Section 130.40.160 of the El Dorado County Zoning Ordinance (Title 130) permits home occupations in any zone that allows single- or multi-unit residential use, provided the business is owned and operated by residents of the premises, is incidental to and compatible with surrounding residential and agricultural uses, is conducted within permitted structures on the lot, and stays within numeric standards for non-resident employees, with employee thresholds keyed to lot size and exceeded only with an Administrative or Conditional Use Permit.
El Dorado County treats home occupations as a special use governed by Section 130.40.160 (Article 4, Chapter 130.40 of Title 130). The stated purpose is to provide opportunities for home-based businesses incidental to and compatible with surrounding residential and agricultural uses, to encourage employers to offer home workplace alternatives, promote economic self-sufficiency of County residents, and reduce commuting on U.S. Highway 50, while minimizing conflicts with adjacent property owners and maintaining the residential character of neighborhoods. The use is permitted by right when every standard is met, under the Home Occupation Use Matrix at Table 130.40.160.1. Allowed activities include work performed by telephone, mail, internet, or appointment; home offices; Cottage Food Operations (as defined in California Health and Safety Code Sections 109947 and 113758); small scale production and repair, handicrafts, parts assembly; or the work or craft of creative artists, music teachers, academic tutors, trainers, or similar instructors. Full or part-time non-resident employees on the direct payroll and supervision of the business owner are restricted by lot size, with one non-resident employee allowed on lots one acre to less than five acres (state code permits the operator to host on-site meetings with support personnel such as accountants and transcribers without counting them as employees). All business must be conducted within permitted structures on the lot, with no direct retail sales of products from the residence (no customers coming to the home to purchase). Section 130.40.160 expressly lists uses that are not incidental to or compatible with residential activities and may not be conducted as home occupations - including commercial kennels or catteries and medical and dental offices, clinics, and medical laboratories. Where a proposed home occupation exceeds the by-right standards, an Administrative Permit (and in some cases a Conditional Use Permit) is required, which the Planning Director may grant only on finding that the standard being exceeded will not change the residential character of the neighborhood based on attendance numbers, frequency or duration of the activity, and nature of the use. California state law preempts local zoning for licensed Family Day Care Homes (CA Health and Safety Code Section 1597.40 et seq.), which must be treated as a residential use of property.
Operating a home occupation that exceeds Section 130.40.160 standards without the required Administrative or Conditional Use Permit is a zoning violation enforced by the El Dorado County Code Enforcement Division. Code Enforcement may issue a notice of violation, administrative citation, and order to cease the unpermitted activity; uses on the prohibited list (commercial kennels, medical/dental offices, medical laboratories) cannot be permitted in residential zones under any circumstance and are subject to abatement.
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