Home Occupation Permit
The
Zoning Ordinance defines “home
occupation” as a business activity conducted in a residential unit that is
incidental to the principal residential use of the lot or site. In order to
operate a business from your home, you must first have 1) a home occupation
permit and then 2) a business license. Applicants apply for a home
occupation permit and obtain a tentative approval from the Planning Division
and then apply for a business license
at the Revenue Department.
Below are the Home Occupation
Permit Application Submittal Procedures.
Review Procedure
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Applicant submits an application fulfilling all the
requirements at the Planning Division offices during counter hours 10 a.m.
to 12:00 p.m. and 1:00 p.m. to 3:00 p.m., Mon. through Fri. (see
below).
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Planning Division staff determines, after review, if the
application is complete and appropriate. Planning Division Staff then
approves, approves with additional conditions, or denies the application.
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Upon granting a tentative approval, Planning Division
Staff mails a notice to the Applicant’s adjacent property owners or
tenants indicating the action taken and providing 10 days from the date
the Notice was mailed for filing an appeal of the decision.
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The decision may be appealed to the Planning Commission
without any appeal fee. The notice of appeal shall be in writing and shall
be filed in the Planning Division on a form provided by the City.
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Submittal Requirements
A complete Home Occupation Permit application will consist
of the following:
- A completed application form.
PDF
- A filing
fee.
- Applicant’s and the Property Owner’s original signatures must appear
on the application.
- If the proposed home occupation is in an apartment or condominium,
the addresses of your immediately adjacent neighbors shall be submitted.
Submit the fully executed application, filing fee and applicable
submittal documents to the City of Monterey, Planning Division during
counter hours, 10:00 a.m.– 12:00 p.m. and 1:00– 3:00 p.m., Mon. through
Fri. or by setting an individual appointment with Planning Division staff
by calling 831.646.3886.
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Restrictions
The following restrictions shall apply to the conduct of
any home occupation unless specific modifications are made at the time approval is
granted. Such modifications shall be made only on the basis of unusual or special
circumstances associated with the intended use.
- No person other than a resident of the dwelling unit shall
be engaged or employed in the home occupation, and the number of residents employed in the
home occupation shall not exceed two.
- A home occupation shall not create significant additional
vehicular or pedestrian traffic to the residence.
- No sign for the home occupation shall be displayed on the
house or property.
- No advertisement shall be placed in any media (newspaper,
magazine, telephone directory, radio, television) containing the address of the property.
- There shall be no visible storage or display of materials or
products.
- There shall be no exterior evidence of the conduct of a home
occupation. A home occupation shall be conducted only within the dwelling unit or any
accessory structure. Home Occupations shall not be permitted out of doors on the property.
- The conduct of any home occupation shall not reduce or
render unusable areas provided for the required off-street parking for the residents nor
prevent the number of cars intended to be parked in the garage from doing so.
- There shall be no process used in the home occupation which
is hazardous to public health, safety or welfare. No toxic, explosive, radioactive or
other restrictive materials not normally used in a single family dwelling shall be used or
stored on the site.
- There shall be no significant increase in use of utilities
such as water, sewer, gas and electricity beyond that normal to the use of the property
for residential purposes.
- If at any time the home occupation becomes a nuisance to the
neighborhood or the City of Monterey, the permit shall be reopened for review and possible
revocation pursuant to
CHAPTER 38 Section 38-219, Enforcement
Responsibilities.
(READ DISCLAIMER)
- The property owner must agree in writing to all proposed
uses, if the applicant is a renter and not a property owner.
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