Chapter 17.18
HOME OCCUPATION PERMITS
Sections:
17.18.020 Home occupation permit application.
17.18.030 Operating standards.
17.18.060 Action by the city planner.
17.18.070 Appeal to the planning commission.
17.18.080 Action by the planning commission.
17.18.100 Revocation or modification of home occupation permit.
17.18.010 Purpose.
It is the intent of this chapter to allow for home occupations as long as their effects on residential neighborhoods are undetectable from normal and usual residential activity and that such activities are not detrimental to the residential character of the neighborhood in which they are located. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990).
17.18.020 Home occupation permit application.
A home occupation permit is required to engage in a home occupation. The permit shall be issued by the planning and development services director or designee who may establish reasonable conditions to mitigate potential adverse impacts. An application for such permit shall be in a form prescribed by and filed with the planning and development services department. The application shall be complete and appropriate fees paid at the time of filing. No business license shall be issued to the applicant by the finance department until the home occupation permit is approved and issued by the planning department. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990).
17.18.030 Operating standards.
A. Business License. The home occupation shall be conditionally approved until the applicant submits to the planning division evidence of a valid business license for the home occupation pursuant to Section 5.04.020. The applicant shall comply with this condition within five days after approval of the home occupation permit as herein provided for. Failure to do so will result in the automatic revocation or termination of the home occupation permit. Possession of a State Board of Equalization resale permit indicating an address in a residential district shall be deemed constructive notice of the existence of a business, thus subjecting it to home occupation permit regulations.
B. Employees. There shall be no employment of help. Permanent residents of the dwelling are the only persons permitted to engage or be employed in the home occupation at the residence. Workers shall not be allowed to physically report for activities such as dispatching or assignment to off-site locations. The occupant(s) of the dwelling may be engaged in the home occupation.
C. Equipment. There shall be no use of materials or mechanical equipment not recognized as being part of normal household or hobby uses which creates objectionable noise, dust, odor, vibration or other effects, which can be detected at the property line. The operation of the facility must comply with residential noise standards contained in Chapter 9.26, Prohibition of Unreasonably Loud and Unnecessary Noise, and the noise element of the city of Kerman general plan.
D. Client Visitation. The use shall not generate pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is located.
E. Deliveries. When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold directly to customers at an off-site premises location. It shall not involve the use of commercial vehicles weighing more than ten thousand pounds for delivery of materials to or from the premises in a manner different from normal residential usage, except by a private or government-operated mail service (FedEx, UPS, or USPS). Deliveries shall take place only between eight a.m. to six p.m. and shall not take place more than twice daily.
F. Outdoor Display and Storage. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district.
G. Parking. Existing garages that are required for off-site parking spaces shall not be modified or used to preclude the normal parking and storage of family vehicles. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business.
H. Signs and Advertising. It shall not involve the use of signs or structures other than those permitted in the district of which it is a part. Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on the premises.
I. Dwelling Appearance. The home occupation shall not alter the appearance of the dwelling unit or the conduct of the occupation within in order to conduct, operate or maintain the business either by color, materials or construction, lighting, signs, sounds, noises, or vibrations, which tend to diminish the residential character of the residence.
J. Allowable Area. The total area of the main residence structure used for the operation and conduct of the business shall not exceed two hundred fifty square feet or twenty-five percent of the total floor area of the residence, whichever is smaller. The home occupation shall be conducted within the main building. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor will be in open areas visible to the neighbors or public.
K. Rental Property. If the home occupation is to be conducted on rental property, property owner’s authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.
L. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utility services in amounts greater than normally provided for the residential use.
M. Nuisance. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibrations that can or may be considered a hazard or nuisance. The home occupation shall not generate quantities or types of refuse or trash not normally associated with residential use. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990).
17.18.040 Permitted uses.
The following types of home occupations shall be allowed in a residential district, such as, but not limited to:
A. Consultative professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods and/or products.
B. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere.
C. Farm management offices, where an agricultural operation on the premises requires such offices.
D. The giving of music lessons and similar occupations.
E. The home office of a salesman, when all sales are done by written order with no commodities or displays on the premises.
F. Drafting, designing and the like, using only the normal drafting equipment. (Ord. 09-04 §2(a)(Exh. A)(part), 2009).
17.18.050 Prohibited uses.
The following types of home occupations shall not be allowed in a residential district, such as, but not limited to:
A. Gun and/or ammunition sales;
B. Barber and beauty shops;
C. Businesses which involve the handling, training, breeding, raising or grooming of cats, dogs, or other animals on the premises;
D. Carpentry and cabinet making;
E. Medical and dental offices, clinics or laboratories;
F. Repair, fix-it or plumbing shops;
G. Storage of equipment, materials and other accessories to the construction or service trades;
H. Motor vehicles repair (body or mechanical), upholstery or painting;
I. Welding or machining;
J. Kennel or cattery; and
K. Other uses which in the opinion of the director of planning and development services conflicts with the purpose of this section. (Ord. 09-04 §2(a)(Exh. A)(part), 2009).
17.18.060 Action by the city planner.
A. The planning and development services director or designee shall review the home occupation application and approve, approve with conditions, or deny the permit pursuant to the criteria for home occupations specified in Section 17.18.030.
B. The planning and development services director or designee shall mail a notice to all property owners within one hundred feet of the property line advising them of the intent to grant a home occupation permit. The notice shall be sent at least five days prior to a final decision on the application.
C. The city planner shall prepare a home occupation agreement specifying the conditions of the home occupation permit. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990. Formerly 17.18.040).
17.18.070 Appeal to the planning commission.
The decision of the director of planning and development or designee may be appealed to the planning commission in accordance with the procedures specified in Chapter 17.22. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990. Formerly 17.18.050).
17.18.080 Action by the planning commission.
Upon an appeal of the decision of the director of planning and development or designee, the planning commission shall hold a public hearing. The commission shall review the application, and either affirm, deny or modify the director’s or designee’s decision. The decision of the commission shall be final. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990. Formerly 17.18.060).
17.18.090 Conditions.
The director or designee may add conditions to the home occupation in order to protect the public’s health, safety or welfare, or meet the intent of this title and the general plan. The director or designee is hereby authorized and directed to enforce the provisions of all administrative home occupation permits authorized by this section. Annual inspections may be made of each home occupation permit to ensure compliance with the regulations established by this chapter. In the event of complaints allegedly resulting from the conduct of a home occupation, the building official shall cause to be made an inspection to determine the validity of the complaint. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990. Formerly 17.18.070).
17.18.100 Revocation or modification of home occupation permit.
A home occupation permit may be revoked or modified in a manner specified in Chapter 17.24. (Ord. 09-04 §2(a)(Exh. A)(part), 2009: Ord. 90-02 §2(part), 1990. Formerly 17.18.080).