Menifee Zoning Code Ch. 9.255 Home Occupation and Home-Based Businesses

Contents:

9.255.010 Purpose

9.255.020 Applicability

9.255.030 Business Registration and Approval Process

9.255.040 Development Standards

9.255.050 Limitations on Specific Home-Based Businesses

9.255.060 Prohibited Home Occupations

The regulations contained in this chapter are to ensure the compatibility of home occupations and home-based businesses with the principal residential uses in order to protect the integrity and character of neighborhoods.

The following standards apply to all home occupations and home-based business uses.

1. Permit Required. A home-based business or home occupation shall not commence operation prior to being approved under Chapter 9.55 (Home Occupation and Home-Based Business Permits) of this ordinance.
2. License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.

Home occupations and Home-based businesses shall be subject to the following limitations and performance standards. All of the following standards are calculated and/or applied based on a single residence.

1. Number of Businesses.

2. There is a limit of two home occupations per residence.

3. There shall be not more than 1 home-based business on any property.

4. Employees.

5. Home occupations are limited to only resident employees on the site of a home occupation except for beauty shops and day care uses (large) which may have 1 non-resident employee on the property at any one time.

6. Home-based businesses may have not more than one non-resident employee on the site at any one time.

7. Where non-resident employees are anticipated, one additional parking space shall be provided.

8. Minimum Lot Size.

9. There is no minimum lot size for home occupations.

10. Home-based businesses require a minimum lot size of 1 acre.

11. Habitable Floor Area. The use of the dwelling for the home occupation or home-based business shall be clearly incidental and subordinate to its use for residential purposes, but in no case shall it exceed 25 percent of the total floor area on the property.

12. Off-site Effects. No mechanical equipment or operation shall be used which creates or makes dust, odor, vibration or other effects detectable at the property line. Noise shall comply with the City’s noise ordinance. No process shall be used which is hazardous to public health, safety, morals or welfare.

13. On-site Sales. No products shall be sold on the premises except the artist’s originals or products individually made to order on the premises.

14. On-site Production. Products that are not the artist's originals or individually made to order may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

15. Display. Products produced by occupants of the dwelling shall not be displayed so as to be visible in any manner from the outside of the dwelling unit.

16. Storage. There shall be no outdoor storage or display of business related materials, and storage shall not utilize a required parking space (e.g., within a required garage).

17. Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning) are not permitted to store the chemicals on-site.

18. Signs. No signs other than one unlighted identification sign, not more than 2 square feet in area, shall be erected on the premises. No signs shall be placed within 10 feet of the right-of-way. Vehicle with commercial signage other than signage required by State law are not allowed in the front setback.

19. Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district, nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet. Commercial vehicles are not allowed to be stored in the front yard setback, excluding driveways.

20. Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, and shall be limited to the hours of 8:00 a.m. to 7:00 p.m.

21. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, or USPS-type home pickups and deliveries.

1. Massage. Certified massage practitioners are permitted if all the following criteria are met:

2. Only one client is on-site at a time and by appointment only.

3. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Postsecondary Education).

4. The use will not be conducted in such a fashion as to constitute a public nuisance.

5. Mobile Food Vendor. Mobile food vendor vehicles cannot be parked at a private residence.

6. Taxicab, Limousine or Pedicab. Taxicab, limousine or pedicab services (not including ridesharing services) shall not be on-call and available for service. No vehicle shall be dispatched from the residence by radio, telephone or other means. Up to 1 vehicle used for such use may be parked at the residence when not in service. There shall be no fleet vehicle storage.

The following businesses are prohibited to operate as a home occupation or home-based business within the city:

1. Adult entertainment businesses
2. Alcohol beverage manufacturing or sales business
3. Ambulance service
4. Ammunition reloading, including custom reloading
5. Boardinghouse, timeshare condominium
6. Ceramics (involving kiln of 6 cubic feet or more)
7. Firearms sales, except as allowed by State or Federal law.
8. Health salons, gyms, dance studios, aerobic exercise studios
9. Medical, dental, chiropractic or veterinary clinics
10. Mortician, hearse service
11. Noncertified massage practitioners
12. Palm-reading, fortune-telling
13. Private clubs
14. Repair or reconditioning of motor vehicles
15. Retail sales from site (except direct distribution of artist’s originals)
16. Storage, repair or reconditioning of major household appliances
17. Storage, repair or reconditioning of motorized vehicles or large equipment on-site
18. Tattoo and piercing service
19. Tow truck service