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HomeMy WebLinkAboutOrd 208 ORDINANCE NO. 208 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY AMENDING DIVISION G OF ARTICLE V OF THE ZONING ORDINANCE CONCERNING HOME OCCUPATION REQUIREMENTS BY REDEFINING VEHICLE USAGE IN A HOME OCCUPATION AND GENERAL UPDATING OF PROCEDURES FOR REGULATING HOME OCCUPATIONS AND ADOPT A NEGATIVE DECLARATION. 14 The city council of the City of Cathedral City does ordain as follows: SECTION 1. Pursuant to state and local environmental guidelines, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment and therefore a negative declaration is approved. SECTION 2 . Division G of Article V of the Cathedral City Zoning Ordinance hereby is amended to read as follows: Division G. Home Occupations Sections 1. Purpose 2. Permitted Uses 3. Prohibited Uses 4. Business License Required 5. Permit Required 6. Permit Fee 7. Operating Standards 8. Term of Permits 9. Revocation of Permit 10. Appeal Procedure 11. Violation a Public Nuisance 12. Non-conforming Section 1. Purpose These provisions allow for the conduct of home enterprises within residential zones which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling. - 1 - G31129 Section 2. Permitted Uses To meet the purpose of this division, home occupations are to be limited to those uses that are primarily office-oriented with limited storage of material and equipment. These uses are: a. The in-home office of a contractor, consultant, bookkeeper or other similar profession whose function is one of rendering a service and such y function does not involve the dispensation of goods or products; b. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere; c. The in-home office of a salesperson, when all sales are conducted by telephone or correspondence with no commodities or displays on the premises; d. Drafting, designing arts, crafts and the like using only normal drafting artist equipment; e. Babysitting service or home child care facilities as permitted by the zone district. f. Music instruction provided no more than one student is instructed at one time; and g. Any other use similar to the above as determined by the Director of Community Development. Section 3 . Prohibited Uses. To add emphasis to the types of uses that are not permitted as home occupations, the following uses are specifically prohibited: a. Automotive repair (body or mechanical) , upholstery and painting; b. Barber, beauty, manicuring, masseuse, and similar enterprises; c. Carpentry, cabinet-making and furniture repair; d. Machinery, equipment or appliance repair; e. Professional and medical offices and laboratories; f. Construction offices where there is storage of material and equipment, and the transporting of employees; - 2 - C01130 g. Storage for fee; and h. Any similar use and those uses not listed as a permitted use. Section 4. Business License Required. It shall be unlawful for any person to carry on any home occupation in the city without first having procured a business license and complied with any and all applicable provisions. Section 5. Permit Required. Application for a home occupation permit shall be made to the Director of Community Development. The Director may issue a home occupation use permit upon determining that the proposed home occupation can meet all the requirements of this chapter. Section 6. Permit Fee. When the application for a home occupation is filed, the Director shall collect a fee for the permit in such amount as may have been established by resolution of the City Council. Section 7. Operating Standards A permitted home occupation as defined above shall be conducted in compliance with the following criteria: a. No one other than the resident of the dwelling shall be employed on the premises in the conduct of the home occupation. b. The home occupation shall be conducted entirely within the enclosed area of the main building. Space within an attached garage may be used for the conduct of a home occupation only when it does not interfere with the off-street parking of vehicles as required by this zoning ordinance. The home occupation shall not occupy more than 25 percent of the total area of the entire structure. c. A home occupation shall not be conducted within any accessory structure. Storage of supplies may be } permitted within an accessory structure, however. d. There shall be no outdoor storage or display of equipment, machinery, supplies, materials or merchandise. e. There shall be no sales activity, either wholesale or retail, except mail order sales, nor shall there be an office open to the general public. - 3 - C01131 f. There shall be no more than a one-day supply of hazardous materials stored on the premises at any given time (i.e. , pool chlorine, paint thinner, etc. ) g. There shall be no dispatching of persons, equipment or supplies to or from the subject property. h. The use of vehicles for the operation of the home occupation shall be limited to one vehicle having a manufacturer's gross vehicle weight, per California Vehicle Code, Section 390, rating of less than u 10, 000 lbs. No other vehicles shall be parked or stored on the property that are in any way used in the operation of the home occupation. For the purpose of this section, a vehicle used for a home occupation is any vehicle, trailer or equipment that does or has any of the following: is used in the operation of the home occupation, transports supplies or people that are involved with the home occupation, has a commercial license, has the company name or other commercial identification on the vehicle, has racks or containers on the vehicle that could be used for carrying equipment or supplies. i. There shall be no use of any mechanical equipment, appliance or motor on the premises in the operation of the home occupation, except for small appliances normally found in a home such as, typewriters, and sewing machines. j . There shall be no signs or other devices identifying or advertising the home occupation. k. The appearance of the building or lot shall not be altered, or the home occupation be so conducted that the lot or building may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, sounds, vibrations, etc. ) . 1. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located. m. The use shall meet reasonable special conditions established by the Director and made of record in the home occupation permit, as may be deemed necessary to carry out the intent of this division. - 4 - 001132 Section 8. Term of Permits All permits for home occupations shall continue in existence until abandoned or revoked. A home occupation permit shall be considered abandoned if the business license is not renewed. Section 9. Revocation of Permit If the Director determines that a home occupation is being conducted in violation of the provisions of this chapter, he shall cause a notice of violation and revocation of permit to be mailed, by certified mail, to the permittee at the address shown on the home occupation permit. The home occupation permit shall be deemed revoked ten days from the date of mailing of said notice. Upon revocation of the home occupation permit, the City Business License shall become null and void. Section 10. Appeal Procedure The applicant or permittee of a home occupation may appeal any decision made by the Director to the City Council by written appeal filed with the City Clerk within 10 days of notification of the decision. Section 11. Violation a Public Nuisance Any violation of this chapter is a public nuisance. Section 12 . Non-conforming All existing home occupations that were made non-conforming on the date of the adoption of this ordinance, , 1988 are considered lawfully existing and may continue unless a request is made in writing by the Director of Community Development and delivered by certified mail to cease. Upon receipt of the notice, the home occupation shall cease within six months. SECTION 3 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. - 5 - c31133 The foregoing ordinance was approved and adopted at a meeting of the City Council held on March 2 , 1988 by the following vote: Ayes: Councilmembers Di Grandi, Krings, Hillery, Murphy, and Mayor Paquette Noes: None Absent: None AmOOMP 77-OR ' ATTEST: CI Y CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: X- "IF CITY ATTORNEY 7/ T MANA' ER 1HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ORDINANCE NO. o?U e WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORN A.IN A MEETING THEREOF HELD ON THEE ,-r,i/ DAY OF ,198 8) , AND THAT SAME WAS POSTED IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. v;w : CITY CLERK - 6 - V ����