The purpose of this chapter is to permit the conduct of limited business or professional activities in residentially zoned areas in such a manner that the residential appearance, character and use of a dwelling unit is not changed and the operation of such home occupation is not detrimental to the quality of life and property values in the neighborhood.

(Ord. 1161 § 3 (part), 1998)

"Home occupations" means any ongoing or repetitive business or professional use, activity or utilization of residentially zoned and improved property, by the inhabitants of said property, which is incidental and accessory to the primary residential use and does not generate an adverse impact to the surrounding neighborhood.

(Ord. 1161 § 3 (part), 1998)

A.

No home occupation may be established and conducted without first obtaining a home occupation permit pursuant to the provisions of this chapter, and an annual business license pursuant to the provisions of Title 5 of the Sierra Madre Municipal Code.

B.

If an annual business license issued in connection with a home occupation is not active (i.e., expiration from failure to renew on time, termination, suspension, revocation), the associated home occupation permit shall be null and void.

C.

A home occupation that occasionally conducts activity related to, but more intense than, the activity for which it was permitted may do so if authorized by temporary use permit pursuant to Chapter 17.88 of this code. The timing of such an application shall be submitted in compliance with section 17.88.030(F).

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1470, § 4, 7-9-24)

Editor's note— Ord. No. 1470, § 4, adopted July 9, 2024, amended the title of § 17.85.030 to read as herein set out. The former § 17.85.030 title pertained to permit required.

Applications for home occupations may qualify for ministerial review if the application satisfies the following elements:

A.

That the home occupation will not generate any pedestrian or vehicular traffic nor impact street parking or public parking facilities.

B.

That in no way will the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction.

C.

That no visible signage, or other forms of exterior identification, which identifies the home occupation will be installed or otherwise placed on any part of the property where the home occupation is located.

D.

That the home occupation will not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code.

E.

That no more than one annual business license issued in connection with a home occupation permit per dwelling unit will be active at any one time.

F.

That all aspects of the home occupation will be conducted entirely within an enclosed structure. Articles, tools, materials, merchandise, products, activities and other related items or actions produced or used in conjunction with the home occupation shall not be stored, displayed or conducted outdoors.

G.

Except when a home occupation is for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days and where guest count does not exceed two persons per bedroom, that not more than the greater of (i) twenty-five percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, or (ii) four hundred square feet will be occupied for the "home occupation." Any construction, structural alterations or addition(s) to the main or accessory building shall be designed to be completely useable for a residential purpose.

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1470, § 5, 7-9-24)

Editor's note— Ord. No. 1470, § 5, adopted July 9, 2024, amended the title of § 17.85.040 to read as herein set out. The former § 17.85.040 title pertained to home occupations—permitted.

If an application for a home occupation does not satisfy all of the elements of Section 17.85.040, it may qualify for discretionary review if the applicant can demonstrate that the home occupation conforms to the purpose and intent of the Section 17.85.010 provisions, and the following criteria:

A.

That the home occupation will not generate any pedestrian or vehicular traffic above that which is normal, or reasonable, for the district where the home occupation is located nor unreasonably overload street parking or public parking facilities nor create a nuisance.

B.

That in no way shall the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction.

C.

That no visible signage, or other forms of exterior identification which identifies the home occupation will be installed or otherwise placed on any part of the property where the home occupation is located.

D.

That the home occupation will not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code.

E.

For home occupation activity outside an enclosed structure, that the home occupation will not be visually detrimental to the residential character of the neighborhood.

F.

Except when a home occupation is for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days and where guest count does not exceed three persons per bedroom, that not more than fifty percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, will be occupied for the "home occupation." Any construction, structural alterations or addition(s) to the main or accessory building shall be designed to be completely useable for a residential purpose.

(Ord. 1161 § 3 (part), 1998)

(Ord. No. 1466, § 106, 3-28-23; Ord. No. 1470, § 6, 7-9-24)

A home occupation shall not be permitted for any of the following uses, unless otherwise pre-empted by state law:

A.

Any uses described under Chapter 5.52 (Sale and Display of Narcotic Paraphernalia) of this code;

B.

Any uses described under Chapter 5.56 (Massage Therapy, Massage Business or Establishment) of this code;

C.

Any uses described under Chapter 5.58 (Licensing of Tobacco Retailers) of this code;

D.

Any uses prohibited under Chapter 17.10 (Uses Related to Marijuana) of this code;

E.

Any uses prohibited under Section 17.36.025 (adult businesses) of this code; or

F.

Any uses not consistent with the standards of this chapter.

(Ord. No. 1470, § 7, 7-9-24)

Editor's note— Ord. No. 1470, § 7, adopted July 9, 2024, repealed the former § 17.85.060, and enacted a new § 17.85.060 as set out herein. The former § 17.85.060 pertained to permit procedures and derived from Ord. 1161 § 3 (part), adopted 1998; Ord. No. 1466, § 107, adopted March 28, 2023.

Before any home occupation permit is granted, the application shall show, to the reasonable satisfaction of the reviewing authority, the existence of the following facts:

A.

That the home occupation is a reasonable use of land given the purposes of the general plan, the land use designation and the zone in which the home occupation is located;

B.

That the home occupation will not impede the reasonable use of land or the orderly development of land in the immediate vicinity;

C.

That the home occupation will not endanger the public health, safety or general welfare;

D.

That the home occupation is consistent with all applicable standards of this code;

E.

For home occupation activity outside of an enclosed structure, that the home occupation is not visually detrimental to the residential character of the neighborhood;

F.

For a home occupation with on-site employment of an individual other than the resident family, that the site where the home occupation activity will be conducted provides an adequate improved parking area for the employee.

(Ord. No. 1470, § 8, 7-9-24)

Editor's note— Ord. No. 1470, § 8, adopted July 9, 2024, repealed the former § 17.85.070, and enacted a new § 17.85.070 as set out herein. The former § 17.85.070 pertained to revocation of permit and derived from Ord. 1161 § 3 (part), adopted 1998; Ord. No. 1466, § 108, adopted March 28, 2023.

Upon the receipt of an application for a home occupation permit showing, to the reasonable satisfaction of the reviewing authority the existence of facts as required under Section 17.85.070, the director shall determine if the proposed home occupation is "ministerial" pursuant to the provisions of Section 17.85.040 or is "discretionary" pursuant to the provisions of Section 17.85.050.

A.

If the proposed home occupation qualifies as "ministerial," the director shall approve the home occupation and notify the director of finance.

B.

If the proposed home occupation qualifies as "discretionary," the following provisions shall apply:

1.

The director may refer any application for home occupation qualifying as "discretionary" to the planning commission if the director determines at the director's sole discretion that the proposed home occupation has the potential to result in significant impacts detrimental to the residential character of the neighborhood in which it is proposed to be conducted.

2.

The applicant shall submit a completed application form and a complete written description of the proposed home occupation which shall include but not be limited to, anticipated hours of operation, anticipated storage of materials and supplies, anticipated amount of pedestrian and/or vehicular traffic which the home occupation will generate, and a graphic representation of the location of the proposed home occupation activity within the subject residence and/or accessory structure(s).

3.

The applicant shall provide with the submittal of a home occupation permit application a mailing list of all property owners within a three-hundred-foot radius of the property where the home occupation is proposed. Said mailing list shall include at least two sets of self-adhesive mailing labels. The director shall notify by mail all property owners within a three-hundred-foot radius of the pending home occupation application. Said notification shall describe the proposed home occupation and shall provide a comment period of not less than fourteen calendar days.

4.

Upon the consideration of any comments received, the reviewing authority may approve, or conditionally approve, the home occupation if the proposed home occupation is determined not to be detrimental, or otherwise be inconsistent with the residential character of the neighborhood in which it is proposed to be conducted.

5.

The director shall notify the director of finance that a home occupation has received a discretionary approval.

6.

If the reviewing authority determines that the proposed home occupation activity will be detrimental, or otherwise be inconsistent with the residential character of the neighborhood, the home occupation shall be denied.

(Ord. No. 1470, § 9, 7-9-24)

A.

Home Occupation Permits. Unless modified through discretionary review pursuant to subsection B. of this section, the applicant of a ministerial or discretionary home occupation and/or the operator of a home occupation shall, upon approval of a ministerial or discretionary home occupation permit, ensure that the activity conducted by the home occupation complies at all time with all of the following conditions:

1.

Upon a determination of approval for any home occupation permit, the applicant shall within ten business days from approval execute and deliver to the director an affidavit of acceptance of conditions on a form to be provided by the planning and community preservation department;

2.

The use shall not generate any pedestrian or vehicular traffic nor impact street parking or public parking facilities;

3.

In no way shall the appearance of any structure or the conduct of the business be such that any portion of the premises may be reasonably recognized as serving a nonresidential use, either by color, form, or materials of construction;

4.

No visible signage, or other forms of exterior identification, which identifies the home occupation shall be installed or otherwise placed on any part of the property where the home occupation is located;

5.

The home occupation shall not create any condition pursuant to Chapter 8.16 (Site Nuisances) of this code;

6.

No more than one home occupation permit and associated annual business license shall be issued for the dwelling unit;

7.

All aspects of the home occupation shall be conducted entirely within an enclosed structure. Articles, tools, materials, merchandise, products, activities and other related items or actions produced or used in conjunction with the home occupation shall not be stored, displayed or conducted outdoors;

8.

Not more than the greater of (i) twenty-five percent of the total floor area of all structures on the property directly associated with the dwelling unit where the home occupation will occur, excluding the garage, or (ii) four hundred square feet shall be occupied for the home occupation except for a short-term rental for the sole purpose of transient occupancy for periods of no more than thirty consecutive days in which case the guest count shall not exceed two persons per bedroom.

B.

Discretionary Home Occupations. Upon the approval of a discretionary home occupation permit, the reviewing authority may add any condition or modify any of the conditions above in subsection A. of this section as may be deemed reasonable and necessary to preserve the public health, safety and general welfare.

(Ord. No. 1470, § 10, 7-9-24)

A.

Upon the determination by the director that the home occupation may be a detriment to the character of the neighborhood in which it is located, or is not operating in conformance with the provisions of this chapter and/or the conditions of approval on which the home occupation permit was granted, the director shall place the matter before the planning commission for consideration of revocation or modification.

B.

The planning commission may revoke the home occupation permit and determine that the subject use is an impermissible home occupation and an illegal use of residential property if the following findings exist:

1.

The home occupation, by virtue of its location, extent of use or other specific criteria or evidence conflicts with the purpose and intent of this chapter, and has become a detriment or otherwise inconsistent with the residential character of the neighborhood in which it is located;

2.

The home occupation is in violation of the provisions of this chapter and/or conditions of approval, as applicable;

3.

The activities deemed to be detrimental and inconsistent with the residential character cannot be corrected by curative conditions.

C.

The determination of the planning commission may be appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

(Ord. No. 1470, § 11, 7-9-24)

A.

Appeals of Director Determination. Any decision by the director pursuant to the provisions of this chapter may be appealed to the planning commission within fourteen calendar days from the date of the determination. Such appeal shall be made in writing and be accompanied by an appeal fee designated in the city of Sierra Madre fee schedule. Upon the receipt of an appeal, the director shall notify all concerned parties and schedule the appeal for the first available planning commission meeting. The determination of the planning commission shall be final unless appealed to the city council pursuant to the provisions of the Sierra Madre Municipal Code.

B.

Referral to Planning Commission. If the director referred the application for home occupation to the planning commission pursuant to subsection B. of Section 17.85.080, then the decision of the planning commission may be appealed to the city council in accordance with Chapter 17.66 of this code.

(Ord. No. 1470, § 12, 7-9-24)