While most home occupation rules are local, California Government Code section 65852.2 and Business and Professions Code provisions universally guarantee certain residential uses such as accessory dwelling units and licensed professional offices statewide.
Government Code 65852.2 requires every local jurisdiction to ministerially approve accessory dwelling units that meet state standards, which can be used for home-based work. Business and Professions Code 5555 (architects), 6735 (engineers), and similar provisions confirm licensed professionals' right to office uses subject only to general zoning. Health and Safety Code 1597.40 (large family daycare) and 1597.45 (small family daycare) prohibit local bans on family child care homes. Local agencies must permit these enumerated home uses; broader home occupation rules remain local.
Local agencies that deny ministerial ADU permits or ban statutorily protected home uses face mandamus, attorney fees under Government Code 65589.5, and HCD enforcement referrals to the Attorney General.
Midway City, CA
Midway City is an unincorporated CDP in Orange County, CA, surrounded by Westminster. Because it has no city government, Orange County Codified Ordinances Ti...
Orange County, CA
Unincorporated Orange County exempts one small detached non-habitable accessory structure - a shed - per 7,200 square feet of building site area from accesso...
Orange County, CA
Carports in unincorporated Orange County are governed by Section 7-9-70.3(d) of the Codified Ordinances, which requires carports to comply with main-building...
Orange County, CA
Unincorporated Orange County allows the conversion of an existing garage, carport, or accessory structure into an accessory dwelling unit (ADU) under Section...
Orange County, CA
Unincorporated Orange County requires every pool/spa deeper than 18 inches to be enclosed by a barrier at least 60 inches (5 ft) high under California Health...
Orange County, CA
Unincorporated Orange County allows ADUs on any residentially zoned lot under OC Zoning Code (Title 7, Division 9) and California Government Code §65852.2 (A...
Side-by-side rule comparisons with other cities in Orange County.
See how other cities in Orange County handle zoning restrictions.
See how Midway City's zoning restrictions rules stack up against other locations.
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