Chapter 17.108 — HOME OCCUPANCY PERMITS

The provisions of this chapter allow for conducting home-based occupations which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling. (Prior code § 159.54.010; Ord. 696 11-19-19)

• A. Conducting a home occupation requires the approval of the Director who may establish conditions to further the intent of this chapter. An application for a Home Occupation Permit shall be on a form prescribed by the Director and shall be filed with the Department pursuant to Chapter 17.68 (Applications and Fees).

• B. No Home Occupation Permit shall be required for an in-home educational activity, including, but not limited to, music lessons, academic tutoring, or religious instruction, provided that no more than 5 students are present at any 1 time, and the use complies with all of the operating standards outlined below.

(Prior code § 159.54.020; Ord. 696 11-19-19)

Home occupations shall comply with all of the following operating standards:

• A. No home occupation shall alter the appearance of the dwelling unit;

• B. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

• C. No vehicles with commercial advertisements are stored where visible from a public right-of-way;

• D. No signs other than the address and name of the resident shall be permitted;

• E. No advertising which identifies the home occupation by street address shall be permitted;

• F. In the course of doing business, no employees or customers appear at the home address to transact business;

• G. A limit of 1 vehicle no larger than a 3/4 ton truck may be used by the occupant directly or indirectly in connection with a home occupation;

• H. Home occupations shall not encroach into any required parking, setback, or open space areas;

• I. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

• J. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

• K. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

• L. Only the occupants of the dwelling may be engaged in the home occupation;

• M. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises;

• N. The home occupation shall not generate pedestrian or vehicular traffic in excess of that ordinarily associated with the land use district in which it is located;

• O. No home occupation shall be initiated until a current business license is obtained, pursuant to the Desert Hot Springs Municipal Code;

• P. Home occupation permits shall not be transferable;

• Q. There shall be no more than 1 home occupation in any dwelling unit;

• R. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit; and

• S. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this chapter.

• (Prior code § 159.54.030; Ord. 696 11-19-19)

The following are examples of uses that are not incidental to nor compatible with residential activities, and are prohibited:

• A. Barber and beauty shop;

• B. Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

• C. Carpentry and cabinet making;

• D. Medical and dental offices, clinics, and laboratories;

• E. Mini-storage;

• F. Repair, fix-it, or plumbing shops;

• G. Storage of equipment, materials, and other accessories to the construction and service trades;

• H. Vehicle repair (body or mechanical), upholstery, and painting;

• I. Manufacturing, warehousing and distribution;

• J. Welding and machining; and

• K. Any other use determined by the Director to be not incidental nor compatible with residential activities.

(Prior code § 159.54.040; Ord. 696 11-19-19)

Microenterprise home kitchen operations (“MEHKO”), as defined by the Health and Safety Code , may operate within the City only under the following conditions:

• A. The MEHKO is duly permitted by the County of Riverside;

• B. The MEHKO complies with the operating standards under Section 17.108.030 , except for the following subsections:

  1. 17.108.030(F),

  2. 17.108.030(I),

  3. 17.108.030(L),

  4. 17.108.030(M),

  5. 17.108.030(P),

  6. 17.108.030(Q),

  7. 17.108.030(R), and

  8. 17.108.030(S).

• C. Onsite consumption of food is permitted pursuant to Health and Safety Code Sections 113825 and 114367.2 ;

• D. The MEHKO complies with all applicable sections of this code, including, but not limited to, the following:

  1. Title 4, Code Enforcement,

  2. Title 5, Business Licenses and Regulations,

  3. Title 10, Vehicles and Traffic, and

  4. Chapter 8.12 , Noise Control.

• (Ord. 696 11-19-19)

A Home Occupation Permit may be revoked or modified by the Director if any one of the following findings can be made:

• A. That the use has become detrimental to the public health, safety, or traffic, or constitutes a nuisance;

• B. That the permit was obtained by misrepresentation or fraud;

• C. That the use for which the permit was granted has ceased or was suspended for 6 or more consecutive calendar months;

• D. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this chapter;

• E. That one or more of the conditions of the Home Occupation Permit have not been met; or

• F. That the use is in violation of any statute, ordinance, law, or regulation. (Prior code § 159.54.050; Ord. 696 11-19-19)