PART 15  HOME OCCUPATIONSlinklink

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7.5.1501: PURPOSE:
7.5.1502: UNLAWFUL HOME OCCUPATIONS:
7.5.1503: HOME OCCUPATION PERMIT STANDARDS AND CRITERIA:
7.5.1504: ADMINISTRATIVE DETERMINATION OF HOME OCCUPATION:
7.5.1505: APPLICATION:
7.5.1506: CONDITIONS OF APPROVAL:

7.5.1501: PURPOSE: linklink


It is recognized that there is a desire by some residential dwelling unit owners or occupants, or both, to use a residence in a manner subordinate to its principal use as a residence. It is also recognized that these subordinate uses as home occupations, can increase rapidly and that such home occupations must be limited so as to not impair the use or value of the residential zone. It is the intent of this section to provide clear standards for home occupations in residential zones which will ensure compatibility with the residential purposes of the residential zones and ensure that there are no adverse effects on the residential character of the residential zone, and to not allow in residential zones those uses permitted in commercial and industrial zones except as specifically authorized by this section. The home occupation permit is a mechanism by which the City may allow a home occupation use to be located within the City. (Ord. 83-252; Ord. 86-124; Ord. 91-30; Ord. 94-107; Ord. 01-42)
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7.5.1502: UNLAWFUL HOME OCCUPATIONS: linklink

Home occupations shall be unlawful in residential zones unless all of the standards set forth in this section are met. It would be advisable to contact the Regional Building Department and the Colorado Springs Fire Department when considering any home occupation. Subtle changes in character or use can place the building into a different occupancy classification and/or set additional life safety requirements. Contact both the Regional Building Department and the Colorado Springs Fire Department to determine their requirements to satisfy the City's adopted Building and Fire Code provisions. (Ord. 94-107; Ord. 01-42)
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7.5.1503: HOME OCCUPATION PERMIT STANDARDS AND CRITERIA: linklink

The Manager may approve or modify and approve an application for a home occupation permit if the following standards and criteria are met:


A. Nuisance Or Hazard: For purposes of this section, "disturb" means to unreasonably annoy, perturb or interfere with the quiet enjoyment of another's premises. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, congestion to traffic flow, parking problem, or any other nuisance or hazard which disturbs the peace and quiet of a residential zone.


B. Residents: All persons employed by the home occupation business must reside on the premises.


C. Signs: No sign may be used other than a sign identifying the home occupation, of which sign shall not be over two (2) square feet in area and must be attached to the dwelling. There shall be no illumination of the sign. Provided, however, that an unilluminated placard, sign, or card, not over two (2) square feet in area, in compliance with Colorado Revised Statutes 25-4-1614(3)(c), may be displayed at the point of sale for any cottage foods as permitted in subsection M of this section.


D. Conduct Location Limitations: The home occupation shall be conducted only within an enclosed accessory structure, attached or detached garage, or dwelling, excluding porches, except that plants may be grown anywhere on the premises, and also excepting that the production and sale of raw, uncut, fresh produce and cottage foods may occur as permitted in subsection M of this section. The location of the conduct of the home occupation shall be limited to such location designated on the home occupation application.


E. Area Limitations: The total area used for a home occupation shall not exceed an area equivalent to one-half (1/2) the total first floor area of the user's dwelling, excluding porches. For cottage food production and sales under subsection M of this section, both the production and sales areas together cannot exceed this section.


F. Secondary Use: The home occupation shall be secondary to the residential use of the dwelling.


G. Outside Storage: No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation or tangible personal property manufactured, or plants grown as a result of the home occupation and removed from the soil shall be allowed on porches or outside of the enclosed location designated on the home occupation application, except as permitted in subsection M of this section.


H. Off Street Parking: The required off street parking areas provided for the principal use as defined in article 4, part 2 of this chapter shall not be reduced or made unusable by the home occupation.


I. Delivery: The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating (GVWR) of ten thousand (10,000) pounds or less.


J. Alteration Limitations: Interior alterations or additions to the dwelling for the purpose of accommodating the home occupation are prohibited if such alterations or additions eliminate either the kitchen, dining area, bathrooms, living room, or all of the bedrooms of the dwelling.


K. No Exterior Alterations Or New Construction: Exterior alterations or additions to any building or structure or new construction for the purpose of accommodating the home occupation are prohibited if said alterations or additions are commercial in appearance.


L. Sales: Sales on the premises shall be only by the residents of the dwelling and shall occur only in the location designated on the home occupation application. Sales on the premises shall be limited to tangible personal property manufactured in the location designated on the home occupation application or plants grown anywhere on the premises. This standard shall not preclude the sale of tangible personal property or plants off the premises.


M. Raw, Uncut Produce And Cottage Food Sales: A home occupation permit may be issued for the production and sale of raw, uncut produce and cottage foods under the following criteria:

1. Raw, uncut, fresh produce, for purposes of this subsection, shall only include produce grown on the premises, and sales shall occur only in the location designated on the home application occupation permit from a temporary stand under this subsection.

2. Cottage foods, for purposes of this subsection, are foods provided for sale directly to "informed end user" consumers as set forth in Colorado Revised Statutes section 25-4-1614(2)(b). Production and sales of cottage foods on the premises shall occur only in the location designated on the home application occupation permit or from a temporary stand under this subsection.

3. Display and sales of raw, uncut fresh produce and cottage foods from a temporary stand are permitted from April through November with an approved home occupation permit.

4. Such display and sales from a temporary stand may occur only from eight o'clock (8:00) A.M. to dusk.

5. A temporary stand may not be larger than one hundred twenty (120) square feet, and any stand structure and inventory must be removed and stored indoors during nonsale months and hours.

6. Permit details must include the location and placement of any temporary stand to ensure that it does not pose a traffic sight visibility risk; moreover, temporary stands may not be located within any public right of way.

7. Only residents of the dwelling may engage in sales activity.


N. Massage Establishments: A home occupation permit may be issued for a home based massage therapist under the following criteria:

1. All client visits be on an appointment basis with a minimum of fifteen (15) minutes of space between appointments. This should limit the number of client vehicles present on the site to one.

2. The massage therapist and the massage establishment must be properly licensed with the City Clerk's Office.


O. Prohibited Uses: The following uses by the nature of the investment or occupation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residentially zoned area for residential purposes. The uses specified below are prohibited as home occupations provided that such prohibition shall not include a telephone answering service for such uses:

1. Motor vehicle repair and/or service.

2. Barbershop which is designed to serve more than one customer at a time or serves more than one customer at a time.

3. Beauty salon which is designed to serve more than one customer at a time or serves more than one customer at a time.

4. Instruction to more than three (3) persons at a time.

5. Paint shops using spray painting equipment.

6. Medical marijuana facility, to the extent the facility is not subject to the medical marijuana exception pursuant to subsection 7.3.105P of this chapter. (Ord. 94-107; Ord. 01-42; Ord. 10-107; Ord. 16-97)

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7.5.1504: ADMINISTRATIVE DETERMINATION OF HOME OCCUPATION: linklink

Upon request for a determination of a home occupation, the Manager may make an administrative determination concerning whether a proposed use meets the standards for a home occupation as set forth in this part. Prior to making such determination, the Manager may require any information deemed necessary to make a determination under these standards. (Ord. 94-107; Ord. 01-42)
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7.5.1505: APPLICATION: linklink

Applicants for a home occupation shall submit a completed application form which contains such information as established by the Manager and complies with part 2 of this article. The application shall be reviewed administratively by the Manager who shall approve or deny the application within ten (10) working days of submittal. (Ord. 94-107; Ord. 01-42)
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7.5.1506: CONDITIONS OF APPROVAL: linklink

In the allowance of such use, the Manager, Planning Commission or City Council shall have authority to require such reasonable conditions as necessary to protect the public health, safety and general welfare and to ensure that the use, value and qualities of the neighborhood surrounding the proposed location will not be adversely affected. (Ord. 94-107; Ord. 01-42; Ord. 03-16)
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