313-50
50.1 HOME OCCUPATION AND ADDRESSES OF CONVENIENCE
50.1.1 Purpose and Applicability. The purpose of these regulations is to permit limited nonresidential accessory activities to be performed within dwellings as home occupations clearly incidental and secondary to residential uses, provided that surrounding properties are protected from objectionable external effects resulting from such activities. These regulations shall apply in all zones and to all permitted commercial uses of a nonresidential nature which are subordinate to the residential use. An application for a Home Occupation Permit shall be accompanied by an application fee in the amount established by the Board of Supervisors. (Former Section CZ#A314-17(A))
50.1.2 Home Occupation Permitted. Home Occupations, as defined in this Code, shall be permitted, as appurtenant and accessory to any residential use, in any zone, subject to all applicable requirements of this section. (Former Section CZ#A314-17(B))
50.1.3 Home Occupation Requirements. All home occupations shall continuously meet all of the following standards except that with a Coastal Development Permit, the Hearing Officer may modify or waive requirements (1), (3), (4) and (5) as provided in the following subsections 50.1.3.1, 3.3, 3.4 and 3.5: (Former Section CZ#A314-17(C); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.1 Location. The home occupation may only be performed within a habitable room of a dwelling unit. It may not be performed in an open area; (Former Section CZ#A314-17(C)(1))
50.1.3.2 Floor Area. The home occupation use shall not occupy more than twenty-five (25) percent of the floor area of the dwelling unit in which it is located; (Former Section CZ#A314-17(C)(2))
50.1.3.3 Separate Access. There shall be no separate designated access or private entrance specifically intended for the portion of any dwelling used for a home occupation; (Former Section CZ#A314-17(C)(3))
50.1.3.4 Physical Alterations. No owner of any dwelling used for a home occupation shall make any internal alterations or extensions to such dwelling, or make structural, electrical, or plumbing alterations in any portion thereof if such alterations or extensions are not customarily found in similar dwellings. Waiver of this requirement may only be allowed if interior and exterior physical alterations retain the residential character of the structure; (Former Section CZ#A314-17(C)(4); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.5 Employees. No person other than residents of the dwelling unit may be employed in the conduct of the home occupation. Waiver of this requirement may be allowed, but in no case shall more than one person other than residents of the dwelling be employed in the conduct of the home occupation; (Former Section CZ#A314-17(C)(5); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.6 Articles Sold. Articles offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers in which case all articles, except for samples, shall be received, stored and sold directly to customers at off-premises locations; (Former Section CZ#A314-17(C)(6))
50.1.3.7 Exterior Display and Signs. There shall be no exterior or window display of materials or products. An exterior or window nameplate may advertise or otherwise identify the home occupation, provided that the display surface does not exceed two (2) square feet, the nameplate is non-moving, is attached to the dwelling unit, and has illumination, if any, which is indirect and non-flashing. There shall be no other exterior indication of the home occupation or impairment of the residential appearance of the facilities within which the home occupation is performed. (Former Section CZ#A314-17(C)(7))
50.1.3.8 Outside Storage. There shall be no storage of materials or supplies or products outside the dwelling unit; (Former Section CZ#A314-17(C)(8))
50.1.3.9 Vehicle Storage. No more than one (1) truck or other motor vehicle of no larger size than three-fourths (3/4) of a ton shall be permitted in conjunction with any home occupation; (Former Section CZ#A314-17(C)(9))
50.1.3.10 Mechanical Equipment. Mechanical equipment and supplies of a type customarily appurtenant to the occupation may be used so long as no external manifestations thereof are apparent; (Former Section CZ#A314-17(C)(10))
50.1.3.11 Nuisances. The home occupation shall be operated so that it does not generate noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance to a degree greater than that normal for the neighborhood; (Former Section CZ#A314-17(C)(11))
50.1.3.12 Traffic Generation. Pedestrian and vehicular traffic generated by the home occupation shall not be substantially greater than that normally generated by residential uses in the neighborhood in which it is located; and (Former Section CZ#A314-17(C)(12))
50.1.3.13 Additional Home Occupations. More than one (1) home occupation may be performed within a single dwelling unit provided that all other requirements of this section are met and a permit is secured for each home occupation. (Former Section CZ#A314-17(C)(13))
50.1.4 Exclusions. The following activities shall not in any case qualify as a “home occupation:” (Former Section CZ#A314-17(D)(13))
50.1.4.1Teaching of organized classes totaling more than six (6) persons at one time. (The total number is applicable to the aggregate of all home occupations in the dwelling if more than one (1) home occupation exists); (Former Section CZ#A314-17(D)(1))
50.1.4.2Bed and Breakfast Inns; (Former Section CZ#A314-17(D)(2))
50.1.4.3Care, treatment, boarding or breeding of animals for profit; (Former Section CZ#A314-17(D)(3))
50.1.4.4Operation of a barbershop; (Former Section CZ#A314-17(D)(4))
50.1.4.5Operation of food handling, processing or packing; (Former Section CZ#A314-17(D)(5))
50.1.4.6Operation of an eating or drinking establishment or licensed premises; (Former Section CZ#A314-17(D)(6))
50.1.4.7Operation of an antique shop or similar retail use; (Former Section CZ#A314-17(D)(7))
50.1.4.8Operation of hospitals or sanitariums; (Former Section CZ#A314-17(D)(8))
50.1.4.9Auto or other motor vehicle repair shop, junk or secondhand merchandise yard storage. (Former Section CZ#A314-17(D)(9))
50.1.5 Address of Convenience. An address of convenience, as defined by this Code, is a type of home occupation which, due to the low potential for significant impacts on the neighborhood, may be approved without the analysis and review required for other home occupations. (Former Section CZ#A314-17(E); Added by Ord. 1848, Sec. 16, 9/13/88)
50.1.6 Revocation. In the event of a failure to comply with these home occupation regulations, the Hearing Officer may after notice revoke approval of a home occupation. Such revocation shall follow the revocation procedures in Chapter 2, Section 312-14. In any case, a permit for a home occupation shall expire at the same time a business license issued therefor expires, unless such business license is renewed within thirty (30) days after such expiration. (Former Section CZ#A314-17(F))