A home occupation in unincorporated Imperial County requires a Home Occupation Permit from the Planning Director before it operates. Under Title 9, Division 4, neighbors within 500 feet get a 10-day mailed notice, and an opposed application goes to an administrative hearing.
Section 90404.04 of Title 9, Division 4, Chapter 4 provides that no home occupation shall be recognized or established until an application for a home occupation permit has been submitted and approved by the Planning Director. The application (Section 90404.05) must include the applicant and property-owner names and addresses, the Assessor's Parcel Number, a description of the occupation (trade name, resale number if any, detailed description, and the tools, machinery or equipment to be used), and the required fee per the Land Use Process Fee Schedule (Section 90901.03, 'Project Not Specified'). Review follows Section 90404.06: the Director determines completeness within 10 days, then within 5 days the Department mails direct notice to property owners within 500 feet of the subject property for a 10-day period (Section 90404.07). If opposition is received during the notice period, the Director schedules a public administrative hearing; if none is received, the Director decides without a hearing. The Director or Commission may attach reasonable conditions under Section 90404.08, such as time limits, hours of operation, advertising restrictions, an annual compliance review, surety or insurance, and on-site area restrictions. Permits may be revoked or modified for cause under Section 90404.09. A Director decision made without a hearing may be appealed to the Planning Commission within 10 days (Section 90404.10).
Operating a home occupation without an approved permit violates Section 90404.04 and Title 9; the County may pursue code-enforcement action under Division 13, and any issued permit may be revoked or modified for violating the minimum standards or imposed conditions.
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