Chapter 18.70
HOME OCCUPATIONS
Sections:
18.70.040 Home office exemption.
18.70.050 Home occupation permit required.
18.70.060 Adjacent property owner notification and comment period.
18.70.080 Suspension of permit.
18.70.100 Cottage food operation.
18.70.110 Resource-based uses.
18.70.120 Expanded home occupation.
18.70.010 Purpose.
The purpose of this chapter is to provide opportunity for home-based businesses that are compatible with residential use of property in a manner that does not alter the character of the neighborhood or create adverse impacts to the surrounding area. (Ord. 723 § 2(1), 2017)
18.70.020 Applicability.
A home occupation may be located in any zone that allows residential use; provided, that the home occupation complies with all the requirements of this section. (Ord. 723 § 2(2), 2017)
18.70.030 Prohibited uses.
The following uses are not considered consistent with the purpose of this section and are expressly not allowed as home occupations:
A. The repair and maintenance of automobiles, motorcycles, off-road vehicles, snowmobiles, trucks, trailers, recreational vehicles, or similar vehicles including but not limited to drive train, engine, body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of equipment.
B. Uses that require use of reportable and regulated quantities of hazardous and/or combustible materials.
C. Uses that require use of explosives.
D. Dismantling, junk, scrap, or storage yards.
E. Adult oriented businesses.
F. Other uses that the community development director determines to be similar in impact to the prohibited uses listed above. (Ord. 723 § 2(3), 2017)
18.70.040 Home office exemption.
A home office which meets the requirements described herein is exempt from the requirements for a home occupation permit.
A. A home office shall be limited to the use of a home computer, phone, desk, and related office equipment.
B. A home office shall not involve client/customer visits or employees.
C. Deliveries shall be no more than what is typical of a residential use. (Ord. 723 § 2(4), 2017)
18.70.050 Home occupation permit required.
A home occupation permit is required to be obtained from the Alpine County community development department prior to the establishment of such use. An application for a home occupation permit shall be submitted to the community development department together with full payment of the application fee as determined by resolution of the board of supervisors. The home occupation shall comply with all of the standards in this section, except for specific exemptions or exceptions that are described in this section. (Ord. 723 § 2(5), 2017)
18.70.060 Adjacent property owner notification and comment period.
Upon a determination by the community development department that the home occupation permit application is in compliance with all of the requirements of this section, the community development department shall provide notice of such by regular mail to the applicant and to all property owners shown on the latest equalized assessment rolls as owning real property within three hundred feet of the property where the home occupation is located. Notices shall contain the applicant’s name and mailing address, street address of the home occupation, description of the home occupation use and all of the restrictions and terms of the permit for such use. The notice shall clearly state that written comments are being accepted with regard to whether or not the proposed use is in compliance with all of the requirements of this section and that written comments must be received within ten days of the date of mailing the notice in order to be considered in the decision to issue the permit. (Ord. 723 § 2(6), 2017)
18.70.070 Issuance of permit.
Upon completion of the adjacent property owner notification and comment period, the home occupation permit shall be issued by the community development director upon his/her determination that the application complies with all of the requirements of this chapter. The home occupation permit is issued to the applicant as stated on the permit application, is not transferable and does not run with the land. (Ord. 723 § 2(7), 2017)
18.70.080 Suspension of permit.
The community development director may suspend the approval of a home occupation permit if any of the following applies:
A. The home occupation is not operated in compliance with the requirements of this section or any other requirements specified in the home occupation permit issued by the community development department;
B. The home occupation does not commence within one year of approval; or
C. The home occupation ceases for a period greater than one year. (Ord. 723 § 2(8), 2017)
18.70.090 Standards.
A. Relationship to Residential Use. The home occupation shall be clearly secondary and incidental to the residential use of the property.
B. Location. The home occupation shall be confined completely within the dwelling unit, attached garage, detached garage or accessory structures located on the same lot as the dwelling. Use of outdoor space for the home occupation is not allowed.
C. Size. The total area devoted to the home occupation use shall not exceed the lesser of twenty-five percent of the gross floor area of the primary residential dwelling unit located on the property or eight hundred square feet. A single parking space required for any nonresident employee shall not be counted against the size limitation.
D. Employees. Employees of a home occupation shall be limited to the persons permanently residing in the dwelling unit located on the same property as the home occupation plus one additional nonresident employee. Parking area for the nonresident employee shall be located within the property and not on the public street.
E. Traffic Generation and Parking. The home occupation shall not generate pedestrian or vehicular traffic, or parking needs in excess of what is considered reasonable for the neighborhood in which it is located. Customer/client visits and deliveries shall be limited to the hours of eight a.m. to six p.m.
F. Operational Standards. Operation of the home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances beyond the property border in excess of what is considered reasonable to occur on a residential property.
G. Signs. One single, nonilluminated wall-mounted sign of not more than six square feet in area is permitted.
H. Utilities. Utility services required for the home occupation shall not exceed what is considered reasonable for residential use of property.
I. Compliance with Other Codes, Laws and Regulations. The home occupation use shall be conducted in compliance with other applicable codes, laws and regulations including, but not limited to, all applicable provisions of the Alpine County Code.
J. Multiple Home Occupations. More than one home occupation may be allowed on a single lot, provided the entirety of the home occupation uses comply with this section. More specifically, the total area of the combined home occupations on a single lot shall not exceed the applicable area limit described in this section. (Ord. 723 § 2(9), 2017)
18.70.100 Cottage food operation.
A cottage food operation pursuant to the California Health and Safety Code is allowed as a home occupation provided the operation complies with all of the requirements of this chapter and the following:
A. The cottage food operator resides on the property.
B. The cottage food products include only those products identified on the list of approved cottage food categories established and maintained by the California Department of Public Health.
C. Cottage food products are registered or permitted by the Alpine County Health Department for sale to a consumer or third-party retailer. (Ord. 723 § 2(10), 2017)
18.70.110 Resource-based uses.
Home occupations that are related to mineral, agriculture or forestry resources that are located on parcels of five acres or larger are allowed provided the operation complies with all of the requirements of this section, and the following:
A. Area. Maximum of two thousand square feet within a structure or structures.
B. Outdoor Garden and Plant Growing Areas. Outdoor garden and plant growing areas that are part of a resource-based home occupation use may occupy up to twenty-five percent of the area of the lot on which they are located. Outdoor garden and plant growing areas are not considered to be outdoor storage and are not required to be screened.
C. Outdoor Storage. Outdoor storage area not to exceed two thousand square feet provided the entire storage area is completely screened from the public street(s) immediately adjacent to the property and from adjacent properties. Screening may consist of any combination of fencing, natural vegetation, location within the property, natural topography and landscaping.
D. Setbacks. Any building or outdoor storage area used for the home occupation shall be set back at least fifty feet from all property lines.
E. Employees. Employees of a resource-based home occupation shall be limited to the persons permanently residing in the dwelling unit located on the same property as the home occupation plus three additional nonresident employees. Parking area for the nonresident employees shall be located within the property and not on the public street. (Ord. 723 § 2(11), 2017)
18.70.120 Expanded home occupation.
An expanded home occupation requires approval of a conditional use permit by the Planning commission pursuant to Chapter 18.76 of this code. An expanded home occupation may allow for exceptions from the standards in this chapter. A prohibited use as described in this section is not allowed under an expanded home occupation. Approval of a conditional use permit for an expanded home occupation may be granted by the planning commission upon the commission making the findings for a conditional use permit listed in Section 18.76.015 and the following additional findings:
A. The expanded home occupation is clearly customary, secondary and incidental to the residential use of the property.
B. The expanded home occupation is compatible with residential use of property.
C. The expanded home occupation will be operated in a manner that does not alter the character of the neighborhood or create adverse impacts to the surrounding area. (Ord. 723 § 2(12), 2017)