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Last modified
8/19/2021 3:20:05 PM
Creation date
8/19/2021 3:19:51 PM
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Ordinances
Ordinance Number
2020-010
Adopted Date
08/17/2021
Agenda Item Number
10.A.1.
Ordinance Type
Development and Zoning
State Filed Date
08\19\2021
Entity Name
Home Occupation Preemption
Code Number
911, 912
Subject
Amending the Code to be consistent with HB 403 which preempts local governments
from regulating certain types of homebased businesses
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employed under the home occupation, but only for off -premise conduct of <br />the home occupation. In such cases, no more than two (2) non-resident <br />employees shall be allowed to park their vehicles or meet on the home <br />occupation premises. <br />6. Level of activity. The use of the dwelling unit for the home occupation <br />shall be clearly incidental and subordinate to its use for residential <br />purposes by its occupants, and shall under no circumstances change the <br />residential character thereof. <br />7. Parking. Parking generated by the conduct of such home occupation <br />shall be met off the street. <br />8. Equipment processes. No equipment or process shall be used in such <br />home occupations which creates noise, vibration, glare, fumes, odors, or <br />electrical interference detectable to the normal senses off the premises. In <br />the case of electrical interference, no equipment or process shall be used <br />which creates visual or audible interference in any radio or television <br />receivers off the premises. <br />9. Signs. No signs accessory to such home occupation shall be displayed <br />except as permitted or authorized by applicable county sign regulations. <br />10. Licenses, permits. A home occupation shall be subject to all applicable <br />licenses and permits. <br />(E) Application and fees. Except as set forth in subsection (G) below, any Any <br />person desiring to establish a home occupation, as authorized herein, shall <br />submit an application for a home occupation permit to the planning division. The <br />application shall be on a form provided by the planning division and shall include <br />all information required for a complete application. All such applications shall also <br />be accompanied by a fee, as established by the board of county commissioners. <br />Applications shall be approved, approved with conditions, or denied by the <br />community development director. <br />(F) Appeal of community development director decisions. The community <br />development director's decision on a home occupation application may be <br />appealed within ten (10) working days of the date the decision is rendered. Any <br />appeal may be made by an applicant or affected party. Any valid appeal must be <br />received in writing by the planning division within ten (10) working days of the <br />director's decision. The appeal shall state what aspect of the decision is being <br />appealed and the reasons for and justification for the appeal with specific <br />reference to the regulations and requirements of this subsection. The appeal <br />shall be heard by the planning and zoning commission. Decisions of the planning <br />and zoning commission may be appealed to the board of county commissioners. <br />
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