Hesperia Municipal Code Ch. 5.44 Home Occupations

The purpose of the home occupation provisions is to permit the conduct of a home-based business for supplemental income purposes in the residential districts. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence, or the surrounding neighborhood.

(Ord. 218 § 6(a), 1995)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Any person desiring to obtain a license to operate a business as a home occupation shall submit a written application pursuant to Section 5.04.040 to the city. In addition to the information required by Section 5.04.040, the city shall prepare and mail, by first class postage, a notification to all contiguous property owners listing the name of the applicant, name of the business, address where the business shall be held, the home occupation regulations, and contact information pertaining to the filing of a complaint against the operator of a home occupation who is in violation of any provisions of this chapter. "Contiguous property" is defined as those properties that share a common boundary with the subject property, including across streets and within a three hundred (300) foot radius of the subject property.

(Ord. 218 § 6(b), 1995)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Home occupations may be permitted on property used for residential purposes, based upon the following conditions:

A. The use of the dwelling for such home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants.

B. No persons, other than members of the family who reside on the premises, shall be engaged in such activity on the site, with the exception of an employee at a cottage food establishment.

C. There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity.

D. There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the property, and the sales of products produced by a permitted cottage food establishment.

E. The use shall not allow customers or clientele to visit dwellings. However, incidental uses such as music lessons, the sale of fruits and vegetables, and the sale of food produced by a cottage food establishment, may be permitted if the intensity of such use is approved by the city.

F. A cottage food establishment shall submit a copy of a current and valid San Bernardino County Environmental Health permit, including renewals, such that the city has a current permit on file for the business at all times.

G. No equipment or processes shall be used on the property that create noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television, or wireless signal that interferes with or are disruptive to surrounding properties.

H. All required accessory uses for the primary residential use shall be maintained in good and safe condition. The garage may be used as long as no more than fifteen (15) percent of the total area of the garage is utilized for the business if such use does not obstruct required parking. Any required permits for modifications shall be obtained before modifications are made.

I. No more than fifteen (15) percent of the total square footage of the dwelling inclusive of the garage, or one room of the dwelling, whichever is less, shall be used for the home occupation.

J. The use shall not involve storage of materials outside any structures.

K. Use of the United States Postal Service in conjunction with the home occupation shall be limited to use of a post office box only.

L. No signs shall be displayed in conjunction with the home occupation, and there shall be no advertising using the home address, either on or off site.

M. The use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed a capacity of one ton, owned by the operator of such home occupation.

N. If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed, notarized statement from the owner approving such use of the dwelling must be submitted with the application.

(Ord. 218 § 6(c), 1995)

(Ord. No. 2012-15, § 3(Exh. A), 1-15-13; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, repealed § 5.44.040, which pertained to revocation of home occupation permit and derived from Ord. 218 § 6(d), 1995.