Menifee Zoning Code Ch. 9.55 Home Occupation Permit and Home-Based Business Permit

Contents:

9.55.010 Purpose

9.55.020 Applicability

9.55.030 Application and Required Fees

9.55.040 Approving Authority

9.55.050 Public Hearing and Notice

9.55.060 Standards and Conditions of Approval

9.55.070 Findings for Approval

9.55.080 Notice of Decision

9.55.090 Effective Date

9.55.100 Appeals

9.55.110 Expiration

9.55.120 Extension of Time

9.55.130 Modifications

9.55.140 Transferability

The purpose of this chapter is to establish a review procedure so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

1. Home Occupation Permit or Home-based Business Permit Required. The provisions of this chapter shall apply to the operation of home-operated businesses and occupations in residential dwellings or on residential properties. A home-operated business may be permitted as an accessory use on any residential property with a Home Occupation Permit or a Home-Based Business Permit.

2. Level of Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Home Occupation Permit or a Home-Based Business Permit.

3. Home Occupation Permit. A Home Occupation Permit shall be required if the proposed home-operated business meets all the following criteria, except as specifically exempted by this chapter:

4. All related activities are conducted entirely within the residence .

5. No non-resident employees visit the home in the course of operating the business

6. Home-Based Business Permit. A Home-Based Business Permit shall be required if the proposed home-operated business meets any of the following criteria, except as specifically exempted by this chapter:

7. Any related activities are conducted outside or within a partially enclosed structure.

8. Non-resident employees visit in the course of operating the business.

9. Prohibited Home-Operated Businesses. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home-operated businesses shall include those that do not meet the criteria of Chapter 9.255 (Home Occupation and Home-Based Business).

1. Application Filing and Processing. Applications for Home Occupation Permits and Home-Based Business Permits shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Chapter 9.30.020 (Applications and Fees).
3. Business License Required. A home-operated business shall require a City business license.
4. Owner Consent. For home-operated businesses conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit or a Home-Based Business Permit.

Applications for a Home Occupation Permit or a Home-Based Business Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Home Occupation Permit or a Home-Based Business Permit. Pursuant to Section 9.30.090 D., At any point in the review process, the Director may transfer approving authority on a Home-Based Business Permit to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.

No public hearing is required prior to action on an application for a Home Occupation Permit or a Home-Based Business Permit, unless the Home-Based Business application has been referred to the Planning Commission.

In approving a Home Occupation Permit or a Home-Based Business Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

1. Home Occupation Permit. Prior to approving an application for a Home Occupation Permit, the approving authority shall make all the following findings:

2. The proposed project is consistent with the adopted General Plan and any applicable specific plan.

3. The proposed project meets all applicable development and operational standards for development and other provisions of this Title.

4. Home-Based Business Permit. Prior to approving an application for a Home-Based Business Permit, the approving authority shall make all the following findings:

5. The proposed project is consistent with the adopted General Plan and any applicable specific plan.

6. The proposed project meets all applicable development and operational standards for development and other provisions of this Title.

7. The establishment, maintenance, or operation of the home-based business will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

1. Home Occupation Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

2. The application request as acted upon by the Director.

3. The action taken by the Director.

4. Findings as listed for the permit.

5. Home-Based Business Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

6. The application request as acted upon by the Director.

7. The action taken by the Director.

8. Findings as listed for the permit.

9. The deadlines, criteria and fees for filing an appeal.

1. Home Occupation Permit. Minor Home-Based Business Permits shall become effective on the date an approval is issued by the approving authority.
2. Home-Based Business Permit. Major Home-Based Business Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

1. Home Occupation Permit. Home Occupation Permits are ministerial and are not subject to appeal.
2. Home-Based Business Permit. Home-Based Business Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

1. Home-Based Business Permit. An approved Home Occupation Permit does not expire.
2. Home-Based Business Permit. Home-Based Business Permits shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

1. Home Occupation Permit. No extensions of time are necessary as an approved Home Occupation Permit does not expire.
2. Home-Based Business Permit. Home-Based Business Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions) are subject to appeal.

1. Home Occupation Permit. Any modification to an approved Home Occupation Permit shall be processed as a new application.
2. Home-Based Business Permit. An applicant may request a modification to an approved Home-Based Business Permit after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).

Home Occupation Permits and Home-Based Business Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license.