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112-11 - Home Occupation Ordinance.pdfCHAPTER 19.120: HOME OCCUPATIONS Section 19.120.010 Purpose. 19.120.020 General requirements. 19.120.030 Standards. 19.120.040 Interpretation of standards. 19.120.050 Excluded occupations. 19.120.060 Nonconforming uses. 19.120.010 Purpose. A. The purpose of this chapter is to permit and regulate the conduct of home occupations as an accessory use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to use their homes as a workplace and a source of livelihood under certain conditions. B. The City acknowledges that changes in technology and composition of the work force, among other factors, have contributed to a growing interest on the part of Cupertino citizens to live and work in their homes. The City also finds that home business enterprises can help reduce commuter-traffic impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to test creative business ventures with greatly reduced startup costs. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.120.020 General Requirements. A. Home occupations conducted in accordance with the provisions of this chapter shall be permitted in residential zones, and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof; and provided that such occupation is not detrimental to the health, safety, public welfare and property values in the neighborhood. B. Authorization to establish a home occupation shall be evidenced by payment of a business tax and the issuance of a City of Cupertino business license tax certificate. All home occupations shall be subject to all provisions of the Cupertino Municipal Code regulating the issuance of business licenses. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.120.030 Standards. The requirements set out in Table 19.120.030 must be met at the establishment of the home occupation, and maintained on a continuing basis during operation of the business activity. Table 19.120.030: Standards Topic Regulatory Intent Specific Standard Location Prevent intrusion of light, noise and unsightly conditions from disturbing neighbors -Confine home occupation to main dwelling or accessory building-Garage area may be used if the minimum required number of vehicles can be parked inside during non-business hours. Home occupation activity within garage areas is limited to the hours of 8:00 a.m. to 8:00 p.m.-Rear and side yards may be used for horticulture; no storage-Front yards, driveways may not be used for home occupation purposes Appearance Maintain visual character of the structure as a residence -The entrance to the space devoted to the home occupation shall be from within the main building-There shall be no internal or external alterations or construction not customarily found in residences Display Maintain visual character of structure as a residence -Home occupations shall involve no exterior display of merchandise or stock in trade for sale Sales activity Restrict scope of business activity to ensure that residential use remains primary -Direct sale of products off display shelves or racks to the general public is prohibited; however, an order may be filled on the premises if placed earlier by a customer using telephone or mail order communications, or through attendance of sales party- Parties for the purpose of selling or taking orders for merchandise shall not be held more than two times in any month-Home occupations which involve the sale or rental of vehicles or vessels shall not be permitted to keep any vehicles on the premises at any time, or to deliver such vehicles to renters or purchasers on the premises Intrusive effects Ensure that processes, tools and hours of operation do not disturb neighbors through noise, odor, -All home occupation activities shall comply with City noise ordinance daytime/nighttime vibration, TV/radio interference limitations-All home occupations shall be conducted so as to maintain emissions at nonintrusive levels-Appropriate equipment shall be installed to reduce emissions to nonintrusive levels Table 19.120.030: Standards (Cont.) Topic Regulatory Intent Specific Standard Traffic Ensure that pedestrian, automobile or truck traffic, or parking demand is not significantly above normal levels for that zone -Deliveries to and from the premises restricted per the Municipal Code Employment Ensure that traffic is not significantly above normal levels for that zone - Home occupations shall be carried on by members of the household occupying the dwelling, with not more than one additional person employed on the premises who is not a resident thereof. This shall not exclude the employment of domestic servants, gardeners, janitors, or other persons concerned in the operation or maintenance of the dwelling, whether living on the premises or not. Utility service Maintain residential scale of utility services to limit business activity to an incidental use -Home occupation activity requiring a water meter above the size customary to a residence in that zone is prohibited-Electrical panel restricted to size customary to a residence in that zone Business vehicle Restrict number, size and keeping of vehicles to reduce parking demand and maintain residential streetscape -No more than one vehicle primarily used for business purposes may be parked per site- Size limited to passenger auto, pickup truck or similar van Storage Ensure that stored materials do not take up required parking space or accumulate in yards -Storage outside of an enclosed structure is prohibited-Garage storage of materials is allowed if the remaining space allows parking of the required number of vehicles Signs Prohibit use of signs unless legally required -Legally required signs are restricted to a maximum one square foot area-Signs shall not be placed on the roof or within the required setback areas Cumulative effects Ensure that multiple home occupations at a site do not exceed single-activity performance levels -Cumulative impact of each home occupation shall not exceed the limits set forth in any portion of this section (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.120.040 Interpretation of Standards. The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156. (Ord. 2085, § 2 (part), 2011; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.120.050 Excluded Occupations. The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones: A. Automobile repair shops, including paint and body work; B. Barbershops and beauty parlors; C. Boarding and/or rooming homes for more than two guests; D. Clinics and hospitals, also veterinary (animal) clinics and hospitals; E. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified; F. Medical offices for physicians, dentists, osteopaths, and other practitioners; G. Private schools with organized classes; H. Upholstery, small engine repair, welding shops; I. Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992) 19.120.060 Nonconforming Uses. Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. 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