HomeMy WebLinkAboutAgenda Report - May 2, 1990 (33)�rJUNC I L C 0 M M U N IClAT 1 0 N
TO: THE CITY COUNCIL COUNCIL MEETING DATE:
FROM: THE CITY MANAGER'S OFFICE MAY 2, 1990
SUBJECT: ADOPTION OF ORDINANCE NO. 1484 - AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING
LODI MUNICIPAL CODE SECTION 17.03.290 DEFINING "HOME OCCUPATION" AND REENACTING.
SAME, AND ADDING TO TITLE 17 - ZONING, A NEW CHAPTER 17.08 RELATING TO HOME
OCCUPATION PERMITS
Ordinance No. 1484 - "An Ordinance of the Lodi City Council Repealing Lodi Municipal Code
Section 17.03.290 Defining "Home Occupation" and Reenacting Same, and Adding to Title 17 -
Zoning, A Nw Chapter 17.08 Relating to Home Occupation Permits" was introduced at the
regular meeting of the Lodi City Council held April 18, 1990.
Pursuant to State statute, ordinances may be adopted five days after their introduction
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
RECOMMENDED ACTION Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1484.
AAN. R�imche
City Clerk
AMR/jmp
COUNC047/TXTA.02J
ORDINANCE NO. 1484
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE SECTION 17.03.290 DEFINING
"HOME OCCUPATION" AND REENACTING SAH AND ADDING M TITLE 17 - ZONING,
A NBIV CHAPTER 17.08 RELATING TO HOME OCCUPATION PEWITS,
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 17.03.290 - Definitions -
Home Occupation - is hereby repealed and reenacted as follows:
17.03.290 HOME OCCUPATION.
"Norge occupation" means any use customarily carried on or
conducted entirely within a dwelling by the residents thereof,
without assistants, which use is clearly incidental to the
residential use of the premises and does not change the character
thereof. "
SECTION 2. Lodi Municipal Code Title 17 - Zoning - is hereby amended
by adding a new Chapter 17.08 - Nome Occupation Permits - as follows:
Chapter 17.08 HOME OCCUPATION PERMITS
17.08.010 EXCLUDED USES.
The following uses shall not be deemed "home occupations":
A. Hospitals;
B. Clinics;
C. Private schools;
D. Real estate offices;
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E. Insurance offices;
F. Animal hospitals:
G. Kennels;
H. Animal boarding facilities;
I. Any business or activity in which it is usual or customary
for the clients or customers to come to the location for
which the permit is sought.
17.08.020 PROCEDURES FOR ISSUANCE.
Hare occupation permits may be issued by the Community
Development Director pursuant to the following procedures:
A. The permit shall state the home occupations permitted, the
conditions attached, and any time limitations.
B. All home occupation permits shall be personal to the owner or
resident of the premises to Y:hom it is issued, and shall be
non-transferrable to different parties or premises.
C. Applicants for a home occupations permit shall be required to
agree in writing to comply with all conditions imposed.
D. A home occupations permit may be revoked by the Community
Development Director or the Planning Commission upon failure of the
holder to comply with any of the conditions or limitations of approval.
E. In the event of denial by the Community Development Director,
the applicant may file a written notice of appeal with the Planning
Commission not later than ten days following such denial or revocation.
The Planning Commission shall hold at least one public hearing or; such
appeal and written notice of the time and place of such hearing shall
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be given to the applicant and all property owners within three hundred
feet of the subject property.
F. Any decision by the Planning Commission may be appealed to
the City Council within ten days thereof by filing written notice with
the
City Clerk, accompanied by such
fees as
shall from
time to
time b -
set
or established by resolution of
the City
Council.
The City
Council
shall
hold at
least one public hearing on such
appeal. Notice o f
the
time
and place
of such hearing shall be given as set forth above.
The
City
Council
shall have ultimate discretion
in interpreting
and
applying this ordinance.
17.08.030 CCNDEXM OF ISSUANCE.
All home occupation permits issued hereunder shall be subject to
the conditions described below. Such proposed uses shall
A. Ba conducted entirely within the main dwelling and limited to
no more t h a n one room.
B. Not be carried out by persons other than the residents living
a t the premises.
C. Ba clearly incidental to the use of the dwelling for
residential purposes, and will not change the residential character of
the dwelling or neighborhood.
D. Not substantially increase vehicular or pedestrian traffic in
the immediate area of the dwelling.
E. Not involve the use of power driven equipment having a motor
or motors of more than one-half horsepower.
1992
F. Not use
signs
except an unlit
sign
not exceeding
two square
feet flush -mounted
on
and parallel to
the
front of the
building,
identifying the name of the business conducted therein.
G. Not create a nuisance by reason of noise, odor, dust,
vibration, fumes, smoke, electrical interference, increased traffic, or
other causes.
H. Eb the only lane occupation conducted at the specified
address. For purposes of this section, a use shall be deemed "the only
home occupation conducted" at a location if it involves services or
goods of essentially one type, even though the owner may have more than
one business name, or be required to obtain more than one professional
certification or business license.
I. a subject to such special conditions as the Community
Development Director, Planning Commission or City Council may require.
17.08..040 REVOCATION.
A. Any home occupations permit issued hereunder may be subject
to revocation for failure to comply with the conditions attached
thereto or specified in this chapter. Such revocation shall be
commenced by giving notice to the holder of such permit by the
Community Development Director of his intent to recommend revocation to
the Planning Commission. Thereafter, not less than ten days after
notice to the permit holder by the Community Development Director, a
public hearing shall be conducted by the Planning Commission.
B.
Any person
or
party dissatisfied
with
the results
of the
hearing
conducted by
the
Planning Commission
may
appeal such
decision
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0
to the City Council by filing a notice of appeal with the City Clerk
not more than ten days following such decision.
SECTION 3. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 4. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty Gays from and after its passage and approval.
Approved this 2nd day of May
�� �p e-�
lwa�b
JOHN R. SNIDER
Mayor
Attest=
QENNIFEIVM. PERRIN
Deputy City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, Deputy City Clerk of the City of Lodi, do hereby
certify that Ordinance No.1484 was introduced at a regular meeting of
the City Council of the City of Lodi held April 18, 1990 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held May 2, 1990 by the following voi;:
Ryes:
Council
Members
- Hinchman, Olson, Pinkerton, Reid,
and Snider (Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- None
Abstain:
Council
Members
- None
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I further certify that Ordinance No. 1484 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
G�
BOBBY W. McNATT
City Attorney
ORD1484/TXTA.02J
10
ENNIFER PERRIN
Deputy City Clerk