A Home-Based Business is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit and where no persons are employed other than resident and domestic help.
- $35 Initial Application Fee
- $35 Annual Renewal Fee
- Names and Mailing Addresses of all persons within two hundred feet (200) of your property. You can pull a report from Weld County GIS (https://www.co.weld.co.us/maps/propertyportal/) or call the Weld County Assessors Office at (970) 353-3845.
- Letter addressed to the Planning Commission and Board of Trustees explaining business plans in detail.
Steps for Obtaining a Home-Based Business License
- Fill out an application online or in person at Town Hall and ensure the above requirements have been fulfilled.
- Pay an initial application filing fee.
- All paperwork must be turned in to the Town Hall twenty (20) days prior to the next scheduled Planning Commission meeting. (Held on the first Wednesday of the month.)
- Attend the Public Hearing on the scheduled Planning Commission meeting, held the first Wednesday of each month at 6:00 p.m. If the applicant fails to appear, the Planning Commission shall table the public hearing to the next regular scheduled meeting.
- Attend the Public Hearing on the scheduled Town Board meeting for final approval or disapproval of application, held on the second Tuesday of the month.
- If approved, on the next business day, pickup the license.
- The holder of the permit shall apply for renewal of the permit by paying a $35.00 fee no later than thirty (30) days prior to the annual anniversary of the permit.
There is a $250.00 penalty for anyone conducting a “Home-Based Business” without a current permit. See Section 16.03.112 of the Ault Municipal Code.
Letter Requirements for Planning Commission
Letters to the Planning Commission must meet the following requirements:
- Must include a summary of plans for business operations, goods/services sold, etc.
- Please explain the following that the business and your application meets the following:
- Applicant's family lives in dwelling
- Home-based business conducted entirely within the dwelling
- Business shall not exceed 25% of the total floor area of the dwelling
- Use of the dwelling and does not change residential character
- No change in outside appearance of building or premises, no visible evidence of business
- No sign larger than one square foot
- No more than one client vehicle at a time
- No glare, fumes, odors, smoke noise or conditions detectable to normal senses
- Fits in the allowable uses for a home occupation
Municipal Codes Referencing Home-Based Business Licenses
Chapter 16. 03 Zoning
110 - Home-based Business - Definition
A Home Based Business is an incidental use of a dwelling unit for commercial purposes of the residents therein, where:
- Such use is conducted entirely within a dwelling unit and its associated property and conducted by the residents thereof and no others;
- Such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof;
- There is no advertising or other indication of the home-based business on the lot or any structure or vehicle located on or adjacent to the lot, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the home-based business, such nameplate does not exceed one (1) square foot in area, shall not be illuminated, and attached flat to the structure or vehicle or visible through a window;
- All activities associated with the home-based business are conducted in compliance with all applicable federal and state laws and all local ordinances and fire codes;
- There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such home-based business nor of any highly explosive or combustible materials; and
- There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the lot if the home-based business is conducted in a single-family dwelling or outside the dwelling unit if conducted in other than a single-family detached dwelling unit.
- The following uses, because of their tendency to go beyond the limits permitted for Home Based Businesses, shall not be permitted as Home Based Businesses:: clinic, hospital, hotels/motels, restaurant, funeral home, vehicle or boat repair, organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a public school), medical/ retail marijuana cultivation, and welding shops.
111 - Home-Based Businesses (Home Occupation) Permit Criteria
- Availability: A home-based business permit may be sought for a residential property in any zoning district if the criteria set forth in this section are met;
- Application. Application for a home-based business shall be made to the Planning Commission on a form provided by the Planning Commission and shall be accompanied by a processing fee of thirty-five dollars ($35) plus a set of mailing labels for all property owners within two hundred feet (200') of the proposed business.
- Scope. In cases where the Planning Commission determines that an application for a home-based business does not meet the requirements of 16.3.110, the applicant will be so informed and the application shall be returned to the applicant and considered denied.
- Public Hearing Date and Notice.
- A public hearing shall be held by the Planning Commission on the nearest scheduled meeting date not less than twenty-one (21) days after filing of a complete application.
- Notices shall be mailed not less than five (5) days prior to the date of the public hearing to owners of property within a radius of two hundred feet (200') of the external boundaries of the property described in the application, using for this purpose the name and address of such owners as are shown on the latest official tax roll of Weld County or as determined by the Town Clerk. Such notice shall contain a copy of the application.
- Recommendations by Commission. Not later than ten (10) days following the Planning Commission's action in recommending approval or disapproval of the home-based business permit and setting forth any continuing conditions for approval the planning commission shall render a decision as to approval or denial of the application. In the case of a home-based business which is determined to cause additional impacts on the Town, generate parking or traffic issues, or require Town services disproportionate to the non -business uses in a residential neighborhood, an additional fee may be imposed by the Town Board as a condition of the permit. The additional fee, if any, shall be assessed in an amount determined by the Town Board, in its sole discretion, to be proportionate to the additional impacts on the Town caused by approval of the Home Based Business. The generation of sales tax revenue by a business shall be a factor considered in mitigation of such additional fee. A written report of the decision of the Planning Commission shall be mailed to the applicant at the address shown on the application form. A copy of said report shall also be forwarded to the Town Board of Trustees.
- Voiding of Permit. The Police Chief, the Planning Commission, or the Town clerk may request that the Town Board terminate any home-based business permit for noncompliance with the conditions set forth in approving the permit, and the Town Board may, after notice and hearing, terminate any permit granted, based upon noncompliance with the conditions of issuance.
- The holder of a home-based business permit shall obtain a sales tax permit, if required, and shall apply for renewal of the home occupation permit by paying a fee of Ten Dollars ($35.00) on or before January 31 of each calendar year.
112 - Home Occupation Violation
- Any person conducting a home occupation whether as principal agent or otherwise without a current permit therefore shall be subject to a fine not exceeding two hundred fifty dollars ($250.00) for each offense, such fine to incur to the Town. Each day of the existence of a violation shall be deemed a separate offense.
- The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any provisions of this chapter is declared to be a violation of this chapter and unlawful. The Town Board may, upon any such violation having been called to its attention, institute abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of this chapter.
(Ord. 219 §7, 1977)