TOWN OF BLUE RIVER, COLORADO ORDINANCE

80424 | 06/26/2020 | Ad id: 8-0000592340-01
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TOWN OF BLUE RIVER, COLORADO
ORDINANCE NO. 2020-12

AN ORDINANCE OF THE TOWN OF BLUE RIVER, COLORADO
AMENDING CHAPTER 16 OF THE TOWN CODE
CONCERNING HOME OCCUPATIONS

WHEREAS, pursuant to Article 23, Title 31 of the Colorado Revised Statutes, the Town of Blue River ("Town") has authority to regulate the development of land within the Town for the purposes of promoting the public health, safety, convenience, and the general welfare of the community; and

WHEREAS, the Town recognizes a need to establish clear standards and regulations for home occupations within the Town Code to ensure that home occupations do not negatively impact adjacent residential uses; and

WHEREAS, the Board of Trustees of Blue River desires to amend Chapter 16 of the Blue River Municipal Code to add provisions on home occupations which shall provide for the operation of limited commercial activities within residential zoning districts while ensuring compatibility with the residential character of the neighborhood.

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO, ORDAINS:

Section 1. Incorporation of Recitals. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Town Board.

Section 2. Amendment of Chapter 16, Section 16-1-10 of the Town Code. Chapter 16, Section 16-1-10 shall be amended by the repeal of the current definition of "home occupation" and the replacement of a new definition of "home occupation" to read in full as follows:

Home occupation means any business, profession, occupation, trade or activity conducted for financial gain from within a residential structure or dwelling where such use is incidental and accessory to the use of the structure or dwelling as a residence by the person engaged in the home occupation.

Section 3. Amendment of Chapter 16 of the Town Code. Chapter 16 shall be amended by the addition of a new Article XVII, entitled Home Occupations which shall read in full as follows:

ARTICLE XVII. Home Occupations.

Sec. 16-17-10. Purpose.
Sec. 16-17-20. Home occupation standards.
Sec. 16-17-30. Prohibited home occupations.
Sec. 16-17-10. Purpose.

The purpose of this Article is to provide regulations for home occupations within the Town to ensure that a home occupation is secondary or incidental in relation to the residential use of the main structure or dwelling and to ensure compatibility with the residential character of the neighborhood. The standards set forth herein for the physical features, building character, and operations of home occupations ensure that the uses are compatible with the surrounding neighborhood and do not negatively affect the character or quality of life in the Town.

Sec. 16-17-20. Home occupation standards.

A home occupation shall be unlawful unless the home occupation complies with all of the following standards:

(a) The home occupation shall obtain and maintain at all times a valid business license with the Town.

(b) The home occupation shall be secondary and subordinate to the main use of the dwelling as a residence and shall occupy no more than twenty-five percent (25%) of the floor area of the main floor of a dwelling.

(c) If located within a lawfully permitted accessory structure, attached or detached garage, or shed, the home occupation shall not occupy more than two hundred (200) square feet of total floor area.

(d) The existence of a home occupation at the residence shall not be recognizable from the exterior of the residential structure. All aspects of the home occupation shall be contained and conducted within a completely enclosed building. No exterior advertising, signs or outdoor displays associated with the home occupation shall be permitted. There shall be no outside storage on the premises of materials, goods, or equipment used in connection with the home occupation.

(e) The home occupation shall not create any noise, vibration, smoke, dust, heat, or glare inconsistent with or in excess of the impacts associated with common residential use of property or that is detrimental to the residential use of nearby properties.

(f) The home occupation shall not create any odors that are perceptible from the outside of the building in which the home occupation is conducted.

(g) No structural alteration of the exterior of the principal residence, including the construction of an additional entrance, shall be permitted to accommodate the home occupation.

(h) The home occupation shall be conducted only by the residents of the property exclusively and there shall be no non-resident employees permitted on or at the property in association with the home occupation at any time.

(i) All parking needs created by the residential property and the home occupation shall be accommodated by off-street parking. Parking associated with the residential property and the home occupation shall comply with all applicable parking standards imposed by the Town for residential property within the appliable zone district.

(j) No more than two (2) visitor, customer, or vendor vehicles associated with the home occupation shall be present at the residential property at any one time.

(k) If the home occupation is subject to any local, state, or federal regulation, the home occupation shall comply with all applicable regulations at all times.

(l) No storage of motor fuels in amounts that are greater than typically stored for residential home use shall be permitted for a home occupation. Storage of more than five (5) gallons of gasoline or diesel fuel on site, or storage of more than fifteen (15) gallons of biodiesel on site, shall be presumed to be in violation of this standard. No storage of hazardous materials in amounts that are greater than typically stored for residential home use shall be permitted by a home occupation.

(m) No pick-up or delivery by commercial vehicles or heavy trucks other than mail and parcel pick-up and delivery services commonly engaged in providing service to residential properties shall be permitted for a home occupation. Pick-up and delivery shall be limited to no more than two (2) visits each day.

Sec. 16-17-30. Prohibited home occupations.

The following home occupations are prohibited in the Town. Exclusion of an occupation from the following list shall not be interpreted as expressly permitting an unlisted use.

(a) Motor vehicle service, repair, maintenance, salvage, reconstruction, restoration, cleaning, wash, detailing, sale, or storage.

(b) Butcher, meat processing, or taxidermy.

(c) Funeral home or mortuary.

(d) Veterinary clinic or kennel that provides commercial or for-profit care or boarding for animals. Such limitation shall not preclude volunteer fostering of animals for domestic animal rescues or other similar organizations provided that the maximum number of animals permitted for residential property is not exceeded.

(e) Large appliance repair.

(f) Medical or dental office (except psychiatric, mental health, or other counseling services).

(g) Overnight accommodations including commercial bed and breakfast (not to include lawfully permitted short term rentals authorized by the Municipal Code).

(h) Personal services providing non-medical service on a recurring basis including, but not limited to, barbershop, hair salon, nail salon, beauty parlor, massage therapy or tailoring if such occupation is designed to serve more than one (1) customer at a time or serves more than one (1) customer at a time.

(i) Any occupation using spray painting equipment.

Section 4. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 5. Repeal. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance.

Section 6. Effective Date. The provisions of this Ordinance shall become effective thirty (30) days after publication following final passage.

INTRODUCED AND READ at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the __16th__ day of
___June___________, 2020.

AMENDED ON SECOND READING, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the ____ day of ________________, 2020.

____________________________________
Mayor

APPROVED AS TO FORM:

ATTEST:

_____________________________
Town Clerk

_____________________________
Town Attorney

Published in the Summit County Journal on June 26, 2020. 0000592340