Chapter 17.94 HOME OCCUPATIONS

Chapter 17.94
HOME OCCUPATIONS

Sections:

17.94.010 Purpose and intent. Revised 4/16

17.94.010 Purpose and intent.

The purpose of a home occupation permit is to ensure that businesses allowed to be conducted from a home can be done so in a manner without changing the residential character of the neighborhood, subject to the regulations listed in Section 17.94.020. (Ord. 2015-04 § 4 (part))

17.94.020 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 in Section 113758 of Health and Safety Code.

A use which is clearly incidental and secondary to the residential use of the dwelling may be conditionally approved by the zoning administrator, provided that:

A. No more than one home occupation shall be permitted in any dwelling unit.

B. Only the residents of the dwelling may be employed by the home occupation, except as allowed for a cottage food operation.

C. No more than fifteen (15) percent of the dwelling’s gross floor area, to a maximum of four hundred (400) square feet, may be used in connection with the home occupation.

D. No required parking shall be made unusable in connection with a home occupation.

E. No mechanical or power-driven equipment other than that customarily used in dwellings shall be used in connection with a home occupation.

F. No sign for the home occupation shall be displayed on the house or property.

G. The home occupation may not create vehicular or pedestrian traffic above and beyond that normally generated by residential use of the dwelling unit. For the purposes of determining compliance with this regulation, a home occupation may have no more than an average of four customers and/or deliveries to the residence per day, not to exceed a maximum of six customers and/or deliveries to the residence on any one day.

H. There shall be no visible exterior evidence of the conduct of a home occupation. A home occupation must be conducted wholly within the dwelling unit or an accessory structure.

I. Hours of operation where customers come to a home shall be conducted between the hours of eight a.m. and six p.m. Monday through Saturday. No customers shall come to a home on Sunday.

J. Cottage food operations shall obtain an annual registration or permit to operate through Yolo County Health Services prior to commencing operations. Yolo County Health Services shall review for compliance with the provisions of state law related to a cottage food operation as described below and subject to periodic amendment by the state:

1. A “Class A” cottage food operation is one that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venue.

2. A “Class B” food operation is one that may engage in both direct and indirect sales of cottage food products from the cottage food operation, from direct sales venues, from off-site events, or from a third-party retail food facility described in the paragraphs below.

K. The following uses are not permitted as home occupations:

1. Those which entail repair, manufacturing, or processing. However, this shall not include handicraft, millinery, and laundering;

2. Those which entail the harboring, training, or raising of dogs, cats, birds, or other animals;

3. Those which entail automobile, body and fender repairing or painting;

4. Any use which is hazardous to the public health, safety and welfare or which may create objectionable noise or odors. (Ord. 2015-04 § 4 (part))

17.94.030 Administration.

A. Home Occupation Permit Required. No person shall operate a home occupation business, as defined in Chapter 5.04, Business Licenses, without first having a home occupation permit.

B. Application. An applicant for a home occupation permit shall submit a completed application form, processing fee (as applicable) and any other information required by the community development director.

C. Reviewing Body. Home occupation permits shall be reviewed by the zoning administrator subject to the provisions in Section 17.12.030(D)(2). (Ord. 2015-04 § 4 (part))

17.94.040 Exceptions.

The city recognizes that special circumstances may exist which warrant granting a possible exception to some of the regulations. Exceptions to any of the regulations shall be considered by the planning commission at a noticed public hearing in accord with Section 17.16.040(C). In considering a request for an exception the planning commission shall weigh the special circumstances against the potential impact to health, safety and welfare of the public. The following are exceptions the planning commission may consider:

A. Allowing more customers to come to the home than permitted in Section 17.94.020(G) if the business complies with all other regulations in this chapter.

B. Allowing a small semi-trailer, typically one used for hauling equipment or landscaping materials, to be kept on the site if it can be kept in a place where it is not visible from the street, such as behind a solid fence, and the business complies with all of the other regulations.

In granting an exception, the planning commission shall make the following findings:

1. The business cannot easily be conducted where customers do not come to the home.

2. The business can be conducted in such a manner as not to adversely impact parking.

3. The business will not adversely impact the neighborhood.

C. Allowing more than one home occupation in any dwelling unit. (Ord. 2015-04 § 4 (part))