Arcadia Municipal Code § 6437.1 Commercial Use of Residential Property

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(Division 7 (Section 6437) repealed and a new Division 7 added by Ord. 1532 adopted 12-2-75)

Except as otherwise expressly provided in the Arcadia Municipal Code, no person shall conduct any commercial activity on residential property. Sales type activity with proper permits and in complete compliance with the conditions of this Division is a permitted use of residential property.

(Amended by Ord. 1864 adopted 8-18-87)

Boutiques and craft shows held on residential property shall have a central cashier. Hand crafted items, crafts and merchandise of a new nature shall be the property of the participants of the event.

(a) An application specifying relevant information as to the dates, time, place and a general description of the items to be sold shall be on file at the office of the Business License Officer and a written permit issued for the sale. There shall be no more than two (2) sales per calendar year at a given location. Each sale shall be for not more than three (3) consecutive days.

Exception: Boutiques and craft shows in churches, schools and places of assembly located in residential zones shall be conducted no more than four (4) times per calendar year at a given location and shall be for not more than three (3) consecutive days.

(b) Boutiques and craft shows meeting the requirements of this Section but held from a commercial location shall be limited to three (3) consecutive days, four (4) times per year.

(c) Regulations 6437.2 subsections (c) through (g) shall apply to boutiques and craft shows with proper permits and in complete compliance with all other conditions of the Division.

(Added by Ord. 2052 adopted 6-4-96; amended by Ord. 2062 adopted 12-17-96)

The sale of goods, wares or merchandise from a residential property principally used as a residence (commonly known as a patio, garage and/or backyard sale) is hereby permitted, provided that the following conditions are complied with:

(a) An application specifying relevant information as to the dates, time, place and a general description of the items to be sold is on file at the office of the City Business License Officer and a written permit has been issued for the sale. One (1) permit shall authorize no more than two (2) sales per calendar year at a given location. One (1) "sale" shall be for no more than two (2) consecutive days.

(b) No goods, wares or merchandise shall be offered for sale or sold at such sale other than used property owned exclusively by the owner, tenant or occupant of such residence. New goods shall not be sold at garage sales. Upon request by any representative of the Police Department, the person conducting such sale shall establish his title to the goods, wares or merchandise offered for sale.

(c) Subsection (b), above, shall not be applicable to a charitable organization, as defined in Section 6611.2, infra, when such charitable organization is conducting a patio, garage and/or backyard sale at the residence of a member of such organization or at the legally established premises of such charity or religious establishment when located in a residential zone.

(d) No sign, billboard, placard, or other form of advertisement of such sale shall be placed upon any public property within the City; nor shall any such form of advertisement be placed upon the premises where the sale is to be conducted more than two (2) days prior to the date the sale is to commence, and shall be removed by 6:00 p.m. on the day the sale terminates. No more than one (1) sign, billboard, placard or other form of advertisement shall be placed upon the premises and such sign shall not exceed four (4) square feet in size and must be in the front yard area.

(e) No such sale shall be commenced prior to 8:00 a.m. and shall conclude each day at or before 6:00 p.m.

(f) No goods, wares or merchandise shall be placed or displayed in the front yard of any residence or premises, nor in the side yard of any corner lot, unless such side yard is screened from the view of the adjacent public right-of-way to the maximum height permitted, for the purpose of offering for sale, selling or advertising such sale. For the purpose of this Article, front yard is defined as the full width of the lot lying between the public right-of-way and the front building line of the main house on the premises. This Section shall be applied to avoid the display of goods in the open on property between any residential structure and the street.

(g) A violation of any of the foregoing conditions including conduction of a sale without a permit shall constitute a misdemeanor in accordance with Section 1200 of this Code.

(Amended by Ord. 1864 adopted 8-18-87)