19.29.040 Home occupation permits.

(A) Applicability. No person shall commence or carry on any home occupation within the city without first having obtained a home occupation permit.

(B) Application.

(1) An application for a home occupation permit shall be filed in writing with the community development department by the person who intends commencing or carrying on a home occupation. Where the applicant is not the owner of the property on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent.

(2) The application shall be upon forms furnished by and in a manner prescribed by the community development director and shall be accompanied by any applicable filing fee established by resolution of the city council.

(1) Within ten working days after the filing of an application for a home occupation permit, the community development director shall review the application and approve, conditionally-approve or deny the permit. The director may approve or conditionally-approve an application for a home occupation permit if he or she finds it consistent with the purpose and standards of this chapter.

(2) The director shall serve a notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application.

(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal such an action by filing a written notice of appeal with the director within the ten days after the date of the mailing of such action. The director shall refer all appeals to the planning commission. The commission shall set the matter for hearing at the earliest available date. The applicant shall be given notice of the time and date set for such consideration.

(4) An appeal of a commission decision may be made by filing a notice of appeal with the city clerk. The notice shall comply with the requirements of Section 2.04.110 of the municipal code except that the notice of appeal shall be filed within ten days after the decision of the commission and appeal shall be subject to the procedures set forth in Chapter 2.04 of the municipal code.

(D) Suspension and Revocation.

(1) Any home occupation permit may be suspended or revoked when it is determined that the home occupation authorized by the permit has been or is being conducted:

(a) In violation of any city, county and/or state code, ordinance, rule or regulation;

(b) In a disorderly manner;

(d) In a different form than which the permit was issued.

(2) Any home occupation permit that has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least ten days prior to the date set forth for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit. The notice shall be served by mailing, by registered mail, a copy of such notice to the permittee at the address appearing on the permit.

(3) Any person aggrieved by the action of the director upon an application for a home occupation permit may appeal an action by filing a written notice of appeal to the director within ten days after the date of mailing of the director's action on the suspension or revocation of the permit. Appeals shall be processed as set forth in subsection C of this section.

(E) Transferability. 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 occupation for which the permit was issued.

(F) Existing County Home Occupation Permits. Those home occupations already operating under a home occupation permit previously issued by the county of Napa shall not be required to obtain a new home occupation permit from the city. Such a previously-issued home occupation permit shall remain in full force and effect until such time as it is suspended or revoked under the provisions of subsection D of this section or expires under provisions of this chapter.