Hawthorne, CA Zoning Ordinance

The intent of home occupations in the city is to allow people to be engaged in work at home, and to provide the residents with a broad choice in the use of their homes as a place of livelihood to produce or supplement their personal and family income. It is equally the intent of the city to maintain and preserve the residential character of the neighborhoods and to protect those areas from adverse impacts of activities of home occupations.

The use of home occupations benefits many sectors of society. The importance of readily providing and facilitating home occupation opportunities is quite clear for those residents who have difficulty in finding jobs, or for those who find commuting between home and work a problem because of lack of transportation, age, health reasons, or family responsibilities such as children. Society in general benefits from home occupations in the form of savings on the transportation system and on parking facilities. Also, ongoing social, economic and technological changes, as well as a growing global environmental conscience, have made home occupations an attractive alternative to the conventional concept of work. Locally, the city benefits from greater numbers of residents engaged in home occupations as reflected by safe and more secure neighborhoods in general due to the presence of adults working at home in the neighborhood.

The mandatory requirements contained within this chapter shall be used as criteria in the review and approval process of home occupation permits.

(Ord. 1537 § 1, 1992)

"Home occupation"

means an occupation or business activity which results in a product or service conducted entirely in a dwelling unit by the residents thereof, which is clearly incidental and secondary to the residential use of the dwelling unit. The term "cottage food operation" when used in this chapter shall have the same meaning as provided for in Health and Safety Code Section 113758, as may be amended.

(Ord. 1537 § 1, 1992; Ord. 2058 § 2, 2014)

An application for permission to conduct a home occupation shall be made by submitting a completed home occupation application to the planning department. Within thirty days after the date on which the completed application is filed, the planning department shall administratively review the application to determine if the proposed use meets all the requirements set forth in Section 17.72.040. If it is determined that all such requirements are met, then the planning department shall issue the permit.

Following the approval of a home occupation permit, a business license must be obtained from the business license department in accordance with Title 5 (Business Regulations and Licenses) of the Hawthorne Municipal Code, in order to conduct the home occupation.

(Ord. 1537 § 1, 1992)

A home occupation permit may be approved only if all the following conditions are met:

The home occupation shall be clearly incidental and secondary to the use of the structure for dwelling purposes and the home occupation shall not alter the residential character of the premises.

All operations shall be carried on within the dwelling, with not more than twenty percent of the ground floor area of the dwelling so used, including any area for storage. A permitted cottage food operation shall be allowed to use more than twenty percent of the ground floor area of the dwelling, provided it complies with all applicable provisions of this section and the Health and Safety Code, as it may be amended.

No motors other than electrically driven motors shall be used in connection therewith, and that the total horsepower of such motors shall not exceed two horsepower, or one-half horsepower for any single motor.

No signs, advertising devices, merchandise or articles shall be displayed for advertising purposes.

No merchandise or articles pertaining to the home occupation shall be stored on the subject property other than within the dwelling.

No person other than a permanent resident of the subject premises shall be employed in the home occupation; provided, however, that cottage food operations may employ not more than one full-time equivalent non-household member as an employee. In no event may more than one part-time employee be working at any one time at a cottage food operation.

The home occupation shall not generate additional parking needs or an increase in vehicular or pedestrian traffic to the residence other than what would normally be associated with a residence. No customers may come to the home occupation residence. All in-person contact must take place at an off-site location such as the customer's residence or place of business. The only two exceptions are: (1) a customer arriving to a cottage food operation for a direct sale; and (2) a student arriving to a home occupation residence for the sole purpose of one-on-one music or arts instruction or academic tutoring. Direct sales from the cottage food operation premises will only be allowed between the hours of nine a.m. to nine p.m. daily. Music and arts instruction will be allowed only between the hours of nine a.m. to eight p.m. daily. Academic tutoring will be allowed only between the hours of nine a.m. to ten p.m. daily.

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 or property owners.

No home occupation in a rented or leased residential unit shall occur without the written authorization of the property owner or apartment manager.

There shall be no use of utilities for home occupations beyond what is normal to the use of the property for residential purposes.

Cottage food operations (CFO) shall meet the following additional requirements:

A CFO shall be restricted to the kitchen of the dwelling and attached rooms that are used exclusively for storage. For purposes of this subsection, a kitchen is defined as the area of a residential dwelling containing permanent facilities for the purpose of food storage, preparation and/or cooking.

A CFO shall comply with the restrictions on gross annual sales as set forth in Health and Safety Code Section 113758, as may be amended.

In addition to business license registration and home occupation permit requirements for home occupation businesses under this chapter, a CFO shall also obtain and maintain registration and/or operating permit from Los Angeles County Environmental Health. A copy of such registration/permit must be furnished to the city within sixty days of issuance.

CFOs shall not conduct sales in an attached garage, detached accessory structure, or outside of the dwelling.

If direct sales are proposed at the site of the CFO, no third parties or customers shall be permitted to dine at the CFO.

(Ord. 1537 § 1, 1992; Ord. 1821 § 28, 2005; Ord. 1886 § 2, 2007; Ord. 2058 § 3, 2014)

The following home occupations are expressly prohibited in any zone:

Vehicle sales, servicing and repair, including, but not limited to, automobiles, motorcycles, trucks, boats, or bicycles;

Machine or cabinetry shops;

Beauty shops, massage establishments, private clubs, and dance studios;

On-premises sales and vending; provided, however, that direct sales may occur at cottage food operation premises;

Swimming pool service, when such service requires the storage of chlorine or other chemicals;

Manufacture, assembly, repair or refinishing of appliances, furniture or other machinery;

Any business which shall be deemed by the planning department to be incompatible with the surrounding land uses and which may adversely affect the health, safety, and general welfare of the neighborhood in which such business is located.

(Ord. 1537 § 1, 1992; Ord. 2053 § 9, 2013; Ord. 2058 § 4, 2014; Ord. 2127 § 22, 2016)

The applicant may appeal the planning department's decision to deny or revoke a home occupation permit to the planning commission. The planning commission shall either approve the application with conditions or deny the application based on its findings. The decision of the planning commission shall be final unless it is appealed to the city council. The appeal process shall be governed pursuant to the provisions set forth in Sections 17.40.190 to 17.40.220.

(Ord. 1537 § 1, 1992)

The director of planning may, at any time, revoke a home occupation permit for noncompliance or for any violation of the conditions set forth in granting such approval. A written notice of intention to revoke shall be mailed to the applicant not less than ten days before the revocation. The applicant may appeal the decision to revoke the home occupation permit to the planning commission pursuant to the procedures set forth in Section 17.72.060.

(Ord. 1537 § 1, 1992)

The fees for a home occupation permit shall be set by resolution duly adopted by the city council.