§ 17.33.500. Required standards and criteria.

The planning director shall grant a permit for a home occupation as an accessory residential use on property zoned for residential use, provided that the use complies with all of the following standards and criteria:

A.

The location of the home occupation is the principal residence of the applicant and is clearly incidental and secondary to the use of the property for residential purposes.

B.

No major structural changes are proposed which will significantly alter the character of the residence or change its occupancy classification pursuant to the California Uniform Building Code.

C.

Any traffic or parking needs generated by the proposed home occupation would not be out of character with the existing traffic levels and parking demands of the surrounding residential neighborhood.

D.

The proposed home occupation shall not create levels of new light and glare inconsistent with existing amounts of light and glare within the surrounding residential [neighborhood].

E.

The proposed home occupation shall not adversely increase noise levels or noise durations beyond permissible residential noise levels or noise durations within the surrounding neighborhood as regulated by the Paradise Municipal Code.

F.

The proposed home occupation shall not generate vibration, dust, odor, heat, solid waste, electrical interference or other characteristics in excess of that customarily associated with similar residential uses in the surrounding neighborhood.

G.

Employment shall be limited to members of the family residing on the premises, and to one (1) additional full-time equivalent nonresident employee. In no event may more than one (1) part time employee be working at any one (1) time.

H.

The total floor area used for the home occupation, including area within accessory buildings, may be as large as fifty (50) percent of the net floor area of the dwelling unit, but shall in no case exceed seven hundred fifty (750) square feet; provided however that a cottage food operation shall be restricted to the registered or permitted area of the residence as approved by the Butte County Environmental Health Department.

I.

Signs shall be limited to one (1) unlighted sign and not larger than six (6) square feet in area. Such sign may be attached flat on the building wall or may be located elsewhere on the site except in a required yard setback area.

J.

No equipment, materials or products associated with the home occupation use shall be stored or displayed where visible from off the premises.

K.

The proposed home occupation shall not involve the storage or use of other than a minimal quantity of five (5) or fewer gallons of toxic, explosive or flammable materials; provided all such materials shall be subject to approval by the town fire chief.

L.

A proposed home occupation that generates public traffic use in addition to the existing level of traffic use of a private road easement affording its access shall not be permitted unless written consent to such use is provided by all property owners having legal interest in the private road easement.

M.

Any proposed home occupation affording access by use of a private road easement shall be conducted in a manner that shall not overburden the vehicular use of the private road easement.

N.

Any cottage food operation (CFO) shall meet the following additional requirements:

1.

The requirements set out in Health and Safety Code Sections 114365, 114365.2 and 114365.5.

2.

A CFO shall be restricted to the primary kitchen of the residence.

3.

A CFO shall comply with the restrictions on gross annual sales as set forth in Health and Safety Code Section 113758, as may be amended.

4.

A CFO shall obtain and maintain a registration and/or operating permit from the Butte County Environmental Health Department. A copy of such registration/permit must be furnished to the Town of Paradise within fifteen (15) days of its issuance.

5.

No CFO shall conduct sales in an attached garage, detached accessory structure or outside of the dwelling.

6.

If direct sales are proposed at the site of the CFO, no third parties or customers shall be permitted to dine at the CFO.

(Ord. No. 531, § 3, 6-25-2013; Ord. No. 414, § 3, 3-9-2004; Ord. 313 § 5(part), 1998)