FINAL DISPOSITION
APPROVAL:
After completion of the home occupation review, the planning staff member will return one (1) copy of the approved Home Occupation
Permit to the applicant/owner. Approval of this request may be subject to fulfillment of certain conditions such as public improvements,
easements, easement vacation, additional fees, etc. The applicant/owner will have ninety (90) days from the date of request to satisfy
these requirements. If the applicant/owner fails to satisfy the requirement in this time period, the application will be considered
withdrawn.
CONDITIONS OF APPROVAL:
Approval of this request may 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.
DENIAL:
If this application is denied, the planning staff member will provide written notification to the applicant/owner that will clearly specify all of
the reasons for denial.
HOME OCCUPATION PERMIT REVIEW CRITERIA:
Application for Home Occupation Permit must meet all of the criteria listed in Chapter 7, Article 5 of the Zoning Code before the application
can be approved by Planning & Development. These criteria are as follows:
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.
Unlawful Home Occupations:
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.
Home Occupation Permit Standards and Criteria:
Planning & Community Development may approve or modify and approve a Home Occupation Permit if the following standards and criteria
are met:
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.
Residents: All persons employed by the home occupation business must reside on the premises.
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. If there are sales of raw, uncut or fresh product or cottage
foods, the sign may displayed at the point of sale.
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. The location of the conduct of the
home occupation shall be limited to such location designated on the home occupation application. Raw, uncut, fresh produce or cottage
foods may be sold from a temporary stand. The temporary stand may not be larger than 120 square feet and must be removed and stored
indoors during non-sale months and hours.
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.
Secondary Use: The home occupation shall be secondary to the residential use of the dwelling.
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. However, if the home occupation is for the
sale of raw, uncut, fresh produce or cottage foods, they may be displayed from a temporary stand from 8:00 a.m. to dusk and are permitted
from April through November.
Home Occupation Permit; last updated 2/7/2017 3