Residential districts within the City are established and maintained
for the purpose of creating quiet and safe neighborhood environments,
which environments exclude all businesses, trades, professions and
industries, except that certain home occupations may be permitted
if such uses comply with the most restrictive interpretation of conditions
and criteria established hereinafter.
(Ord. 2531 3-4-86)
A home occupation under this Code shall not include a trade,
business service, store, profession, manufacture or fabrication which
consists of the following activities:
(a) Vehicle
servicing, repair, washing or storage, including, but not limited
to, cars, trucks, boats, motorcycles or bicycles.
(b) Manufacture,
assembly, repair or refinishing of appliances, furniture or other
machinery.
(c) Carpentry,
plumbing or electrical contracting, and the like, if materials, equipment
and/or commercial vehicles are maintained on the premises.
(d) Machine
or cabinetry shops.
(e) Manufacture,
packing, preparation and/or catering of meals or food items.
(f) The
manufacture of garments from pre-cut materials for order or sales
by an off-sale jobber, contractor, wholesaler or retailer.
(g) Child care, if the number of children exceeds six or more at any one time, inclusive of children who are permanent residents of the home. A small family day care home operator can provide care for more than six children up to a maximum of eight if at least two of the children are at least six years of age and no more than two infants are cared for during any time when more than six children are cared for. Additionally, the licensee must notify each parent that the facility is caring for two additional school-age children, that there may be up to seven or eight children in the home at one time and the licensee obtains written consent of the property owner when the family day care home is operated on property that is leased or rented. Exception: A child care facility not exceeding fourteen children in a one-family dwelling may be permitted pursuant to the provisions of Section
12-17.10 of this Article.
(h) Music,
art, dance or tutorial lessons, and the like, if the number of students
exceeds two at any one time.
(i) Swimming
pool maintenance, when such service requires the storage of chlorine
or other chemicals.
(j) Raising
poultry or livestock.
(k) Sale,
retail or wholesale including online/mail order, of ammunition, firearms,
explosives or fireworks.
(l) Alcohol
sales, retail or wholesale including online/mail order sales where
goods are delivered, stored, and shipped remotely.
(m) Vehicle
sales, retail or wholesale including online/mail order sales in which
goods are delivered, stored, and shipped remotely.
(Ord. 2531 3-4-86; Ord. 87-24 9-22-87; Ord. 94-09 4-26-94; Ord. 98-15 7-21-98; Ord. 14-01 2-11-14)
"Home Occupation"
shall mean any activity, business, trade or craft in which
goods, commodities, merchandise or services are prepared, assembled,
constructed, offered for sale, performed or conducted, for financial
gain, in any R or P zoned property or in any residentially developed
property.
(Ord. 2531 3-4-86)
It is unlawful for a person to conduct a home occupation prohibited under Section
12-17.1 of this Article; and it is unlawful for any person to conduct any nonprohibited home occupation without having first obtained authorization to conduct such activity from the Planning and Building Department Director.
(Ord. 2531 3-4-86; Ord. 08-05 4-22-08)
An application for permission to conduct a home occupation shall
be made by submitting a completed home occupation questionnaire with
the Registration Form for a Business Tax Certificate as referenced
in Chapter 8 of this Code. The Planning and Building Department Director
shall have the authority to investigate, review, hear and determine
all such applications and questionnaires, and shall have the authority
to determine if the applicant and the premises upon which the activity
is to be conducted fully meet the most restrictive interpretation
of the criteria hereinafter established for the conduct of a home
occupation:
(a) The
home occupation shall be clearly incidental and secondary to the use
of the structure for dwelling purposes and the home occupation shall
not change or otherwise affect the residential character of the premises.
(b) The
home occupation shall be conducted entirely within a fully enclosed
structure, except when the home occupation involves the growing of
flowers or ornamental plants.
(c) The
home occupation shall involve no more than one room within a structure
and the activity cannot occupy more than one hundred square feet of
said room. No home occupation shall occupy any garage space which
is required under this Code.
(d) If
more than one home occupation is conducted within a residence, the
total floor area for all such occupations together shall not exceed
one hundred square feet. No merchandise, samples or articles pertaining
to the home occupation shall be stored other than within the one hundred
square feet allocated to the occupation.
(e) No
structural, electrical or plumbing alteration or enlargement to premises
shall be made when such is related to the home occupation.
(f) No
person other than a permanent resident of the subject premises shall
be employed in the home occupation.
(g) The
home occupation shall not generate any vehicular or pedestrian traffic
to the residence which is more than would normally be associated with
a residential use.
(h) The
home occupation will not require additional on-site parking spaces.
(i) No
sales or delivery of merchandise to a customer shall occur on the
premises of the home occupation, except when the merchandise is wholly
fabricated on the premises.
(j) No
home occupation shall by reason of noise, odor, dust, vibration, fumes,
electrical interference or other causes, disturb or have the potential
to disturb the peace, health, safety or welfare of neighboring residents
and/or property owners.
(k) No
motor other than an electrically operated motor shall be used in connection
with the home occupation. The total horsepower of said motors shall
not exceed one-half horsepower in all.
(l) No
equipment or process shall be utilized that causes electrical or reception
interference to televisions or radios of neighboring residences.
(m) No
commercial telephone directory, newspaper, magazine, radio or television
advertisement shall specifically state the residential address. Patrons
may arrive at the residence on a prior appointment basis made by telephone.
(n) No
home occupation in a rented or leased residential unit shall occur
without the written authorization of the property owner or apartment
management.
(o) For
child care in a home, no enclosed playground facilities shall be constructed
in any front yard or street side yard, nor shall any other alteration
be made to the appearance of the residence as may be seen from any
public street that will create a recognizable distinction between
the child care use of the subject property from other residences in
the neighborhood.
(Ord. 2531 3-4-86; Ord. 87-24 9-22-87; Ord. 08-05 4-22-08)
Within ten working days of the receipt of the home occupation
questionnaire and a copy of the business tax certificate registration
form from the City Finance Director, the Planning and Building Department
Director, or designee, shall determine whether the proposed activity
fully complies with the criteria established herein for the conduct
of a home occupation. If the determination is that all conditions
and criteria cannot be fully met, the applicant and the City Finance
Director, or designee, shall be notified of the denial in writing,
such notice being mailed or delivered within said ten days. The notice
of denial shall cite the reasons for such determination.
If a request for a home occupation is approved, the Planning
and Building Department Director may impose additional conditions
and limitations upon such approval to ensure that the home occupation
shall fully comply with the criteria established for same.
The Planning and Building Department Director may lessen or
waive certain home occupation restrictions to permit a handicapped
person to conduct an occupation in his or her residence, if the nature
of the handicap appreciably hinders or prevents the person from otherwise
working in a commercial location.
(Ord. 2531 3-4-86; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07; Ord. 08-05 4-22-08)
The applicant may appeal the determination by the Planning and
Building Department Director to deny or revoke a home occupation before
the Planning Commission. The appeal shall be made by filing a written
notice of appeal in letter form to the Director together with an appeal
fee as required for a zone adjustment appeal as specified in the Master
Fee Schedule. The Planning Commission shall consider the appeal within
sixty days of the date that the appeal is filed. The appeal may be
considered without a public hearing; however, the Planning and Building
Department Director may schedule the appeal consideration as a public
hearing and mail notification to neighboring property owners as may
be deemed appropriate by the Director based on the nature of the home
occupation request. The burden of proof that the proposed activity
shall fully comply with all conditions and criteria for a home occupation
shall rest upon the appellant. If there exists any doubt by the Planning
Commission that any condition or criteria will not be fully complied
with, the appeal shall be denied.
(Ord. 2531 3-4-86; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
No more than forty calendar days following the close of its deliberations on matter, the Planning Commission shall announce its decision. The Commission shall announce its findings and determination by formal resolution and said resolution shall recite among other things the facts and reasons which, in the opinion of the Commission, make the denial of the home occupation necessary to carry out the provisions of this Article and the general purpose of this Chapter; and, if the Commission determines that the home occupation be permitted, the resolution shall recite such conditions and limitations the Commission determines should be imposed to serve the purpose of this Chapter and shall contain findings which specifically recite how the requirements set forth in Section
12-17.4 have been met.
(Ord. 2531 3-4-86)
Following the denial or revocation of a home occupation, no
new application for a home occupation for the same or substantially
the same request on the same or substantially the same site shall
be filed within one year from the date of denial or revocation of
said home occupation.
(Ord. 2531 3-4-86)
The conduct of any activity or the use of any residence in violation
of any of the conditions of this Article or of any statute, law, ordinance
or other applicable regulation shall be grounds for revocation of
any previously authorized home occupation. The person conducting the
home occupation shall terminate all activity immediately upon notification
of revocation by the Planning and Building Department Director. If
an appeal of the revocation is made, the home occupation shall not
be conducted until a determination to permit the home occupation is
made by the Planning Commission.
(Ord. 2531 3-4-86; Ord. 08-05 4-22-08)
A resident may operate a large family child care facility for
nine to fourteen children inclusive of resident children when there
is not another lot that contains a large family child care facility
within a one thousand foot radius of the proposed facility. The child
care facility must be the residence of the child care provider and
must be incidental and secondary to the residential use of the property.
A large family child care home operator can provide care for
more than twelve children up to a maximum of fourteen if at least
two of the children are at least six years of age and no more than
three infants are cared for during any time when more than twelve
children are being cared for. Additionally, the licensee must notify
each parent that the facility is caring for two additional school-age
children, that there may be up to thirteen or fourteen children in
the home at one time and the licensee obtains written consent of the
property owner when the family child care home is operated on property
that is leased or rented.
The following criteria must be met at the time of issuance of
a business tax certificate for a large family child care facility:
(1) At
least one on-site parking space shall be made available during child
care hours of operation for any assistant provider or caregiver that
is not a resident of the subject family child care home.
(2) Reasonable
efforts shall be made to reduce noise impacts on surrounding properties
such as installing dense landscaping, solid fencing six feet in height
around outside play areas or location of play areas a suitable distance
away from adjacent residential buildings.
(3) There
shall exist a safe area for vehicle drop-off and pick-up of children.
The residential driveway may be used as the drop-off/pick-up area.
However, at no time shall the large family child care facility use
result in cars blocking any neighbors' driveway.
(4) Any
permanently installed playground apparatus (swings, jungle gym, etc.)
that contain a height greater than fourteen feet shall conform to
setback requirements for a two-story accessory structure in the specified
residential zone. Swimming pools, spas, ponds, fountains and other
bodies of water shall be made inaccessible to children.
(5) Outdoor
play time shall be limited to the hours of nine a.m. to six p.m.
(6) There
shall be no sound amplification devices used in outdoor play or activity
areas.
(7) The
large family child care facility provider shall maintain a current
Business Tax Certificate Fee as required by the City of Inglewood.
Applications for large family child care facilities, for nine
to fourteen children inclusive of resident children, must be filed
with the Planning and Building Department Director who shall mail
notification about the application to all property owners within three
hundred feet of the subject site informing them of the specifics of
the proposed facility, their right to request an administrative public
hearing and the procedures for filing an appeal.
|
In the event an affected person files a letter requesting a
hearing with the Director within ten days of the mailing of the notice,
the Director shall conduct a hearing according to the procedures for
a zone adjustment administrative hearing. The hearing shall be conducted
for the purpose of determining if the proposed facility satisfies
applicable requirements for a home occupation and if the hours of
operation, generated noise, street traffic and circulation, or concentration
of facilities in a neighborhood should require modifications to the
size or operation of the facility.
|
An application for a large child care facility permit shall
pay an application fee equal to the zone adjustment fee as specified
in the Master Fee Schedule. The applicant shall also pay for the notification
sent to all property owners within three hundred feed of the subject
site regarding the proposed large family child care facility. Any
party, requesting an administrative public hearing or appealing the
Director's decision on permit shall pay a fee equal to one-half of
the application fee.
|
An appeal from the Director's decision shall be heard by the
Planning Commission whose decision will be final.
|
(Ord. 87-24 9-22-87; Ord. 98-15 7-21-98; Ord. 08-05 4-22-08; Ord. 08-28 1-13-09; Ord. 13-04 11-5-13)
Short-term rental and vacation rental use shall be permitted
in all residential zones and in mixed-use zones where residential
use is permitted, and shall be subject to the provisions of Chapter
8, Article 11 of the Inglewood Municipal Code.
(Ord. 22-15 7-19-22)