Additional planning info.doc

7/28/2019 Additional planning info.doc

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An application for permission to conduct a home occupation shall be made by submitting

a completed home occupation questionnaire with the Registration Form for a Business

Tax Certificate as referenced in Chapter 8 of this Code. The Planning and BuildingDepartment Director shall have the authority to investigate, review, hear and determine

all such applications and questionnaires, and shall have the authority to determine if the

applicant and the premises upon which the activity is to be conducted fully meet the mostrestrictive interpretation of the criteria hereinafter established for the conduct of a home

occupation:

(a) The home occupation shall be clearly incidental and secondary to the use

of the structure for dwelling purposes and the home occupation shall not change orotherwise affect the residential character of the premises.

(b) The home occupation shall be conducted entirely within a fully enclosed

structure, except when the home occupation involves the growing of flowers or

ornamental plants.

(c) The home occupation shall involve no more than one room within a

structure and the activity cannot occupy more than one hundred square feet of said room.

No home occupation shall occupy any garage space which is required under this Code.

(d) If more than one home occupation is conducted within a residence, thetotal floor area for all such occupations together shall not exceed one hundred square feet.

No merchandise, samples or articles pertaining to the home occupation shall be stored

other than within the one hundred square feet allocated to the occupation.

(e) No structural, electrical or plumbing alteration or enlargement to premises

shall be made when such is related to the home occupation.

(f) No person other than a permanent resident of the subject premises shall be

employed in the home occupation.

(g) The home occupation shall not generate any vehicular or pedestrian trafficto the residence which is more than would normally be associated with a residential use.

(h) The home occupation will not require additional on-site parking spaces.

(i) No sales or delivery of merchandise to a customer shall occur on the

premises of the home occupation, except when the merchandise is wholly fabricated onthe premises.

(j) 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 and/or property owners.


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(k) No motor other than an electrically operated motor shall be used in

connection with the home occupation. The total horsepower of said motors shall not

exceed one-half horsepower in all.

(l) No equipment or process shall be utilized that causes electrical or

reception interference to televisions or radios of neighboring residences.

(m) No commercial telephone directory, newspaper, magazine, radio or

television advertisement shall specifically state the residential address. Patrons mayarrive at the residence on a prior appointment basis made by telephone.

(n) No home occupation in a rented or leased residential unit shall occur

without the written authorization of the property owner or apartment management.

(o) For child care in a home, no enclosed playground facilities shall beconstructed in any front yard or street side yard, nor shall any other alteration be made to

the appearance of the residence as may be seen from any public street that will create a

recognizable distinction between the child care use of the subject property from otherresidences in the neighborhood.

Home Occupation. Determination.

Within ten working days of the receipt of the home occupation questionnaire and

a copy of the business tax certificate registration form from the City Finance Director, the

Planning and Building Department Director, or his or her designee, shall determinewhether the proposed activity fully complies with the criteria established herein for the

conduct of a home occupation. If the determination is that all conditions and criteria

cannot be fully met, the applicant and the City Finance Director, or his or her designee,shall be notified of the denial in writing, such notice being mailed or delivered within

said ten days. The notice of denial shall cite the reasons for such determination.

If a request for a home occupation is approved, the Planning and Building

Department Director may impose additional conditions and limitations upon suchapproval to ensure that the home occupation shall fully comply with the criteria

established for same.

The Planning and Building Department Director may lessen or waive certain

home occupation restrictions to permit a handicapped person to conduct an occupation inhis/her residence, if the nature of the handicap appreciably hinders or prevents the person

from otherwise working in a commercial location.


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Home Occupation. Decision of Planning Commission.

No more than forty calendar days following the close of its deliberations on matter, the

Planning Commission shall announce its decision. The Commission shall announce its

findings and determination by formal resolution and said resolution shall recite amongother things the facts and reasons which, in the opinion of the Commission, make the

denial of the home occupation necessary to carry out the provisions of this Article and the

general purpose of this Chapter; and, if the Commission determines that the home

occupation be permitted, the resolution shall recite such conditions and limitations theCommission determines should be imposed to serve the purpose of this Chapter and shall

contain findings which specifically recite how the requirements set forth in Section 12-

17.4 have been met.

Home Occupation. Prohibitions.

A home occupation under this Code shall not include a trade, business service,

store, profession, manufacture or fabrication which consists of the following activities:

(a) Vehicle servicing, repair, washing or storage, including but not limited to

cars, trucks, boats, motorcycles or bicycles.

(b) Manufacture, assembly, repair or refinishing of appliances, furniture or

other machinery.

(c) Carpentry, plumbing or electrical contracting, and the like, if materials,

equipment and/or commercial vehicles are maintained on the premises.

(d) Machine or cabinetry shops.

(e) Manufacture, packing, preparation and/or catering of meals or food items.

(f) The manufacture of garments from pre-cut materials for order or sales by

an off-sale jobber, contractor, wholesaler or retailer.

(g) Child care, if the number of children exceeds six or more at any one time,

inclusive of children who are permanent residents of the home. A small family day carehome operator can provide care for more than six children up to a maximum of eight if at

least two of the children are at least six years of age and no more than two infants are

cared for during any time when more than six children are cared for. Additionally, the

licensee must notify each parent that the facility is caring for two additional schoolagechildren, that there may be up to seven or eight children in the home at one time and the

licensee obtains written consent of the property owner when the family day care home isoperated on property that is leased or rented. Exception: A child care facility not

exceeding fourteen children in a one-family dwelling may be permitted pursuant to the

provisions of Section 12-17.10 of this Article.


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(h) Music, art, dance or tutorial lessons, and the like, if the number of students

exceeds two at any one time.

(i) Swimming pool maintenance, when such service requires the storage ofchlorine or other chemicals.

(j) Raising poultry or livestock.

(k) Sale, retail or wholesale including mail order, of ammunition, firearms,

explosives or fireworks.

Large Family Child Care Facility. Provisions.

A resident may operate a large family child care facility for nine to fourteen childreninclusive of resident children when there is not another lot that contains a large family

child care facility within a one thousand foot radius of the proposed facility. The child

care facility must be the residence of the child care provider and must be incidental andsecondary to the residential use of the property.

A large family child care home operator can provide care for more than twelve

children up to a maximum of fourteen if at least two of the children are at least six years

of age and no more than three infants are cared for during any time when more thantwelve children are being cared for. Additionally, the licensee must notify each parent

that the facility is caring for two additional school-age children, that there may be up to

thirteen or fourteen children in the home at one time and the licensee obtains writtenconsent of the property owner when the family child care home is operated on property

that is leased or rented.

The following criteria must be met at the time of issuance of a business tax

certificate for a large family child care facility:

(1) At least one on-site parking space shall be made available during childcare hours of operation for any assistant provider or caregiver that is not a resident of the

subject family child care home.

(2) Reasonable efforts shall be made to reduce noise impacts on surrounding

properties such as installing dense landscaping, solid fencing six feet in height aroundoutside play areas or location of play areas a suitable distance away from adjacent

residential buildings.

(3) There shall exist a safe area for vehicle drop-off and pick-up of children.

The residential driveway may be used as the drop-off/pick-up area. However, at no timeshall the large family child care facility use result in cars blocking any neighbors

driveway.


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(4) Any permanently installed playground apparatus (swings, jungle gym,;

etc.) that contain a height greater than fourteen feet shall conform to setback requirements

for a two-story accessory structure in the specified residential zone. Swimming pools,spas, ponds, fountains and other bodies of water shall be made inaccessible to children.

(5) Outdoor play time shall be limited to the hours of nine a.m. to six p.m.

(6) There shall be no sound amplification devices used in outdoor play or

activity areas.

(7) The large family child care facility provider shall maintain a currentBusiness Tax Certificate Fee as required by the City of Inglewood.

Applications for large family child care facilities, for nine to fourteen children

inclusive of resident children, must be filed with the Planning and Building Department

Director who shall mail notification about the application to all property owners within

three hundred feet of the subject site informing them of the specifics of the proposedfacility, their right to request an administrative public hearing and the procedures for

filing an appeal.

In the event an affected person files a letter requesting a hearing with the Director

within ten days of the mailing of the notice, the Director shall conduct a hearing

according to the procedures for a zone adjustment administrative hearing. The hearing

shall be conducted for the purpose of determining if the proposed facility satisfiesapplicable requirements for a home occupation and if the hours of operation, generated

noise, street traffic and circulation, or concentration of facilities in a neighborhood should

require modifications to the size or operation of the facility.

An application for a large child care facility permit shall pay an application feeequal to the zone adjustment fee specified in Article 29 of this Chapter. The applicant

shall also pay for the notification sent to all property owners within three hundred feed of

the subject site regarding the proposed large family child care facility. Any party,requesting an administrative public hearing or appealing the Directors decision on

permit shall pay a fee equal to one-half of the application fee.

An appeal from the Directors decision shall be heard by the Planning

Commission whose decision will be final.

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Additional planning info.doc