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Waterford City Zoning Code

CHAPTER 17

53 HOME OCCUPATIONS

§ 17.53.010 Intent and purpose.

A. 
It is the intent of the following criteria to reduce the impact of a home occupation within areas zoned for RS uses to the degree that its effects on the neighborhood are nearly indistinguishable from normal and usual residential activity.
B. 
The purpose of establishing home occupation standards within the RS district of Waterford is to encourage the use of home office types of businesses where professional and technical specialists can work at home and, through the use of modern telecommunications technologies, telecommute to distant office or work centers or otherwise provide professional services within a home or living quarters that is not disruptive to the neighborhood within which it is located or create a nuisance.
(Ord. 2011-02 §1)

§ 17.53.020 Permit required-Application, issuance, expiration.

A. 
A home occupation shall be defined as an activity which is clearly incidental and secondary to the use of a dwelling for residential purposes.
B. 
A home occupation permit can only be issued by the planning director to a residence located within a residential (R) district and used for exclusive residential purposes. The residence must comply with all building code and public health and safety requirements of the city, county of Stanislaus and state of California as set forth in the uniform building, fire and other applicable codes.
C. 
An application for a home occupation permit shall contain information deemed necessary by the planning director to ensure satisfactory compliance with required conditions for issuance of the permit.
D. 
Home occupations shall be permitted only after a home occupation permit has been issued by the planning director and a business license secured from the city finance department. A home occupation which varies from the requirements and limitations of this section shall be required to obtain a conditional use permit from the planning commission.
E. 
The home occupation permit shall be valid for one year and shall be renewed by the applicant each year prior to expiration. The director shall renew the permit upon determining that the home occupation complies with required conditions.
F. 
In the event an enforcement action is sustained by the planning director, the permit shall not be renewed. In such cases a new permit shall be required. Subsequent applications for home occupation permit by the same applicant, who has been found in violation of conditions during the term of the past permit, shall be accompanied by triple the amount of fees previously required.
G. 
Any person not satisfied with the decision of the planning director may appeal the decision in writing to the planning commission by paying the required appeal fee and submitting in written form the basis for the appeal. Upon receipt of the appeal the planning director shall set the matter for hearing and give notice in the time and manner provided by law. In deciding such appeal, the planning commission shall consider evidence in the record, including the report of the director and information supplied by the appellant. The decision of the planning commission shall be rendered within forty-five days of the receipt of any such appeal.
(Ord. 2011-02 §1)

§ 17.53.030 Required conditions.

A. 
A home occupation shall not change the residential character of either the dwelling or the surrounding neighborhood.
B. 
A home occupation shall be conducted within a maximum of five hundred square feet or no more than fifty percent of the area within a single-family residence, and shall not be permitted in any required garage or parking area, accessory structure or within any yard space. Vehicles used in the performance of the home occupation can be parked within the required garage area.
C. 
A home occupation shall be operated and maintained only by the full-time residents of the dwelling in which such home occupation occurs.
D. 
No person, other than a resident of the dwelling shall be employed on-site, or report for work at the site, in the conduct of the home occupation. This prohibition applies also to independent contractors.
E. 
The area where the home occupation is conducted shall have direct access to the interior of the residence.
F. 
A home occupation shall not utilize mechanical or electrical equipment except that which is customary for purely domestic or hobby purposes.
G. 
No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke, or other particulate matter, odorous matter, heat, humidity, glare, electronic interference, or constitute a nuisance or safety hazard.
H. 
No wholesale, jobbing or retail business shall be permitted unless it is conducted entirely by mail and/or telephone. No article will be sold or offered for sale on the premises.
I. 
There shall be no outdoor storage of materials, supplies or equipment used to conduct a home occupation.
J. 
A home occupation shall not be permitted to generate vehicular traffic, pedestrian traffic and parking beyond that normal to the zoning district in which it is located.
K. 
Any vehicle used in conjunction with the home occupation and maintained, parked or stored at the residence where the home occupation is conducted, shall be of such a size that it can be parked within the garage of the residence and shall not be parked on the street at or near the residence.
L. 
No sign, nameplate, or any other form of advertising, including advertising on a vehicle larger than two square feet on either side of the vehicle, shall be displayed on the premises in connection with any home occupation including any advertising on a vehicle, trailer or similar piece of equipment associated with the home occupation or the operator of the business that is stored in such a manner that it is visible from a neighboring property or public right-of-way.
M. 
The address of the home occupation will not be advertised in any publication, not including business cards and letterheads.
N. 
In no event shall a home occupation be interpreted to include an animal hospital or kennel; vehicle repair and/or body shop; manufacturing, including cabinet or wood shops; barber shop, beauty shop or other personal service establishment; business, dance, or music school; campground or RV park; contractor's storage yard; medical, doctor or dentist office; fuel wood sales and/or processing; guest lodging; laundry; mortuary; outdoor sales or repair; private club; repair shop or service establishment; retail sales or on-site service business; restaurant or bar; video arcades or amusement centers.
O. 
A home occupation may include individual music instruction and swimming lessons, taught by the resident of the home, when no more than two students are on the premises at any one time and this service activity does not create any noise that disturbs adjacent residences.
P. 
A home occupation may include the growing of vegetables and green goods for sale at a farmer's market or in accordance with other provisions of the WMC.
Q. 
No use involving the storage, sale or use of any hazardous or explosive materials, beyond that normally found in a single-family residence, shall be allowed as a home occupation.
R. 
The planning director may arrange for annual review of any home occupation and may conduct an onsite inspection as part of this review.
(Ord. 2011-02 §1)