A. Purpose And Intent: The purpose of these regulations is to permit home based businesses which are not intensive nor intrusive and which will not change the character of residential areas.
B. Types Of Home Based Businesses Permitted:
1. Home Based Business, Class 1: A commercial use which is clearly incidental and secondary to the use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of a family who resides on the premises. No customer visits to the residence are allowed in conjunction with a home based business, class 1.
a. Types Of Businesses: Examples of home based businesses, class 1 include, but are not limited to, general offices, artists, woodworking, craft making, and childcare for up to four (4) children.
b. Business License: A home based business, class 1 shall be established by obtaining a Summit County business license.
c. Performance Standards: A home based business, class 1 must comply with the following performance standards:
(1) The use of the dwelling unit for a home based business, class 1 shall be clearly incidental and subordinate to its use for residential purposes. Any activity which results from a home based business, class 1 shall be conducted within the enclosed portion of the principal residence or accessory building.
(2) No person, other than members of the family residing on the premises, shall be engaged in the activities of the home based business, class 1.
(3) There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residential character of the building.
(4) No advertising for the home based business, class 1 on the premises is allowed, except in a mixed use development in a town or resort center and when a comprehensive sign plan has been approved which allows such signs. No advertisement of the address of the property to attract customers, clients or the public to the premises is allowed. Window areas must not be used as display areas to offer merchandise for sale.
(5) Retail sales or rentals conducted on the premises in connection with home based business, class 1 are prohibited.
(6) Home based businesses, class 1 shall not require internal or external structural alterations of the principal residence or the installation of equipment or machinery not customary in a residential area.
(7) No "open storage", as defined in chapter 11 of this title, shall be permitted in connection with a home based business, class 1 beyond the storage requirement permitted for a residential use.
(8) No pedestrian, vehicular or delivery traffic shall be generated by the home based business, class 1 in greater volume than would normally be expected in a residential area. No additional parking beyond that authorized pursuant to section 10-4-9 of this title shall be permitted.
(9) No home based business, class 1 requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturbs neighbors and alters the residential character of the premises shall be permitted.
(10) No electric devices may be used in any home based business, class 1 which may cause electrical interference or create visual and audible interference in any radio or TV receivers causing fluctuations in the line voltage off the premises.
(11) One vehicle may be allowed in conjunction with a home based business, class 1, and it shall be parked either in the driveway or other enclosed parking space, such as a garage. No other vehicles shall be allowed to be brought to, parked on, or stored on the property in conjunction with a home based business, class 1.
2. Home Based Business, Class 2: A commercial or light manufacturing use of a scale greater than home based business, class 1 due to factors such as intensity of use or clients coming to the residence, but which is still secondary to the residential use, with customers.
a. Types Of Businesses: Examples of home based businesses, class 2 include, but are not limited to, counseling services, tutoring services, and salons.
b. Low Impact Fee: A home based business, class 2 shall be established by submitting a low impact permit (refer to section 10-3-4 of this title for detailed submission requirements). All property owners within three hundred feet (300') of the proposed home based business, class 2 will be notified of the pending application. If public opposition is received within fourteen (14) days from the date of the public notice, a public hearing will be scheduled before the commission. The commission will be charged with approving, approving with conditions, or denying the low impact permit. If no public opposition is received within fourteen (14) days from the date of the public notice, the CDD or designation planning staff member may approve the low impact permit if it meets the following performance standards.
c. Performance Standards: A home based business, class 2 must comply with the following performance standards:
(1) The use of the dwelling unit for a home based business, class 2 shall be clearly incidental and subordinate to its use for residential purposes. Any activity which results from a home based business, class 2 shall be conducted within the enclosed portion of the principal residence or accessory building.
(2) There shall be no more than one employee, in addition to members of the family residing on the premises, engaged in the activities of the home occupation.
(3) There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residential character of the building.
(4) No advertising for the home occupation on the premises is allowed, except in a mixed use development in a town or resort center and when a comprehensive sign plan has been approved which allows such signs. No advertisement of the address of the property to attract customers, clients or the public to the premises is allowed. Window areas must not be used as display areas to offer merchandise for sale.
(5) Home based businesses, class 2 shall not require internal or external structural alterations of the principal residence or the installation of equipment or machinery not customary in a residential area.
(6) No "open storage", as defined in chapter 11 of this title, shall be permitted in connection with a home occupation beyond the storage requirement permitted for a residential use.
(7) Customers shall be limited to appointment only.
(8) There shall be one off street parking space provided for the home based business, class 2.
(9) No pedestrian, vehicular or delivery traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential area. No additional parking beyond that authorized pursuant to section 10-4-9 of this title shall be permitted.
(10) No home occupation requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturbs neighbors and alters the residential character of the premises shall be permitted.
(11) No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio or TV receivers causing fluctuations in the line voltage off the premises.
(12) One vehicle may be allowed in conjunction with a home based business, class 2, and it shall be parked in the driveway or other enclosed parking space, such as a garage, in addition to one car for an employee.
C. Prohibited Home Based Businesses: Prohibited home based businesses include, but are no limited to, the following occupations, professions and business activities and those of a similar nature:
1. Hospitals;
2. Animals/veterinary clinics;
3. Restaurants;
4. Auto, truck, recreation vehicle repair services;
5. Ambulance services; and
6. Auto/car sales, part sales.
D. Revocation:
1. A business license authorizing a home based business is subject to revocation upon thirty (30) days' written notification from the county if it is determined that the continued use of the home based business is contrary to public health, safety and welfare, or violates the provisions of the performance standards in this section. The notice shall be sent via certified mail to the owner's address as written on the application for the home based business permit.
2. A petition signed by fifty one percent (51%) of the property owners residing within three hundred feet (300') of the home based business may be submitted stating the alleged violation of one or more specified performance standards in this section and initiating a public hearing by the county manager to consider revoking the business license. (Ord. 708, 12-10-2008)