Chapter 5.30
HOME OCCUPATIONS
Sections:
5.30.010 Home occupations.
A. Purpose. The purpose of this section is to establish permit requirements for those persons intending to conduct a home occupation and to establish standards for such use. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.
B. Responsibility for Review and Approval of the Home Occupation Permit. A person or persons conducting or intending to conduct a home occupation shall apply for a home occupation permit with their business license application in accordance with the procedure set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the city. When the city has determined that a person or persons are required to obtain a home occupation permit for an existing home occupation for which no home occupation permit has previously been issued, all such activity relating to the existing home occupation must cease until such time as a valid home occupation permit is issued.
C. The following rules shall apply to each home occupation:
1. All businesses in the city that do not have a commercial storefront, office, commercial or industrial location are then considered to be home-based businesses, even if the sales or services are performed outside the residence, therefore requiring a home occupation permit.
2. The use of the dwelling for the home occupation must be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. Outdoor storage and/or display of products, material or supplies is prohibited. Incidental storage is allowed in a garage, but it must not interfere with the parking of vehicles, which is the primary purpose of the garage. The city has the right to inspect the garage to verify compliance.
4. No home occupation shall be conducted in any garage, carport, side yard, backyard or accessory building or structure.
5. There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered, including but not limited to handmade arts, crafts, cottage food products, etc.
6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and the home occupation shall not increase parking demands on the street on which the residential unit is located.
7. No more than one motor vehicle used by the home occupation is to be parked at the residence at one time. No more than one customer vehicle is to be parked at the residence at any one time. The term “at the residence” includes both on-street and off-street parking. The one allowed motor vehicle that may be used by the home occupation must not exceed 230 inches in length and 80 inches in width. All full-size sedans, full-size two-door pickup trucks and most passenger vans qualify.
8. Dual-wheel trucks, taxis, limousines, commercial trucks and trailers of any size or appearance, whether owned by the business or by customers, are prohibited from parking at the home occupation. Parcel delivery trucks accepted.
9. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. Noise level at the property line must not exceed 65 dbA and must not be detectable by the five senses at the property lines. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television, computer, telephone, fax machine or other receiving devices or electronic or electrical equipment off the premises, or causes fluctuations in line voltage off the premises. The limits in the noise control chapter of the Escalon Municipal Code apply to all home occupations.
10. No employees other than residents of the household hosting the home occupation shall be associated with the home occupation. If the home occupation is a partnership or corporation, at least one of the owners must reside at the residence. Nonresident workers or partners are not allowed to work, or report for work, at the subject residence.
11. The nature or type of occupation for which a home occupation permit may be granted shall be listed on such permit.
12. Advertising of the home occupation is prohibited. The advertising prohibition applies to on-premises signs and media advertisement that identifies the location/address of the home occupation.
D. The following uses shall not be permitted to be home occupations:
1. Medical, therapy or chiropractic clinics;
2. Barber or beauty shops;
3. Pet grooming;
4. Real estate offices;
5. Photographic studio except limited developing for sale elsewhere;
6. Music lessons for classes of four or more;
7. T.V., audio or appliance repair;
8. Cabinet shop, furniture manufacturer or upholstery repair;
9. Any automotive repair or maintenance or other automotive services;
10. Bicycle, lawn mower, small engine or tool repair or maintenance;
11. Welding;
12. Adult entertainment facility/business;
13. Psychic readings, palm readings, or similar uses as determined by the city planner;
14. Child day care for more than 12 children.
E. The following types of businesses shall be considered exempt from the application fee, if they remain clearly incidental and normally associated with uses permitted in residential areas:
1. One-on-one lessons (art, dance, music, swimming, tutoring, etc.);
2. Babysitting (including family day care of eight or more children);
3. Independent/direct sales associates;
4. Landlords and/or property owners;
5. Sales representatives;
6. Basic alterations/sewing;
7. Simple handicraft making.
8. These exemptions may be revoked at any time when activities at a location meet home occupation regulations. (Ord. 585 § 2.2 (Exh. A), 2020)