commercial photography studio.

      (3)   Organized instruction or school of music or dance.

      (4)   Fortune telling.

      (5)   Kennel or animal boarding.

      (6)   Laboratory, general or medical.

      (7)   Mini-warehouse or self-storage facility.

      (8)   Motor vehicle repair or service, minor or major.

      (9)   Office; medical, dental, or optometry.

      (10)   Pet grooming.

      (11)   Repair shop, large appliance or equipment.

      (12)   Specialty construction or trade service where construction activities take place at the site.

      (13)   Tattooing or body art.

      (14)   Any other use determined by the Director to be not incidental nor compatible with residential activities.

   (B)   A home occupation permit may be denied if the Director finds that land use proposed for a home occupation is listed in this section, or that the land use is not incidental nor compatible with residential activities.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A home occupation shall comply with all of the following operating standards:

      (1)   A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way.

      (2)   There shall be no window displays or show window identifying the home occupation.

      (3)   There shall be no signs other than those allowed by Chapter 10.56.

      (4)   There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.

      (5)   The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.

      (6)   Only one vehicle no larger than a three-quarter-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

      (7)   The home occupation shall not encroach into any required parking, setback, or open space areas.

      (8)   There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.

      (9)   Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

      (10)   Utility consumption shall not exceed normal residential usage.

      (11)   The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.

      (12)   Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.

      (13)   The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

      (14)   No home occupation shall commence until a current business license is obtained, pursuant to this title.

      (15)   No more than one home occupation shall be located within a dwelling unit at one time.

      (16)   If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

      (17)   No space shall be rented out to others in association with a home occupation.

      (18)   A home occupation that is a cottage food operation shall meet the requirements of Chapter 10.78.

   (B)   The Director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.

   (C)   A home occupation permit may be denied if the Director finds that there is a failure or inability to meet one or more of the operating standards of this section.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Home occupations may be processed as an administrative matter by the Director, or his/her designee. Following a review of a home occupation application, the Director shall take action on the home occupation. The Director can approve subject to the conditions listed in § 10.78.040, or deny the home occupation permit. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the decision.

   (B)   The Director's decision shall be final unless appealed to the Planning Commission consistent with the procedures in § 10.70.200.

   (C)   Approval of a home occupation permit will entitle the applicant to secure a city business license for the use for which the permit was issued.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Notwithstanding § 10.70.210, if property ownership changes on property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.

   (B)   If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.

(Ord. 2025-01, passed 1-7-2025)

   A home occupation permit may be revoked, terminated, or modified in accordance with § 10.70.230 if any one of the following findings are made:

   (A)   The home occupation has become detrimental to the public health, safety, or traffic, or constitutes a nuisance.

   (B)   The home occupation permit was obtained by misrepresentation or fraud.

   (C)   The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title.

   (D)   One or more of the operating standards of the home occupation permit have not been met.

   (E)   The home occupation violates federal, state, or local statute, ordinance, law, or regulation.

   (F)   The home occupation has ceased for a period of six months.

   (G)   The applicant who secured the permit has moved from the residence for which the permit was issued.

(Ord. 2025-01, passed 1-7-2025)