La Verne City Zoning Code
CHAPTER 18
96 HOME OCCUPATION PERMITS
§ 18.96.010 Permitted where.
Home occupations as defined in this chapter may be allowed in all P-R planned residential zones and A-1 limited agriculture zones as defined in this title.
(Ord. 866 § 3, 1995)
§ 18.96.020 Home occupation defined.
means those pursuits listed as permitted uses in this chapter and conducted within the confines of the dwelling unit or garage. In all cases the use shall be considered clearly incidental to the primary use of the dwelling unit as a residence. The residential integrity and character of the neighborhood shall be maintained at all times.
(Ord. 866 § 3, 1995)
§ 18.96.030 Permit-Application.
The following procedures shall govern the issuance of home occupation permits:
A.
A home occupation permit shall be obtained prior to conducting any home business. The application form is provided by the city and available from the finance officer.
B.
A filing fee is payable at the time of application.
D.
If the intended home occupation is in compliance, the permit will be issued to the applicant at the address on the home occupation permit application.
E.
The permit shall not be transferable to another individual or business. The permit shall become null and void upon the applicant's discontinuance of the home occupation at the specified address on the home occupation permit.
F.
If the intended home occupation will not comply with the criteria contained in Sections 18.96.070 through 18.96.080 of this chapter, the community development department shall notify the applicant, in writing, of the rejection of the application. The notice of the rejection shall be mailed to the applicant at the address shown on the application by certified mail, return receipt requested.
(Ord. 866 § 3, 1995)
§ 18.96.040 Permit-Fee.
It is determined that the cost of processing applications for home occupation permits is not of general benefit to the city but of benefit to the applicant, and the city council, from time to time, shall establish by resolution filing fees for the applications which shall be paid to the city at the time of filing. No applications shall be considered filed until the established fees have been paid to the city.
(Ord. 866 § 3, 1995)
§ 18.96.050 Appeal.
Should the intended home occupation not meet the criteria as defined in Section 18.96.070 and Section 18.96.080 of this chapter, the home occupation permit shall not be issued, the applicant may appeal directly to the city council. Such appeal must be perfected by filing written notice of appeal with the city clerk within ten days after the date of mailing of the notice of rejection as specified in Section 18.96.030.
(Ord. 866 § 3, 1995)
§ 18.96.060 Declaration of permittee.
The home occupation permittee is required to obtain and renew on an annual basis a city business license as stated in Chapter 5.08 of this code. The permittee, under penalty of perjury, shall declare in the form prescribed by the city, that the permittee has complied with and is presently complying with and will in the future comply with the criteria set forth in Section 18.96.070 of this chapter.
(Ord. 866 § 3, 1995)
§ 18.96.070 Criteria generally.
No application for home occupation permit shall be approved which is not found to be consistent with the following criteria:
A.
There shall be no employment, including independent contractor arrangements, with any persons other than family members who reside on the premises.
B.
There shall be no use of materials or mechanical equipment not recognized or generally accepted as being part of normal household or hobby uses.
C.
There shall be no sale of goods or merchandise on the premises. Sales shall be by telephone or catalog order only and delivered off the premises.
D.
The use shall not generate pedestrian or vehicular traffic beyond that normal to the residential neighborhood in which it is located.
E.
Delivery of materials or merchandise used in the business and shipment of materials or merchandise from the business shall be by the United States Postal Service, or private delivery services generally recognized to make deliveries in residential neighborhoods. There shall be no deliveries or pickups by commercial vehicles.
F.
There shall be no outdoor storage of materials.
G.
No identifying signs, banners or flags shall be used on the premises.
H.
No advertisement of the address shall be permitted.
I.
The area used for the business shall be limited to the equivalent of one room or ten percent of the residential dwelling area, whichever is greater.
J.
No building or space outside the main building or garage shall be used for home occupational purposes.
L.
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 or construction, lighting, signs, sounds or noises, vibrations, accumulation or improper disposal of refuse, etc.).
M.
No hazardous process or emission of smoke, dust, noise, fumes, odors or glare shall be permitted.
N.
There shall be no increase in the use of any one or more utilities (water, sewer, electricity, telephone, refuse, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
(Ord. 866 § 3, 1995)
§ 18.96.080 Criteria for specific uses.
A. "Design services" "Health care professionals."
The following specific uses shall be permitted only where the applicant can demonstrate that the proposed home occupation meets both the standards of Section 18.96.070 and the additional criteria contained in this section. For the purpose of this chapter the following definitions shall apply:
means graphics design, interior design, landscape design or like professions where the designer conceives and develops an artistic or aesthetically pleasing plan.
Limited to nurses, physicians, chiropractors and other health professionals who are licensed by the state of California.
B.
Those uses which permit clientele to visit the premises are those where it is customary or practical for the client to go to the source of service. Those businesses that are limited to office use only, with no clientele visits, are those where it is practical for the business person to conduct business off-site. In all cases, the use shall not interrupt or interfere with the general nature or residential character of the neighborhood in which the use is located. Permitted uses are:
5.
Gun Sales and Gun Repair.
a.
The applicant shall comply with all requirements of the Federal Firearms License.
b.
Repairs shall be limited to the garage area and shall not replace required parking.
c.
Hours are limited to eight a.m. to eight p.m.
d.
The applicant shall comply with all state and county regulations in addition to the federal regulations.
e.
The applicant shall meet city of La Verne police department and fire department requirements.
6.
Handyman (Electrical Repair, Plumber, General Repair and Fix-It Services).
C.
No provision of this chapter shall exempt the applicant from meeting all criteria cited in subsections A through N of Section 18.96.070. Any business or home occupation not specifically enumerated above or subsequently authorized by the city council shall be prohibited. Any use that is not permitted in the city's commercial and industrial zones is prohibited.
(Ord. 866 § 3, 1995)
§ 18.96.085 Classification of use and appeal.
In the case of ambiguity of any permitted activity and standard of this chapter, the applicant may file for classification by the development review committee. Uses similar to those listed above shall be classified by the development review committee in a public administrative hearing upon written request, upon published and posted notice no less than ten days before the hearing, upon environmental review and upon payment of a fee as determined by city council resolution. If the development review committee does not believe the proposed home occupation is consistent with those home occupations enumerated in this chapter or that it violates one or more of the criteria, the development review committee shall deny the permit. The denial of the permit by the development review committee shall be subject to appeal in accordance with Section 18.96.050 of this chapter.
(Ord. 866 § 3, 1995)
§ 18.96.090 Prohibited uses.
The nature of certain businesses because of investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby compromise the integrity and character of the residential neighborhood. Therefore, following uses are expressly prohibited as a home occupation use:
A.
Automobile repair, body or mechanical; upholstering or painting; automobile restoration;
B.
Major household appliance repair;
C.
High intensity arc and oxyacetylene welding;
D.
Fortune telling;
E.
Service/repair/manufacture of motorized vehicles;
F.
Carpentry fabrication; cabinet manufacture where the equipment used is of the size and power not generally accepted for home owner use but of commercial or industrial caliber.
(Ord. 866 § 3, 1995)
§ 18.96.100 Permit-Revocation.
Falsification of any part of the home occupation permit application shall be grounds for automatic revocation of the home occupation permit.
A.
Should the home occupation fail at any time to comply with the criteria established by Section 18.96.070 and Section 18.96.080, or it appears that home occupation authorized by the permit has been or is being conducted in violation of any state statute or any county or city ordinance; or that the home occupation is being conducted in a disorderly manner or to the detriment of the public, or when the home occupation being conducted is different from that for which the permit was issued, the home occupation permit may be revoked by the city council.
B.
Prior to taking any such action, the city council shall instruct the city clerk to give written notice of the intended action to the permittee. The written notice shall specify in what respect the home occupation fails to comply with the criteria set forth in Section 18.96.070 and Section 18.96.080.
C.
The written notice shall be mailed to the permittee at least ten days prior to the council meeting at which the revocation will be discussed.
(Ord. 866 § 3, 1995)