SECTION 9408.08. CONDITIONS.
No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions:
(a) Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code.
(b) If the person conducting the home occupation is not the owner-of-record of the premises upon which the home occupation is being conducted (“premises”), written consent from the owner-of-record shall be required prior to the issuance of any permit for the home occupation.
(c) Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the premises for residential purposes.
(d) The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein.
(e) No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.).
(f) The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of ten percent (10%) or two hundred fifty (250) square feet, other than for the parking of an automobile in accordance with the provisions of this section.
(g) No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use.
(h) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use.
(i) No sign associated with the home occupation shall be displayed at the premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises.
(j) The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law. Business cards and letterhead are not included in this requirement.
(k) No employee or person other than a verifiable permanent resident of the premises shall be allowed to work, gather, or congregate on the premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health and Safety Code Section 113758.
(l) Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this section.
(m) No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so long as such storage otherwise adheres to the provisions of this section.
(n) No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence.
(o) No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations.
(p) The home occupation use shall not have utility services other than those required for normal residence use.
(q) Only one (1) vehicle used in conjunction with a home occupation may be parked or stored at the premises subject to the following restrictions:
(1) The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the premises.
(2) The vehicle is of a passenger automobile variety or a light truck, not having a gross vehicle weight rating of more than eight thousand five hundred (8,500) pounds or exceeding twenty (20) feet in length or eighty (80) inches in width or eighty (80) inches in height. Any vehicle that is registered with the Department of Motor Vehicles as a commercial vehicle – or that otherwise constitutes a commercial vehicle as defined by California Vehicle Code Section 260, and that is used in conjunction with a home occupation at the premises – is explicitly prohibited from being parked or stored on any portion of the premises, including within the garage.
(3) The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure.
(r) The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally to be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.).
(s) Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the premises.
(t) Persons with documented physical disabilities may be permitted special review by the City Planner, by filing a written request for a waiver of one (1) or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor.
(u) The home occupation and that portion of the premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations.
(v) All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the premises by any person responsible for the enforcement of this section or any other provision of law pertaining to the home occupation between the hours of 8 a.m. and 6 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this section, or any other law, rule, or regulation applicable to the home occupation and premises. (Added by Ord. 22-1481, adopted 4-26-22)