CITY OF WEED

PLANNING DEPARTMENT

550 Main Street

P.O. Box 470

Weed, California 96094

How to Apply for a Home Occupation Permit

What is a Home Occupation?

A Home Occupation is a small-scale business in the home allowed in residential and agricultural zoning districts and conducted for the purposes of developing personal and professional skills. A Home Occupation permit is allowed where there is an existing residence. It is conducted on the premises by the occupant of the dwelling as a secondary use in connection with living in the residence.

The following criteria shall be used for the determination of a home occupation:

· There shall be no employment of help other than the members of the resident family.

· There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

· The use shall not generate pedestrian or vehicular traffic or noise or electronic interference beyond that normal to the zone in which it is located.

· There shall be no excessive, unsightly or hazardous storage of materials, supplies, or equipment, indoors or outdoors.

· It shall not involve the use of signs or structures other than those permitted in the zone of which it is a part.

· Not more than one room in the dwelling shall be employed by the home occupation, nor more than one out-building.

· In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as servicing a nonresidential use.

· The granting of a permit for home occupations does not exempt the permittee from the state and local regulations regarding the business licenses, sales tax permits and professional restrictions.

The Planning Department will provide you with zoning information. It is helpful to have your Assessor’s Parcel Number with you to identify your property.

How do I apply for a Home Occupation Permit?

Your completed application form is submitted to the Planning Department for review and must include the Assessors Parcel Number and the name and address of the property owner and of the person making the application. The applicant may complete the application, however, the property owner must sign the application and have it notarized. You are also asked to submit the following information items with your application:

· A location map and a full plot plan showing everything that exists on the parcel (buildings and uses, parking area, driveways, well, septic system, setbacks, and lot dimensions) and proposed uses.

· A floor plan and the elevations of any proposed buildings.

· A radius map showing all the parcels within 300 feet of your property and one stamped legal-sized envelope for each property identified.

· A copy of the grant deed is required identifying property ownership.

What happens after I apply?

The Planning Department will review your application and also refer it to various departments within the City who may request that conditions be attached to the approval of your home occupation permit. A project planner may visit the site. The application is then scheduled for an administrative hearing by the Planning Director at which neighbors or other interested persons may appear to support, object, or simply ask questions about your proposal. The Planning Department will announce the meeting by mailing notices to all owners of property within 300 feet of your property and by posting the agenda on the city hall bulletin board.

Depending upon the complexity of the project, the final decision may be made by the Planning Director. Your application may be approved, approved subject to certain conditions (nearly all approvals do have conditions), or denied.

What determines whether my application will be approved?

Based on the information you supply and established criteria, the City determines whether the use you wish to make of your property will be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

What types of conditions might be imposed?

You might be required to make certain property improvements before you can receive approval. City street and yard setbacks may be listed as a condition, as well as ensuring that your permit does not supersede deed restrictions.

What can I do to give my application the best chance of approval?

· When planning your project, consider how you can complete it in such away that it harmonizes with its surroundings and does not disrupt the neighborhood by creating undue noise or traffic.

· You must demonstrate that your plan should be approved. When your application is submitted, make sure the most accurate information is provided.

· Attend hearings so that you can speak for your project and respond to questions posed by those who may be worried about how your land use might affect them.

Can I appeal the decision?

During the 5-day appeal period after the Planning Director’s decision is made, you or any other interested party may appeal the decision to the Planning Commission. Even if your application is approved, you may still appeal any of the conditions that are attached.

How long does it take to get a Home Occupation Permit?

The entire process takes approximately 30 days from the time you submit a completed application to the Directors decision.

If you appeal the decision, Planning Department staff will assign a tentative hearing date when your appeal can be heard. Planning Commission meetings are on the first Wednesday of each month.

What fees must I pay?

You must pay an application fee. If the home occupation permit is approved you must pay fees for a business license.

What’s the next step in this process?

Obtain a Home Occupation application packet from the Planning Department. The application packet explains the general procedures for applying for a permit, fees, and other related matters. The applicant may complete the application, however, a notarized signature by the property owner is required..

You should also review the section of the City Zoning Ordinance that regulates the zone in which your project is located (a Planner can help you identify which section of the ordinance you need). After you have become familiar with these documents, we recommend you prepare some very preliminary plans and bring them to the Planning Department counter so that staff can review them.

You may also want to visit other City and County departments (Building Department, Health Department, Tax Collector) to find out other requirements that may be conditions of the Home Occupation Permit.

If you are new to Weed or unfamiliar with the permit system you may also wish to make an appointment to meet with staff who can explain the permit system, the different agencies involved and the various costs and requirements. There is no charge for the meeting that can be scheduled by calling (530) 938-5020.