Fowler Municipal Code Ch. 9.50 Home Occupation Permit

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.

A home occupation shall be considered the offering of a service or conduct of a business, or handicraft manufacture of products within a lawful dwelling that is clearly incidental to the use of the structure for residential purposes, and that does not change the character of the residential use.

A. Application Filing and Processing. Applications for a Home Occupation Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). An application for a Home Occupation Permit shall be submitted concurrently with an application for a Business License in accordance with Chapter 1 of Title 3, of the Fowler Municipal Code.

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Home Occupation Permit shall be reviewed and approved by the Director. The Director is authorized to approve, amend, or deny applications for a Home Occupation Permit.

No public hearing is required prior to taking action on an application for a Home Occupation Permit.

In approving a Home Occupation Permit, the Director may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the General Plan, and justify making necessary findings.

Prior to approving a Home Occupation Permit, the Director shall make the following findings:

A. The proposed use is consistent with the adopted General Plan and any applicable Specific Plan.

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

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

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

B. The action taken by the Director.

C. Findings as listed for the permit.

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

A Home Occupation Permit shall become effective on the date of approval by the approving authority.

Actions taken on an application for a Home Occupation Permit are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

An approved Home Occupation Permit shall run concurrently with a Business License. Should the Business License failed to be renewed, the Home Occupation Permit shall expire.

No extensions of time are necessary as an approved Home Occupation Permit does not expire.

Any amendments to a Home Occupation Permit shall be handled as a new application.

Home Occupations Permits are not transferable to another property or business operator and shall be handled as a new application.

Home Occupations Permits are subject to the following requirements:

A. A home occupation shall be permitted by issuance of a home occupation permit by the Director and no business license shall be issued beforehand.

B. A home occupation shall be clearly incidental to the use of a structure as a dwelling.

C. There shall be no storage or display of equipment or products outside the dwelling or accessory structure, not inclusive of vehicles allowed under these provisions.

D. There shall be no sign of any nature identifying the home occupation.

E. No person, other than a resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation.

F. Deliveries shall not exceed those normally and reasonably occurring for a residence. Delivery of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, USPS, or similar type home pickups and deliveries.

G. Not more than one (1) vehicle of not more than one-ton capacity used in connection with the home occupation shall be kept on the site.

H. There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted that would reflect the existence of said home occupation.

I. No equipment or process shall be used that creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the lot if the occupation is conducted in a single-family, detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

J. The home occupation shall not involve the storage or use of hazardous materials.

K. Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.

L. The patronage of a home occupation shall not exceed an average of eight (8) patrons or customers for any calendar day.

M. Additional requirements or conditions, not less than those contained herein, may be added as deemed necessary by the Director.