Loading...
HomeMy WebLinkAboutOrd 1301ORDINANCE NO. 1301 ORDINANCE ESTABLISHING STANDARDS AND REQUIREPAENTS FOR HOME OCCUPATIONS follows: The CITY COUIQCIL of the CITY OF BURLINGAE does ORDAIN as Section'1. Section 25.08.350 of the Burlingame Municipal Code, defining home occupations is hereby amended to read as follows: "25.08.350 Home occupation. A home occupation is any gainful occupation or profession engaged in by an occupant of a dwelling unit in an R -Zone pursuant to Chapter 25.68." Section 2. Chapter 25.68, regulating home occupations, is hereby added to said code to read as follows: "CHAPTER 25.68 HOME OCCUPATIONS 25.68.010 Home occupation requirements. "Home occupation" means any use customarily carried on within a dwelling which. use is incidental to the residential use of the dcaelling, and which. meets the following requirements: A. Except for such outdoor uses as teaching swimming or tennis, the use is confined within the primary dwelling unit, does not occupy required parking, open space or yard, and unless a Special Permit has been obtained, does not occupy any accessory structure, attached or detached garage. B. Any merchandise is either produced on the premises or directly related to and incidental to the service offered and is not sold directly from the premises on a regular basis, either at wholesale or retail; C. Equipment or materials are displayed, stored or maintained indoors; D. The appearance of the building is unaltered and the ,,,,,,,, occupation conducted in a manner which does not cause the premises smoke, odors, vibrations, liquid or solid waste, television or radio interference, or create other nuisance; E. A maximum of two (2) persons are on the premises in the conduct of the home occupation, one of whom must be a resident. F. Traffic and narking meet standards normally associated with the subject dwelling, as defined by the City Code allowing for any existing non -conformity; G. Signs are limited to those specified for the.'. -district in o�hich the dwelling is located; H. Only mechanical or electrical equipment incidental to a dwelling is maintained or installed; I. Vehicles used for home occupation purposes are three -fourth (3/4) ton carrying capacity or less; 25.68.020 Excluded occupations. The following occupations and those considered to be of similar character by the City Planner shall specifically be prohibited as home occupations: contractor's office where employees report or assemble as a part of the job for other than administrative or bookkeeping purposes; barbershop, beauty salon, massage studio, automobile repairing or painting, landscape contractor, clinic, hospital, kennel or other boarding of pets, legal, medical, dental, insurance and real estate offices. 25.68..030 Home occupation permits. No person shall commence or carry on any home occupation, as set forth above, within the City without first having procured a permit from the City Planner. The City Planner shall issue a permit when the applicant shows that the home occupation meets all requirements of Section 25.68.010. Every home occupation shall fully comply with all City, County, and State codes, ordinances, rules and regulations. -2- 251068.049-Permit--Appllcat3ons-:- Form and Content. - Applicat ions for home occupation permits shall be filed, in writing, with the City Planner by the person who intends commencing or carrying on a home occupation. The application shal be upon forms furnished by and in the same manner prescribed by th City Planner. Where the applicant is not the owner of the lot on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the own or his agent. 25.68.05.4 �_ermit hot tr���ferable__ No home occupation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupat- ion for which the permit was issued. 25.6II.060 Notices and Appeals. Within ten (10) working days after the filing of an application for a home occupation permit, the City Planner shall either issue or deny the permit and shall serves notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application. Appeals from the decision of the City Planner may be made to the Planning Commission within seven (7) days after the action of the City Planner. Upon receipt of an appeal, the City Planner shall forward the same, together with the records on the matter, to the Planning Commission The Commission shall set the matter for hearing before the Planning ssion at the earliest available date. 25.68.060 Suspension, Revocation and appeals. Any occupation permit issued pursuant to the provisions of this er may be suspended or revoked by the City Planner when it rs that the home occupation authorized by the permit has been A. In violation of any conditions of approval or of any City, County and/or State code, ordina rule or regulation, including the provisions of this section; B. in a disorderly manner; C. to the detriment of the general public; D. when home occupation being carried on is different from that for which the permit was issued; or E. the home occupation has not been carried on for more that ninety (90) days. Any home occupation permit which has been issued shall be revoked or suspended by written notice .from the City Planner to the holder of the permit. The notice shall contain a brief statement of the grounds for revoking or suspending the permit; such notice shall be sent to the person to be notified at the address appearing on the permit. Appeals to the Planning Commission shall be processed as set forth in section 25.16.060. 25.68 .070 Business License required. Every home occupation permittee shall obtain a business license." Section 3. Any home occupation being carried on under a valid home occupation permit upon the effective date of this ordinance which does not conform to the requirements of chapter 25.68 shall be allowed to continue so long as it is operated and maintained by the person named on the permit. Section 4. This ordinance shall be published as required by law. I, JUDITH A. MALFATTI, City- Clerk of the City of Burlingame do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 18th day of March ,1985, and caas adopted thereafter at a AYES: COUNCILP4EN: AMSTRUP, BARYON, MANGINI, MARTIN, PAGLIARO NOES: UNCILMEN: NONE ABSENT: COUNCILMENs NONE City Clerk f�/