| 7/24/2006 9:14:00 AM | Email this article • Print this article | City codes regulate neighborhood businesses
by Ali Helgoth
Mail Staff Writer
When a person works out of his or her home, minding one's business requires more than an entrepreneurial spirit - it takes a permit, too.
A conditional use permit is required for most business owners to operate from their homes in Salida. The city land use code stipulates where businesses can be located based upon zoning.
The city is zoned into residential and commercial areas, with regulations for five different residential areas, two commercial areas and one industrial area.
Codes dictate what is and is not allowed in each zone.
Zoning helps ensure quality of life in residential neighborhoods, Salida Planner Dara MacDonald said.
Residents should be able to have a certain expectation as to what their neighborhood will be like in terms of noise, disturbances and traffic, MacDonald said.
Monitoring businesses in residential neighborhoods helps ensure the quality of life residents expect, she said.
Those who work from home are divided into two groups - those with home occupations and those with home businesses and each has different regulations.
Home occupations are allowed in each zone without obtaining a permit and home businesses are allowed with a conditional use permit in each zone, according to municipal code.
A home occupation is when business is conducted within a residential neighborhood and patrons are not served on the premises, except in an incidental manner.
It can be staffed only by those who live on the premises and one additional employee who lives elsewhere.
A home business is when business is conducted in a residential neighborhood and patrons are served on the premises.
In addition to those who live on the premises, a home business can be staffed by as many as three people.
In each instance, parking must be made available to workers, one space for each, in addition to parking required for residential use of the home.
To obtain a conditional use permit, the person must meet with the Salida Planning Commission, MacDonald said.
Those who don't obtain the proper permit can face time in court and fines.
Salida Code Enforcement Officer Ross Hubbard said he either learns of those in violation of the code via complaints from neighbors or things he notices while he is on patrol.
Enforcing this type of code infraction is different from some others because Hubbard must conduct research to determine if a home business is in violation of the code, he said.
He researches records at city hall to verify the business doesn't have a permit or was lawful at the time of development before a notice is given, he said.
If a business does not have the necessary permit, notice is given to the homeowner that the business is in violation and must be remedied within a certain time frame, determined by municipal code, Hubbard said.
If the homeowner doesn't comply, a summons is issued to municipal court where the owner faces fines determined by the judge, based upon code, he said.
Although violations are not widespread, they are occurring within the city, he said.
After the permit is obtained, there are other codes home business owners must consider, including those involving noise, parking and signs, he said.
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