County expands zoning rules for home occupations

By JoAn Bjarko
North Forty News

Larimer County has further defined its codes for home occupations, though citizens chided the government for not enforcing current codes and for unnecessarily putting its nose into other people's business.

Of particular concern is a new requirement that any home occupation established after the code change must get a registration certificate from the county.

Quoting a 1928 opinion of Supreme Court Justice Louis Brandeis regarding "...the right to be let alone - the most comprehensive of rights and the right most valued by civilized men," Bellvue resident Lisa Ashbach called the registration requirement government interference.

In response, the county planning staff said it just wants name, address and type of business, and there is no fee. The information could save two to three hours of staff time if a question comes up, planner Al Kadera said.

Commissioner Kathay Rennels added, "If you want a business, there's an openness that you'd better assume is going to happen."

After a couple hours of public comment and discussion on June 19, county commissioners unanimously supported changes to the land use code, which now allows home occupations to occur in accessory buildings. Back in 1963, when the county first adopted zoning regulations, a home occupation was limited to the interior of a residence. Only those products produced on the premises could be sold, and no outside employees were allowed.

A couple years ago, the county allowed one full-time employee, in addition to family members, but limited the amount of residential area that could be used.

The recent change, which will take effect within 90 days, also allows the homeowner to use an existing detached accessory building, such as a garage. Vehicle repair and similar activities, however, are prohibited.

Outdoor storage and larger areas of operations are allowed, if the homeowner uses the minor special review process. The fee is $500. Home occupations using more than 1,200 square feet are not allowed. The county also has sign codes for home occupations.

Bellvue resident Neal Spencer noted that square-footage limits on a home occupation does not take into account the overall size of the property, and he said that one employee is too restrictive.

South Fort Collins resident Brian Schumm told commissioners they should also be writing rules to make code enforcement easier. He was also concerned that allowing a business to move outside the home could hurt the residential character of neighborhoods.

Details about home occupations in unincorporated parts of Larimer County can be reviewed online at www.larimer.org or at the county planning office. Cities and towns have their own zoning ordinances.