City of Eagle Planning & Zoning Home Occupation Application

Daycare consisting of no more than six (6) children.

Eagle City Code Section 8-3-5(L) Home Occupations defines this use as a “Class A” home occupation, therefore, a Home Occupation Permit is not required.

A business license is required for this use, and can be obtained by submitting an application available on the City of Eagle website at:

http://www.cityofeagle.org/204/Business-License-Application-and-Renewal

All home occupations are required to comply with Eagle City Code Section 8-3-5(L). Failure to comply with the provisions of Eagle City Code may result in the revocation of a business license.

_________________________________________

L.   Home Occupation:

The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:

   1.   Class A home occupations:

         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   2.   Class B home occupations:

         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   3.   Class C home occupations:

         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.

         b.   Shall require a city issued business license.

         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.

         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.

         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.

         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.

         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.

         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.

         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.

         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.

         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.

   4.   Regulations Applicable to All Home Occupations:

         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.

         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.

         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.

         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.

         e.   The home occupation business must be clearly incidental to the residential use of the property.

         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.

         g.   No advertising or business signs are permitted in conjunction with the home occupation.

         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.

         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.

         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.

         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.

         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.

         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.

   5.   Prohibited Home Occupations:

         a.   The following uses are prohibited for home occupation use:

         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.

         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.

         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.

         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:

            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;

            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.

Dog Training

Eagle City Code Section 8-3-5(L) Home Occupations defines this use as a “Class B” home occupation, therefore, a Home Occupation Permit is not required.

A business license is required for this use, and can be obtained by submitting an application available on the City of Eagle website at:

http://www.cityofeagle.org/204/Business-License-Application-and-Renewal

All home occupations are required to comply with Eagle City Code Section 8-3-5(L). Failure to comply with the provisions of Eagle City Code may result in the revocation of a business license.

_________________________________________

L.   Home Occupation:

The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:

   1.   Class A home occupations:

         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   2.   Class B home occupations:

         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   3.   Class C home occupations:

         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.

         b.   Shall require a city issued business license.

         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.

         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.

         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.

         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.

         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.

         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.

         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.

         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.

         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.

   4.   Regulations Applicable to All Home Occupations:

         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.

         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.

         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.

         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.

         e.   The home occupation business must be clearly incidental to the residential use of the property.

         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.

         g.   No advertising or business signs are permitted in conjunction with the home occupation.

         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.

         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.

         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.

         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.

         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.

         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.

   5.   Prohibited Home Occupations:

         a.   The following uses are prohibited for home occupation use:

         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.

         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.

         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.

         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:

            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;

            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.

Horticulture

Eagle City Code Section 8-3-5(L) Home Occupations defines this use as a “Class A” home occupation, therefore, a Home Occupation Permit is not required.

A business license is required for this use, and can be obtained by submitting an application available on the City of Eagle website at: 

http://www.cityofeagle.org/204/Business-License-Application-and-Renewal

All home occupations are required to comply with Eagle City Code Section 8-3-5(L). Failure to comply with the provisions of Eagle City Code may result in the revocation of a business license.

_________________________________________

L.   Home Occupation:

The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:

   1.   Class A home occupations:

         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   2.   Class B home occupations:

         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   3.   Class C home occupations:

         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.

         b.   Shall require a city issued business license.

         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.

         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.

         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.

         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.

         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.

         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.

         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.

         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.

         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.

   4.   Regulations Applicable to All Home Occupations:

         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.

         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.

         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.

         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.

         e.   The home occupation business must be clearly incidental to the residential use of the property.

         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.

         g.   No advertising or business signs are permitted in conjunction with the home occupation.

         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.

         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.

         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.

         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.

         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.

         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.

   5.   Prohibited Home Occupations:

         a.   The following uses are prohibited for home occupation use:

         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.

         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.

         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.

         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:

            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;

            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.

Swimming Lessons

Eagle City Code Section 8-3-5(L) Home Occupations defines this use as a “Class B” home occupation, therefore, a Home Occupation Permit is not required.

A business license is required for this use, and can be obtained by submitting an application available on the City of Eagle website at:

http://www.cityofeagle.org/204/Business-License-Application-and-Renewal

All home occupations are required to comply with Eagle City Code Section 8-3-5(L). Failure to comply with the provisions of Eagle City Code may result in the revocation of a business license.

_________________________________________

L.   Home Occupation:

The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:

   1.   Class A home occupations:

         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   2.   Class B home occupations:

         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   3.   Class C home occupations:

         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.

         b.   Shall require a city issued business license.

         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.

         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.

         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.

         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.

         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.

         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.

         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.

         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.

         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.

   4.   Regulations Applicable to All Home Occupations:

         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.

         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.

         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.

         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.

         e.   The home occupation business must be clearly incidental to the residential use of the property.

         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.

         g.   No advertising or business signs are permitted in conjunction with the home occupation.

         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.

         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.

         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.

         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.

         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.

         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.

   5.   Prohibited Home Occupations:

         a.   The following uses are prohibited for home occupation use:

         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.

         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.

         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.

         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:

            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;

            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.

Eagle City Code Section 8-3-5(L)(4)(a) states that “the operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.” Based upon the selection you have made, your Home Occupation does not meet the requirements outlined by Eagle City Code.

Provide a site plan that identifies the following information:

• Property boundaries.
• Location of all structures on the property.
• Structures/location(s) on the property where the business will be conducted.
• Distance between the outdoor area(s) used for business purposes and all adjoining properties.
• Parking location(s) for employees/customers/patrons/attendees.

Provide Photos of the Following:

• Outdoor area(s) proposed to be used in relations to the home occupation.
• Area(s) to be utilized for employee/customer/patron/attendee parking.

All home occupations are required to comply with Eagle City Code Section 8-3-5(L). Failure to comply with the provisions of Eagle City Code may result in the revocation of a business license.

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L.   Home Occupation:

The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A", "B" or "C" home occupations and shall be regulated as follows:

   1.   Class A home occupations:

         a.   Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance, if the zone of the property is R-2-DA-P, the underlying zone is R.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   2.   Class B home occupations:

         a.   Shall be those uses conducted entirely within the dwelling or accessory structure, except that, outdoor swimming lessons and dog training classes shall be permitted.

         b.   Shall require a city issued business license.

         c.   Shall not require a home occupation permit.

   3.   Class C home occupations:

         a.   Shall be those uses including activities conducted outside of the dwelling or accessory structure, except for those uses classified as Class A or B home occupations.

         b.   Shall require a city issued business license.

         c.   Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance.

         d.   Shall have the outdoor area of use designed to assure no damage results to adjacent property.

         e.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles.

         f.   Shall have a minimum of forty feet (40') between the outdoor area of use and the property line.

         g.   Shall have a minimum of two (2) acres for sports fields, sports courts, horse riding lessons, and other similar uses as may be determined by the City Council.

         h.   Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council.

         i.   Shall include conditions of approval specified by the City Council to regulate the hours of operation, days of operation, number of events, numbers of employees/customers/patrons/attendees, and other conditions specifically related to the proposed use to assure compliance with this chapter.

         j.   Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request.

         k.   The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required.

   4.   Regulations Applicable to All Home Occupations:

         a.   The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adjacent property owned by the same.

         b.   A home occupation must be conducted within a dwelling unit, within an approved accessory structure, or outdoors in accordance with this section.  Parcels on which the home occupation is located may be adjacent to the parcel in which the dwelling unit is located so long as the adjacent parcels are under the same ownership.

         c.   For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling.

         d.   For home occupations conducted within an accessory structure, the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city.

         e.   The home occupation business must be clearly incidental to the residential use of the property.

         f.   No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling.

         g.   No advertising or business signs are permitted in conjunction with the home occupation.

         h.   No outdoor display or storage of unregistered vehicles, vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles.

         i.   On-site parking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit.

         j.   The minimum number of covered parking spaces for the dwelling unit shall not be reduced below the minimum number required by this title.

         k.   Sale of goods on the premises shall be limited to the products produced by the home occupation.

         l.   Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation.

         m.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

         n.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use.

         o.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

         p.   The home occupation shall at all times comply with all applicable city codes and the requirements of other regulatory agencies having jurisdiction.

   5.   Prohibited Home Occupations:

         a.   The following uses are prohibited for home occupation use:

         b.   As determined by the Zoning Administrator, uses that are not consistent with this chapter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited.

         c.   All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited.

         d.   Repair or painting of motorized vehicles such as repair or painting/wrapping of autos, trucks, trailers and boats, except that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied.

         e.   Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria, the use(s) noted in subsection a. above may be permitted:

            (1)   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

            (2)   Will not be hazardous or disturbing to existing or future neighborhood uses;

            (3)   Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;

            (4)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

            (5)   If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final.