Division 12 — HOME OCCUPATION PERMITS

A.

Intent. The City of Commerce recognizes that a residential property owner has a limited right to conduct a nonobtrusive business from his residence, and that the average neighbor generally will prefer to have that business conducted in such a fashion that neighbors are unaware of its existence.

B.

Purpose. The purpose of this Division 12 is to allow such home occupations to exist while maintaining the residential character of residential neighborhoods and preventing the use of home occupations from transforming a residential neighborhood into a commercial one. In addition, such businesses encourage and promote efforts to reduce traffic congestion and the generation of pollutants by allowing and recognizing changing work environments, including telecommuting and work-at-home options, and shall be allowed in the city subject to the regulations of this Division 12.

(Ord. 544 § 1(part), 2000).

A.

Authority. The director of public works and development services, or his/her designee, shall consider all evidence presented in the application for a home occupation. The review authority shall make findings of fact in accordance with the criteria herein set forth, and may impose conditions to safeguard and protect the public health, safety and promote the general welfare. This includes the ability for staff to conduct random, un-announced inspections as needed.

B.

Decision and Noticing. The director or his/her designee shall place in the mail a copy of the draft decision, addressed to the applicant and all properties within a two-hundred-foot radius, pursuant to Section 19.39.070E of the City of Commerce Municipal Code. Upon receiving questions or comments that bring new facts to light within fourteen calendar days of sending out the letter, the director or his/her designee, may change the decision should he/she find that the findings of fact have changed and effect the compliance of proposed home occupation with the criteria herein set forth. In such cases, a revised decision letter shall be sent out, restarting the comment, question, and appeal period.

C.

Appeals. A decision of the director of public works and development services shall become final on the fifteenth day following the date of the decision unless an appeal to the planning commission is filed pursuant to Division 4 (Appeals and Revocations) of Chapter 19.39.

(Ord. 544 § 1(part), 2000).

(Ord. No. 756, § 2, 12-3-2019)

Home occupation permits may be obtained for home based businesses that comply with the regulations of Sections 19.39.810 through 19.39.850 of this code, and are located in legally established residential unit(s) in a residentially-zoned property or residential units within mixed-use projects only. The home occupations identified in subsection (A) are allowed; those identified in subsection (B) are prohibited.

A.

Allowed Home Occupations. The following are deemed appropriate business activities when conducted by the occupants of a dwelling (non-resident employees may be allowed in compliance with Section 36.410.030.C.9 of this code) in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. Allowable home occupations shall be limited to the following activities:

Art, music, and similar fine-art related lessons, and academic tutoring, which do no generate more than six additional vehicle trips to the dwelling each day;

Art and craft work (ceramics, painting, photography, sculpture, etc.);

Office/information uses that involve the use of a computer, telephone, and other electronic equipment;

Sewing (e.g., dressmaking, and small handcrafts); and

Other uses the director deems to be of the same general character as those listed above, and not detrimental to the applicable residential zoning district and surrounding neighborhood.

B.

Prohibited Home Occupations. The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

Barber or beauty shop;

Businesses involving the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation);

Manufacturing and/or assembly;

Massage establishment;

Medical and dental offices, clinics, and laboratories, with the exception of licensed therapists who meet with no more than two clients at a time and generate no more than six additional trips a day;

Personal self-storage (mini storage);

Plant nursery;

Retail sales (e.g., stock on hand and customers coming to the home are not allowed);

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location);

Welding and machining; and

Other similar uses determined by the director not to be incidental to or compatible with residential activities.

(Ord. 544 § 1(part), 2000).

(Ord. No. 756, § 3, 12-3-2019)

The planning commission shall have the authority to impose conditions on a home occupation use to ensure compliance with the intent of this Title 19, including compliance with the performance standards contained in Section 19.39.850.

(Ord. 544 § 1(part), 2000).

A.

Home occupations, as defined in Chapter 19.45 of this Title 19 (Definitions), are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood.

B.

All permitted home occupations shall comply with the following performance standards:

A home occupation business shall be conducted within a dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking requirements for the applicable zoning district are met.

No building or space outside of the main building shall be used for the home occupation business.

The appearance of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a nonresidential use.

No one other than a resident of the dwelling may be employed by a home occupation operating within that dwelling.

No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure.

Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding residential district.

No storage of materials and/or supplies, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

No more than one room in the dwelling shall be employed for the use of the home occupation.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

Home occupations may not create any radio or television interference or noise audible beyond the boundaries of the site.

There shall be no outdoor storage or display of materials or equipment maintained on the premises.

The conduct of a home occupation may not interfere with the maintenance of any required parking spaces, including spaces required to be provided in a garage.

No direct sales shall be conducted on the premises of any home occupation.

(Ord. 544 § 1(part), 2000).