Home Occupation License

STEPS FOR HOME OCCUPATION LICENSE


1. Fill out an application. Obtain application at Town Hall.

2. Pay a $200.00 filing fee.

3. Contact Weld County Assessor’s office at 353-3845 and get names, and mailing addresses of all persons living within a radius of two hundred (200) feet of the property described in the application. If you have access to a computer you can bring the addresses up at Weld County

4. Write a letter addressed to the Planning Commission and Board of Trustees explaining in detail your plans. Explain how your proposed home occupation will meet the Standards and Conditions of Section 17.40.030 of the Ault Municipal Code. Include your name, address, telephone number, and type of business.

5. All paperwork must be turned in to the Town Hall twenty (20) days prior to the next scheduled Planning Commission meeting. (Held on the first Wednesday of the month.)

6. Attend the Public Hearing on the scheduled Planning Commission meeting, held the first Wednesday of each month at 6:00 p.m. If the applicant fails to appear, the Planning Commission shall table the public hearing to the next regular scheduled meeting.

7. Attend the Public Hearing on the scheduled Town Board meeting for final approval or disapproval of application, held on the second Tuesday of the month.

8. If approved, on the next business day, pickup a license, and pay a $10.00 license fee to Town Hall.

9. The holder of the permit shall apply for renewal of the permit by paying a $25.00 fee no later than thirty (30) days prior to the annual anniversary of the permit.

There is a $250.00 penalty for anyone conducting a “Home Occupation” without a current permit. See Section 17.40.070of the Ault Municipal Code. Chapter 17.40HOME OCCUPATIONS

Sections:

17.40.010 Purpose of provisions

17.40.020Definition.
17.40.030Standards and conditions.
17.40.040Reserved.
17.40.050Permit application procedures.
17.40.060Permit renewal.
17.40.070Violation—Penalty.

17.40.010 Purpose of provisions.  A. The purpose of this chapter is to permit the conduct of a part-time business for supplemental income purposes in the single-family residential districts. Home occupations are limited to those uses which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence.

B. It is the intent of this chapter to eliminate as home occupations all uses except those that conform to the standards set forth in this chapter. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted in this chapter. The standards for home occupations in this chapter are intended to ensure compatibility with the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation. (Ord. 219 §1, 1977) (Editor’s Note: .§17.40.040, Nameplate permitted,was repealed by Ord. 327 §1, 1998)

17.40.020 Definition.  A “home occupation” is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit, and where no persons are employed other than resident and domestic help. The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind, and any indoor storage, construction, alterations or electrical or mechanical equipment used shall not change the fire rating of the structure or the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, telephone or garbage) so that the combined total use for dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighborhood. When a use is a home occupation, it means that the owner, lessee or other persons who have legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions which are applied to single-family residential districts zoning generally, such as off-street parking, and to all other permits required under codes, such as building permits and business licenses. (Ord. 219 §2, 1977)

17.40.030 Standards and conditions.  Home occupations are permitted accessory uses in residential zones only so long as all the following conditions are observed:

A. Such occupation shall be conducted solely by resident occupants in their residence.

B. No more than one room or twenty-five percent of the gross area of one floor of said residence; whichever is less shall be used for such purpose. Use of accessory buildings for these purposes is prohibited.

C. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.

D. No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

E. There shall be no outside storage or display of any kind related to the home occupation.

F. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.

G. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. (Ord. 219 §3, 1977)

17.40.040 Reserved.  (Ord. 327 §1, 1989)

17.40.050 Permit application procedures.  Application.

A. Application for a home occupation shall be made to the planning commission on a form provided by the planning commission, and shall be accompanied by a filing fee of two hundred dollars.

B. Scope. In cases where the planning commission considers the application not within the scope of the home occupation condition, the applicant will be so informed, whereon if the application is accepted, it shall be signed by the applicant to the effect that he was so informed.

C. Public Hearing Date and Notice.

     1. A public hearing shall be held by the planning commission on the nearest scheduled meeting date not less than twenty-one days after filing of the application.

     2. Notices shall be mailed not less than five days prior to the date of the meeting to owners of property within a radius of two hundred feet of the external boundaries of the property described in the application, using for this purpose the name and address of such owners as are shown on the latest official tax roll of Weld County or determined by the town clerk. Such notice shall contain all pertinent data related to the application.

D. Recommendations by Commission. Not later than ten days following the planning commission’s action in recommending the home occupation, a written report of the decision shall be mailed to the applicant at the address shown on the application form. A copy of said report shall also be forwarded to the town board.

E. Voiding of Permit. The planning commission may recommend that the town board void any home occupation for noncompliance with the conditions set forth in approving the permit, and the town board may void any permit granted, based upon noncompliance. (Ord. 219 §5, 1977)

17.40.060 Permit renewal.  The holder of a home occupation permit shall apply for renewal of the permit by paying a fee of twenty-five dollars not less than thirty days prior to the annual anniversary of the permit. (Ord. 219 §6, 1977)

17.40.070 Violation—Penalty.  A. Any person conducting a home occupation whether as principal, agent or otherwise without a current permit therefore shall be subject to a fine not exceeding two hundred fifty dollars for each offense, such fine to inure to the town. Each day of the existence of a violation shall be deemed a separate offense.

B. The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any provisions of this chapter is declared to be a violation of this chapter and unlawful. The town board may, upon any such violation having been called to its attention, institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of this chapter. (Ord. 219 §7, 1977)