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Santa Clara County Zoning Restrictions Rules (2026) — What You Need to Know

Few Restrictions
These county ordinances apply to unincorporated areas of Santa Clara County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Key Facts

General Home Occupation Permit
Not required — allowed by right
Expanded Home Occupation
Special permit required
Governing Code
Section 4.10.180, Zoning Ordinance (Appendix I)
Commercial Food Prep
Prohibited (except cottage food operations)
Acknowledgment Available
Home occupation interpretation (optional)
Additional Approvals
May be required from other agencies

The Short Version

Santa Clara County allows home occupations as a matter of right on any residentially developed property in unincorporated areas — no permit is required for general home occupations. The zoning ordinance under Section 4.10.180 distinguishes between general home occupations (permitted by right) and expanded home occupations (requiring a special permit). General home occupations must comply with standards for location, employees, traffic, customer visits, noise, signage, and vehicle storage.

Full Breakdown

Santa Clara County takes a notably permissive approach to home-based businesses. Under Section 4.10.180 of the zoning ordinance (Appendix I), home occupations are defined as minimal-intensity business activities incidental to the residential use of a property, generally conducted within a dwelling by resident occupants. General home occupations are allowed as a matter of right on any residentially developed property in the unincorporated county — no home occupation permit is required.

The zoning code distinguishes between two categories. "Home Occupations: General" are permitted by right but must comply with use-specific standards covering location and space, employees, traffic, customer and client visitation, nuisance prevention, hazardous materials, vehicles, advertising, signage, and specific use requirements under Section 4.10.180.A. "Home Occupations: Expanded" have greater intensity and require a discretionary special permit, with additional standards for storage, equipment, and materials.

Commercial food preparation is specifically prohibited for home occupations, except for cottage food operations where state statutes preempt local authority. While no permit is required for general home occupations, property owners may request formal county acknowledgment by filing for a home occupation interpretation with the Planning Office. Additional approvals may be needed from other government agencies such as the Department of Environmental Health or the State Board of Equalization, depending on the nature of the business.

This approach is considerably more flexible than many Bay Area jurisdictions, which typically require a formal home occupation permit with fees and inspections.

What Happens If You Violate This?

Home occupations that exceed the standards for general home occupations — such as generating excessive traffic, noise, or customer visits — may be subject to code enforcement action. The county may require the business to cease operations, obtain a special permit for an expanded home occupation, or relocate to an appropriately zoned commercial property. Repeated violations of use-specific standards can result in administrative citations and fines.

Frequently Asked Questions

Do I need a permit to run a business from my home in unincorporated Santa Clara County?
Not for a general home occupation. Under Section 4.10.180 of the zoning ordinance, general home occupations are allowed by right with no permit required. However, you must comply with standards for noise, traffic, customers, employees, and signage. Expanded home occupations with greater intensity require a special permit.
Can I prepare and sell food from my home in Santa Clara County?
Commercial food preparation is generally prohibited for home occupations. The exception is cottage food operations, which are permitted under California state law that preempts local authority. Cottage food operations must comply with state registration and permitting requirements.
What is the difference between a general and expanded home occupation?
General home occupations are minimal-intensity activities allowed by right with no permit needed. Expanded home occupations have greater intensity — more employees, storage, equipment, or traffic — and require a discretionary special permit from the county with additional standards to meet.

Sources & Official References

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