Chapter 18.42
HOME OCCUPATION
Sections:
18.42.030 Home occupations permitted.
18.42.050 Uses subject to home occupation license tax.
18.42.010 Purpose.
It is the purpose of this chapter to:
A. Recognize that a residential property owner or resident has a limited right to conduct a nonobtrusive business from his or her residence, and that the average neighbor will generally prefer to have that business conducted in a fashion that he or she is unaware of its existence;
B. Maintain the residential character of residential neighborhoods;
C. Prevent the use of home occupations from transforming a residential neighborhood into a commercial one; and
D. Encourage and promote efforts to reduce traffic congestion and generation of pollutants by allowing and recognizing changing work environments including telecommuting and work-at-home options. (Ord. 700 § 2 (Exh. 1), 2012)
18.42.020 Definition.
“Home occupation” is defined as an accessory use or activity of a business nature such as is otherwise permitted in the C zone, conducted on residential property by the occupant(s) of the residence. A home occupation shall be clearly incidental and secondary to the primary residential use of the property and shall not change the residential character of such property or adversely affect the residential neighborhood within which it is located. The provisions of this chapter shall not be deemed to affect in any way any restrictions on home occupations otherwise lawfully imposed on any property including through the provisions of any declaration of covenants, conditions and restrictions. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)
18.42.030 Home occupations permitted.
Home occupations are permitted in the R-1 and R-M zones if such uses are established and at all times maintained consistent with the following criteria, and following approval of an application as provided in PVEMC 18.42.040 and payment of the applicable home occupation license tax.
A. The proposed use is permitted in the C zone.
B. Home occupation uses shall be incidental to the primary use of the structure as a residential use and shall not detract from the residential character of the neighborhood. No more than two hundred square feet of floor area may be used in connection with a home occupation or for storage purposes in connection with a home occupation.
C. The street address of the residence shall not be used for advertisements.
D. All respects of the home occupation shall be conducted entirely within an enclosed structure. Supplies, tools, equipment, goods, samples and other items relating to a home occupation shall not be stored or displayed outside or at any location within a structure where they will be visible to passing pedestrian or vehicular traffic.
E. Visitors, customers or deliveries shall not exceed that normally and reasonably occurring for a residence.
F. No signs associated with a home occupation will be permitted. There shall not be any exterior indication of the home occupation or variation from the residential character of the property.
G. There shall be no emission of noise, smoke, fumes, dust, gas, odor or glare from the property.
H. There shall be no use of any equipment which may cause radio or television interference or fluctuation in line voltage off the property.
I. There shall be no connection of utilities or any use of community facilities other than as customary for residential purposes.
J. The only employees of the home occupation permitted at the residential unit shall be the resident(s) of such unit or members of the resident’s immediate family.
K. There shall not be any process, procedure, substance, or chemical used which is hazardous to public health, safety, morals or welfare. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)
18.42.040 Procedure.
A. Home occupation applications shall be submitted to the finance director and signed by the applicant stating that the criteria in PVEMC 18.42.030 are met.
B. The finance director shall approve an application for a home occupation pursuant to PVEMC 18.42.030 if he finds that all of the criteria contained in PVEMC 18.42.030 are met.
C. The finance director shall notify the applicant and any other person who has requested notice thereof of the disposition of an application in a timely manner. An interested party may appeal a decision of the finance director under this section to the city council by filing a written appeal with the finance director within ten days after such decision and paying the fee established therefor.
D. Fees for a home occupation application and for an appeal of a determination thereon may be levied as provided for by this code and established by resolution of the city council. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)
18.42.050 Uses subject to home occupation license tax.
Home occupations are subject to home occupation license taxes in an amount as established by resolution of the city council. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)
18.42.060 Abatement of use.
Any violation of this chapter may be abated pursuant to the nuisance abatement procedures of Chapter 8.48 PVEMC. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)
18.42.070 Enforcement.
This chapter shall be enforced in accordance with the provisions of PVEMC 1.16.010. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 567 § 4, 1993)