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HomeMy WebLinkAboutFORM Home Occupation RegulationsEstes Park Development Code Home Occupation Regulations Estes Park Municipal Code 5.2. Accessory Uses (Including Home Occupations) and Accessory Structures A. General Standards. 1. Permitted principal uses and approved special review principal uses shall be deemed to include the accessory uses, structures and activities as set forth in this Section, unless specifically prohibited. 2. See also §13.2, "Use Classifications," wherein incidental or accessory uses are sometimes included in the description of a specific principal use. When a use classification or specific use type definition in §13.2 does include permitted accessory or incidental uses, such accessory or incidental uses shall be subject to the general standards set forth in this Section, as well as any use-specific standards set forth in §5.1 or this Section. 3. All accessory uses, structures and activities shall be subject to the general, dimensional, operational and use-specific regulations set forth in this Section, in addition to the same regulations that apply to principal uses in each district. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Code, the standards of this Section shall control. 4. All accessory uses and structures shall comply with the following conditions: a. The accessory use or structure shall be clearly incidental and customarily found in connection with the principal use; and b. The accessory use or structure shall be conducted and/or located on the same zoning lot as the principal use; and c. There shall be unity of ownership between the principal use and the accessory use. d. Home Occupations (1) Size/Area: A home occupation shall not exceed twenty percent (20%) of the floor area of the building in which the home occupation is located, excluding garage space. This size/area requirement does not apply to family home day care. (2) Location: Home occupations are permitted in both principal dwelling units and accessory dwelling units in all zoning districts that allow home occupations, though the home occupation must be integrated within the building of the related dwelling unit(s); except that on lots equal to or greater than one-and -one -half (1.5) acres in size, home occupations may be located in uninhabited accessory structures. (3) Employees: No one other than a resident of the dwelling shall be employed on site, report to work at the site or pick up supplies or products on site in the conduct of a home occupation. This prohibition also applies to independent contractors. Family home day care home occupations are exempt from this requirement. (4) Operational: (a) There shall be no stock-in-trade other than products fabricated by artists and artisans. (b) A home occupation shall be conducted entirely within a portion of a building not within a required parking area. Outdoor play areas are permitted in conjunction with family home day care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. (c) Vehicle or equipment sales, rentals or repairs shall not be conducted as a home occupation. (d) Personal and professional services shall be provided on an appointment-only basis. (e) No home occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale or sold on the premises except by prior appointment. (f) There shall be no advertising of the address of the home occupation that results in attracting persons to the premises. (g) No kilns exceeding ten (10) cubic feet in size shall be permitted. (h) All home occupations shall comply with the performance standards prescribed by §7.10 of this Code. There shall be no electrical or mechanical equipment not normally found in a residential structure. (i) No home occupation shall be allowed that will create noise, dust, fumes, odors, smoke, glare, vibration, electrical hazards, fire hazards or the storage of hazardous materials or any other nuisance to a greater degree than normally experienced in the residential district in which the permit is granted. Estes Park Development Code Home Occupation Regulations (j) For home occupations on lots with shared private water systems, written approval of the water association shall be required for home occupations that will increase the demand on the water system. (5) Exterior Appearance and Outdoor Storage: (a) No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (b) No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted. (6) Parking/Vehicles/Traffic: (a) Not more than one (1) truck with a maximum capacity of one (1) ton incidental to a home occupation shall be kept on the site. (b) The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than two (2). (c) A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount associated with residential uses in the district, i.e., ten (10) vehicle trips per day. (d) The Decision-Making Body shall review the proposed home occupation to ensure that safe and adequate access is provided for customers. At a minimum, the street or shared driveway providing access to a home occupation shall have a minimum width of eighteen (18) feet if serving more than ten (10) customer trips per day. (e) For home occupations accessed via roads that are managed by a private road maintenance association, written approval of the association shall be obtained to permit customer trips generated by the home occupation.