Chapter 18.30
HOME OCCUPATIONS
Sections:
18.30.050 Application procedure and fee.
18.30.070 Revocation and review.
18.30.010 Purposes.
The provisions of DMC 18.30.010 through 18.30.090, inclusive, shall be known as the home occupation regulations. The purpose of the home occupation regulations is to permit the conduct of a business in the residential districts and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities. A “home occupation” is defined as a business conducted as an accessory activity within a living unit, which uses a residential address and does not need a commercial address, which primarily involves the use of the home address and telephone for business contacts, and which may be conducted within a residential dwelling without in any way changing the appearance or conditions of the residence and neighborhood, subject to the conditions of DMC 18.30.010 through 18.30.090. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.020 Regulations.
Home occupations in R or A districts, or in any structure with residential use as its primary use, shall comply with the following regulations. Any of the following regulations, including but not limited to those related to direct sales from a home and permitted employees, which conflict with at-home cottage food operations permitted under California Assembly Bill 1616, passed in 2012, and the amendments to Health and Safety Code provisions and regulations and Government Code provisions made by such legislation, shall not be enforced by the City when processing and issuing a permit under this chapter for legal at-home cottage food operations with a permit from the County Department of Environmental Health:
A. No dwelling used for a home occupation shall be allowed any internal or external alterations or construction features in any portion thereof which are not normally found in similar dwellings, and the existence of the home occupation shall not be apparent beyond the boundaries of the site.
B. A home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling.
C. Only individuals living in the residence may be working at the home business. Additional individuals may be associated with or employed by the home business only if they do not report to work at the home.
D. A home occupation shall not occupy more than twenty-five percent (25%) of the total area of the structure including the garage.
E. Except in an “A” district, a home occupation shall not be conducted in an accessory structure.
F. There shall be no stock in trade other than products manufactured on the premises. No materials, equipment or supplies associated with the business may be stored on site, except a small quantity of samples and/or equipment which may normally be used at a residence. Such accessory equipment may not be located in an accessory structure or outside the residence. Any supplies, other than small quantities, intended for sale must be received, stored, and sold to customers at off-premises locations.
G. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.
H. No odor or gaseous, liquid or solid waste shall be emitted.
I. Not more than one (1) truck of not more than three-quarter (0.75) ton capacity and no semi-trailers incidental to a home occupation shall be kept on the site.
J. A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district. An example of acceptable traffic would be a parcel post delivery. No direct retail sales transaction or display may occur at the residence.
K. A home occupation shall not be permitted to occupy a garage, unless adequate off-street parking spaces are provided in accordance with Chapter 18.27 DMC.
L. No signs of any kind shall be allowed.
M. Flammable or explosive chemicals, devices or processes shall not be allowed without written approval of the Dixon Fire Department.
N. Activities and/or materials associated with the proposed home occupation shall not be visible from the street or adjacent properties.
O. No portion of any dwelling shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use.
P. The home occupation must be conducted within a residential dwelling without in any way changing the appearance or conditions of the residence and neighborhood. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.030 Exceptions.
It is the City’s intent that all the regulations listed in DMC 18.30.020 be observed to the maximum extent feasible. The City recognizes special circumstances may exist which warrant evaluation for a possible exception to the strict application of some of the regulations. The City Planning Commission in considering a request for an exception to any regulation will weigh the special circumstances against the potential impacts of the exception on the health, safety and welfare of the public.
A. Exceptions to Regulations.
1. Allowing customers to come to the home where the business is conducted if the business complies with all of the other regulations and if it is determined, subject to conditions, that having customers come to the home will not adversely impact the neighborhood.
2. Allowing a semi-trailer to be kept on the site if the business complies with all of the other regulations and will not adversely impact the neighborhood.
B. In granting an exception, the City Planning Commission shall make specific findings consistent with its consideration of these and other circumstances relating to the application:
1. The business cannot be easily conducted where customers do not come to the home.
2. The business can be conducted in such a manner as to not adversely impact parking.
3. Having a semi-trailer if the trailer can be kept on the site where it is not visible from the street. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.040 Permit required.
All home occupations shall require an administrative permit approved by the Community Development Director. Approval may be given when the Community Development Director finds that home occupation regulations and standards have and/or will be met. A home occupation permit is not transferable to any person or location other than those specifically listed on the permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.050 Application procedure and fee.
A. Application for a home occupation permit shall be made to the Community Development Department and the following data shall be provided at a minimum:
1. Name and address of the applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
3. Address or description of the property.
4. Statement of the precise nature of the home occupation, together with sufficient information to indicate whether the home occupation will comply with the regulations prescribed in DMC 18.30.020.
B. The application shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of handling the application as prescribed in this section. Staff shall notify the City Council and City Planning Commission and all property owners within three hundred (300) feet of the site on the same street as the proposed home occupation, and within one hundred (100) feet of the site on other streets. Property owners have fifteen (15) days to respond to said notice.
C. Any objections to the proposed home occupation may be considered in the decision to approve or deny the request. The Community Development Director has the authority to impose conditions upon the home occupation to ensure compliance with the home occupation regulations, or to deny portions or all of the proposed activities. The decision of the Community Development Director shall be final unless an appeal is filed within fifteen (15) days of the decision. Such appeal shall be heard in the manner prescribed in Chapter 18.40 DMC. The Community Development Director may, at his/her discretion, refer a home occupation permit to the Planning Commission for a decision.
D. In cases where a home occupation is discovered to be operating illegally without a proper home occupation permit, the applicant shall be required to submit additional application fees, in an amount equal to twice the amount of the normal home occupation permit application fee.
E. A City business license shall be obtained concurrent with the issuance of a home occupation permit.
F. Home occupational permit shall only remain valid concurrently with a valid City business license for the specific home occupation at the site. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.060 Time limit.
All home occupations shall be valid for a period of one (1) year from initial date of approval. Renewal is subject to Community Development Director approval, and requires submittal of an annual renewal fee as defined in a resolution adopted by the City Council. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.070 Revocation and review.
A. The City Planning Commission may void any home occupation permit for noncompliance with the criteria set forth in DMC 18.30.020 after holding a public hearing on such proposed revocation.
B. Any permit shall be subject to immediate review by the City Planning Commission upon the receipt of a written complaint. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.080 Reapplication.
Following the denial or revocation of a home occupation permit application, no application for the same or substantially the same home occupation on the same site shall be filed within one (1) year of the date of denial or revocation of the permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.30.090 Exclusions.
The following activities and like uses shall not in any case qualify as a home occupation:
A. Teaching of organized classes totaling more than six (6) persons at one (1) time.
B. Care, treatment or boarding of animals for profit.
C. Operating a barber shop or beauty parlor, or other similar personal care occupations.
D. Operation of food handling, processing or packing, except as permitted by State law.
E. Auto or other motor vehicle repair, junk or secondhand merchandise storage/sale.
F. Doctors, dentists, chiropractors, osteopaths, and other similar professions.
G. Laundries.
H. Sexually oriented adult business.
I. Cabinetry, large appliance repair (i.e., refrigerators, stoves, HVACs) conducted on site.
J. Sale, transfer, lease, or advertising of firearms, munitions, explosives, or other destructive devices. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]