9-10-5 HOME OCCUPATIONS

A. Purpose: It is the purpose and intent of this section to allow persons residing (either fulltime or part-time) in dwellings to use their mental or physical expertise and talent in providing a service, developing a product for sale to the public, operating certain kinds of small businesses or maintaining a professional or business office work space in the dwelling, or in an attached or detached garage or accessory building, or yard space, while at the same time maintaining the peace, quiet and domestic tranquility within all residential areas of the town. The Town recognizes that many professional services (such as snow removal and bulk water hauling) are needed for the property functionality of a mountain resort town, and it is in the best interest of the Town and its residents to allow such services to operate from a residential zone in order to increase the likelihood that such services will be offered locally so long as they don’t materially alter the character of the zone. Notwithstanding the Town’s willingness to consider allowing these services and businesses to be operated as home occupation in residential zones, all home occupations shall be clearly accessory and subordinate to the principal use of the property for dwelling purposes. (amd. ord. 21-001, 1-12-21) B. Permitted Standards For Home Occupations When Conducted Entirely Within Residence: The following standards shall be observed in the operation of all home occupations to be approved by Town staff: 1. The home occupation shall be conducted primarily by residents (either full-time or part-time) of the premises. A home occupation may have employees; however, only one employee who does not live in the home may come to the home at any one time for purposes of employment. One additional off-street parking stall shall be provided for any employee coming to the home who is not a resident of the premises. (amd. ord. 21-001, 1-12-21) 2. The home occupation shall not physically change the dwelling or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, yard, or neighborhood. 3. The home occupation shall be allowed one nameplate sign, which shall be consistent with chapter14 of this title. Temporary signs shall not be permitted for home occupations. 4. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located, as determined by the Zoning Administrator and appropriate regulatory authorities. "Occupancy load", as defined by the currently adopted building code, shall not be exceeded. 5. The home occupation shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential use, as determined by the Zoning Administrator and appropriate regulatory authorities. 6. Sale of commodities produced on the premises shall be permitted. The sale of all commodities shall be by prior individual invitation only. 7. Home occupations shall conform to business license requirements of title 3 of the Town Code. 8. There shall be complete conformity with all applicable Town, County, State and Federal laws and ordinances C. Conditional Use Standards For Home Occupations Using Attached Or Detached Garages, Accessory Structures Or Yard Space: The following standards shall be observed in the operation of all home occupations using garages, other accessory structures or yard space, which shall be approved by conditional use, in addition to the standards specified in subsection B of this section: 1. An occupation may be considered as a conditional use only under the following conditions: a. The Planning Commission finds that the proposed home occupation will be clearly accessory and subordinate to the principal use of the property for dwelling purposes; and b. The Planning Commission finds that the proposed home occupation will not adversely affect the residential nature and aesthetic quality of the neighborhood; and; c. Any off-street parking displaced by the home occupation is relocated elsewhere on the lot or parcel; and d. The Planning Commission may impose any conditions it deems necessary to mitigate impacts of the home occupation on the neighborhood. 2. In determining whether to grant a conditional use approval for the use of an attached or detached garage, accessory structure or yard space for a home occupation, the Planning Commission shall consider the effect of such use on the residential character of the property upon which the home occupation is proposed to be located. In making a determination, the Planning Commission may consider factors including, but not limited to: a. Displacement of normally residential functions of yard space and building or structure usage. b. The potential for generation of noise, dust, vapors, fumes, odors and light. c. The potential for generation of excess traffic. d. The potential impact of the proposed home occupation on the aesthetic quality of the neighborhood and the property upon which the home occupation is proposed to be located. 3. Due to the special nature of home occupations, their potential to create adverse impacts to the neighborhood, and the potential for significant unforeseen impacts to occur, the Planning Commission reserves the right to review any home occupation granted conditional use approval pursuant to this subsection. The conditional use permit for the home occupation may be reviewed and modified or revoked by the Planning Commission due to failure of the owner or operator of the home occupation to observe all conditions specified in issuing the permit; failure to observe the purpose and intent of this section or other requirements of this title in regard to the maintenance of improvements and conduct of the home occupation as approved; or significant unforeseen impacts resulting from the operation of the home occupation in conflict with the purpose and intent of this section and as explained in the application. D. Permitted Uses: Home occupations which may be considered under section B of this section may include the following uses, or uses which are similar in character, origin or impact, as determined by the Building Official/Zoning Administrator: Animal grooming services conducted entirely within the home. Architectural service. Artist, author. Barber shop, beauty service. Childcare services in compliance with state and federal standards. Consulting service. Craft sale. Dance studio; aerobic exercise, music lessons, tutoring and general educational instruction. Data processing, computer programming. Direct sales distribution. Food preparation in compliance with state and federal standards. Garden plants and produce. Home crafts. Insurance sales or broker. Interior design. Janitorial service. Mail order (not including retail sales from site). Real estate sales or broker. Sales representative. E. Conditional Uses: Home occupations which shall be considered under subsection C of this section include the following uses, or uses which are similar in character, origin or impact, as determined by the Building Official/Zoning Administrator: (2010 Code, amd ord. 21-001, 1-21-21) Agricultural uses (not involving the keeping of animals) that use more than twentyfive percent (25%) of the area of the lot when the lot is less than one acre in size. (2010 Code, amd ord. 21-001, 1-12-21) Kennel, animal hospital. Machine shop. Light Manufacturing. Secondhand shops and pawnshops. Storage and warehousing. Uses which involve the storage, display or repair of motor vehicles, or body and fender work on such vehicles. (ord. 08-016, 8-12-2008) Snow Removal Services (ord. 15-018, 12-8-2015) Water Transport Services (ord. 15-018, 12-8-2015) (amd. ord. 17-004, 7-11-2017).