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�/