Chapter 17.61
HOME OCCUPATIONS
Sections:
17.61.010 Statement of purpose.
17.61.020 Home occupation defined.
17.61.040 Permit application and procedure.
17.61.070 Criteria for approval.
17.61.080 Appeals concerning the issuance or denial of a home occupation permit.
17.61.085 Revocation of permit.
17.61.095 Enforcement procedures—Notice to correct.
17.61.010 Statement of purpose.
It is the purpose of this chapter to recognize the residence as a viable location for certain types of occupations and to ensure the compatibility of home occupations with principal residential uses, protecting the integrity and character of the neighborhood by minimizing negative impacts of commercial uses being conducted in residential areas. (Ord. 804 § 1 (part), 1994)
17.61.020 Home occupation defined.
“Home occupation” means any business-related use carried on within a residential structure or accessory structure thereto, primarily by the residents thereof, which use is secondary to the residential use of the structure. The home occupation must not substantially or materially change the residential character of the surrounding neighborhood. (Ord. 858 § 14(1) (part), 1997)
17.61.030 Permit required.
No person shall conduct a home occupation without first obtaining a permit from the director of planning, inspections and permitting or designee. The home occupation permit is personal to the resident named on the permit and for the occupation to be conducted at the location stated on the permit. The permit is not transferable. (Ord. 858 § 14(1) (part), 1997)
17.61.040 Permit application and procedure.
Application for a home occupation permit shall be made to the planning, inspections and permitting department on a form provided by the planning, inspections and permitting department. A home occupancy permit shall be issued where the director of planning, inspections and permitting or designee finds that the home occupation applied for can be conducted pursuant to Section 17.61.070. (Ord. 858 § 14(1) (part), 1997)
17.61.050 Business license.
If a business license is required for the occupation to operate within the city, the home occupation may not begin operation until a business license has been obtained as required by Chapter 5.04. (Ord. 858 § 14(1) (part), 1997)
17.61.060 Fees.
Upon planning, inspections and permitting department approval of the home occupation permit, the applicant shall pay the designated current fee amount established to cover administrative cost, as well as any other applicable fees established by other city resolution. (Ord. 858 § 14(1) (part), 1997)
17.61.070 Criteria for approval.
Home occupations shall meet all of the following criteria in order to be approved.
A. Storage.
1. Storage, operation or display of materials, goods, supplies or equipment, other than office equipment and supplies located inside the residential structure, related to the operation of a home occupation may not be visible from outside of the residence;
2. On-site storage of hazardous materials (including toxic, explosive, combustible or flammable) associated with the home occupation is prohibited;
3. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation may not exceed 25 percent of floor area of the dwelling unit. Rooms used for both residential uses and the home occupation use shall be considered dedicated to the home occupation for purposes of this calculation.
B. Employees/Clients.
1. Employment is limited to the resident occupant permit holder, other resident occupants and no more than 2 non-resident employees on-site. The home occupation may not have more nonresident employees than resident employees.
2. The number of clients that can be present at the residence is limited to 2 at any one time, and not to exceed a maximum of 8 per day. Clients are permitted at the home occupation business location only on weekdays from seven a.m. to ten p.m. and on weekends from eight a.m. to six p.m.
C. Vehicles/Parking.
1. One commercial vehicle is allowed, not to exceed 1-ton capacity. Regardless of the number of home occupations at a residence, only 2 additional vehicles (including commercial, employee and client vehicles) can be present at any one time. Off-street parking space shall be provided for any such vehicle associated with the home occupation.
2. There shall be no commercial deliveries from or to the home occupation premises beyond what is normally incidental to residential uses. “Normal residential deliveries” can be defined as typically being no more than 1 per day, during normal business hours of eight a.m. to six p.m.
D. Signage. One attached wall, suspended or projecting nameplate sign not to exceed 1 square foot of area and pertaining directly to the particular home occupation is allowed subject to any permits required by the sign ordinance.
E. Nuisances. No activity which produces noise, smoke, odors, glare, electrical interference, or vibrations discernible beyond the site is allowed.
F. Other Conditions. The director of planning, inspections and permitting may place additional conditions on the permit in order to carry out the intent of this chapter. (Ord. 858 § 14(2), 1997; Ord. 804 § 1 (part), 1994)
17.61.080 Appeals concerning the issuance or denial of a home occupation permit.
The decision of the planning, inspections and permitting department concerning the issuance or denial of a home occupation permit shall be final unless an appeal is submitted in writing to the director of planning, inspections and permitting accompanied by the current nonrefundable home occupation permit appeal fee, and is filed within 10 days of the decision. The appeal shall be heard by the planning commission. The planning commission may attach such conditions as it deems necessary to the issuance of such a permit to ensure compliance with the intent of this section. The decision of the planning commission may be appealed to the city council within 10 days of the decision. The appeal shall be submitted in writing to the city clerk, accompanied by the current non-refundable home occupation permit appeal fee. (Ord. 858 § (1) (part), 1997)
17.61.085 Revocation of permit.
A home occupancy permit may be revoked or modified by the director of planning, inspections and permitting if any of the criteria for approval listed at Section 17.61.070 are not met by the home occupancy. (Ord. 858 § (3) (part), 1997)
17.61.090 Enforcement.
A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive, of the Folsom Municipal Code.
B. The director of the department of planning, inspections and permitting and the code enforcement officer shall enforce the provisions of this chapter. (Ord. 858 § (1) (part), 1997)
17.61.093 Penalties.
The penalties set forth in Section 17.03.020 of this title shall not apply and the following penalties shall be applicable for any violation of this chapter:
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.
C. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of this chapter shall be deemed a Level C violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(3). (Ord. 858 § (3) (part), 1997)
17.61.095 Enforcement procedures—Notice to correct.
A. Prior to the suspension, revocation or denial of any license or permit, or the assessment of any fee, penalty or charge, or the commencement of any other enforcement action pursuant to this chapter, the director of the department of planning, inspections and permitting and the code enforcement officer shall follow the procedures set forth in Sections 1.09.020 through 1.09.048, inclusive, of the Folsom Municipal Code. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, of the Folsom Municipal Code shall apply.
B. A notice to correct shall be served in accordance with the provisions of Section 1.09.023. (Ord. 858 § 3 (part), 1997)
17.61.100 Time limit.
All home occupation permits shall be valid for a period of 1 year from the initial date of approval. Requests for renewal shall be submitted to the finance department in writing on a form sent to the applicant, accompanied with the appropriate fee. If the use continues to meet the then current criteria, the permit may be renewed. (Ord. 858 § 1 (part), 1997)