Montclair Municipal Code Ch. 11.58 Home Occupations

Recognizing that unrestricted use of residential properties for purposes of an occupational nature other than that normally associated with home living has a detrimental effect on both the residential area in which the occupations are conducted and the areas properly designated for such uses, and further recognizing that this detrimental effect results in the depreciation of values, welfare, happiness and morale of the entire community, it is the purpose of this chapter to eliminate this detrimental effect by creating criteria for the establishment and conditions for the continuance of home occupations. This chapter shall not apply to foster homes or children's day-care facilities.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A. Home occupations may include the following:

1. Secondary business offices when a business has its principal office, staff and equipment located elsewhere;

2. The home office of a salesman when all sales are consummated by telephone and/or written orders with no commodities or displays on the premises;

3. Drafting, designing, and the like, using only the normal drafting equipment; and

4. Such other uses as are found by the Planning Commission, and approved by the City Council, to be a home occupation in accordance with the standards as set forth in Section 11.58.030 of this chapter.

B. It shall be the duty of the Planning Commission to ascertain all pertinent facts concerning such use and, by resolution of record, to set forth its findings and reasons for designating such specific classification for such use. Such resolutions shall be referred to the City Council, and, if approved by the City Council, such designated classification shall govern unless the same is revoked as provided in Section 11.58.040 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

The following criteria shall be employed for the evaluation of a home occupation:

A. No employment of help other than the members of the resident family;

B. No use of materials or mechanical equipment which creates sound, vibration, odors, or other effects which can be heard, felt, or otherwise sensed upon adjoining property or a public right-of-way;

C. No commodities sold upon the premises;

D. No advertising signs displayed which are visible from any street or highway and no vehicles with advertising thereon kept standing in front of the dwelling;

E. The use shall not generate pedestrian or vehicular traffic beyond that normal to the neighborhood in which it is located;

F. It shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed one-half-ton rated capacity;

G. No excessive or unsightly storage of materials or supplies, indoors or outdoors;

H. Not more than one room in the dwelling shall be employed for the home occupation;

I. No building or space outside the main building shall used for home occupation purposes;

J. In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, sounds or noises, vibration, etc.); and

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

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A. A home occupation permit granted in accord-ance with the provisions of this title may be terminated if the Planning Commission and City Council make any of the following findings:

1. That any condition of the home occupation permit has been violated;

2. That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

3. That the permit was obtained by misrepresentation or fraud;

4. That the use for which the permit was granted has ceased or has been suspended for six consecutive months or more;

5. That the condition of the premises, or of the neighborhood of which it is a part, has changed so that the use may no longer be justified under the meaning and intent of this chapter.

B. After a hearing upon the revocation of a home occupation permit, the Planning Commission shall report its findings of fact and recommendations to the City Council by resolution; and, upon receipt of such recommendation, the City Council shall determine the facts and may revoke, modify, or allow to remain unchanged the home occupation permit in accordance with the City Council's final determination.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, nor used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

(Prior code § 9-4.1814 (part))