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Boulder City City Zoning Code

CHAPTER 29

HOME OCCUPATIONS

11-29-1.- PURPOSE.

The sole purpose of any home occupation permit shall be to allow a person or persons to conduct a business in an area zoned for residential uses. Home occupations are limited to those uses which may be conducted within a residential dwelling without changing in any way the appearance or condition of the residence. The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes.

(Ord. 1494, 3-26-2013, eff. 4-18-2013)

11-29-2. - PERMITTED HOME OCCUPATIONS.

A.

Permitted Uses.

1.

Home occupations shall be a permitted use in the R1, R2, R3, MP and ME zones. Permitted home occupations include all uses which meet the criteria of section 11-29-5 of this chapter, except for those uses listed as prohibited in section 11-29-3 of this chapter.

2.

Music, dance or other private instruction of up to two (2) students at a time is a permitted use. Such instruction does not require the issuance of a home occupation permit under this chapter or a business license under title 4 of this code.

B.

Conditional Uses. The following uses may be permitted only in the R1 zones, and shall also require the issuance of a conditional use permit as set forth in chapter 30 of this title:

1.

Music, dance or other private school instruction of three (3) or more students at a time.

(Ord. 1511, 8-27-2013, eff. 9-19-2013)

11-29-3. - USES THAT ARE PROHIBITED.

The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations, or create disturbances to neighboring properties, and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations:

A.

Auto repair, minor or major;

B.

Barber or beauty shops;

C.

Carpentry work;

D.

Dental offices or medical offices, excluding the office of a licensed massage technician where no customers or clients come to the premises (see also title 4, "Business Regulations", of this code);

E.

Lawyer's offices, excluding the business office of a legal professional where no customers or clients come to the premises;

F.

Painting of vehicles, trailers or boats;

G.

Photo developing involving chemicals;

H.

Radio repair or television repair;

I.

Upholstering;

J.

Adult uses and businesses;

K.

Businesses utilizing explosives, gunpowder, ammunition or weapons, except businesses for the training in the use of weapons at an approved off site facility;

L.

Commercial food preparation, excluding a cottage food operation as permitted per Nevada Revised Statutes chapter 446;

M.

Live broadcasting via internet;

N.

Short Term Rentals;

O.

Other businesses dissimilar to and inconsistent with the stated purpose of this chapter.

(Ord. 1511, 8-27-2013, eff. 9-19-2013; amd. Ord. 1522, 8-26-2014, eff. 9-18-2014; Ord. 1797, 3-26-2024, eff. 4-18-2024)

11-29-4. - APPLICATION PROCEDURE.

A.

Application.

1.

Application for a home occupation permit shall be made to the community development department in writing on a form prescribed by the community development department. The application shall be reviewed by the community development department to determine if the application is for a permitted use and within the scope of the home occupation criteria.

2.

If the applicant is not the recorded owner of the property, the applicant shall submit a written statement from the recorded owner indicating approval of the proposed home occupation permit.

B.

Approval. If the application is for a permitted use and in conformance with the home occupation criteria, it shall be approved by the community development director or his/her designee. The applicant shall also obtain a business license as per section 11-29-10 of this chapter.

C.

Denial. If an application for a home occupation permit is not approved by the community development director or his/her designee, the applicant shall be notified in writing as to the reason(s) for the denial. The applicant shall have the right to resubmit the application with additional or corrected information so the application may be reconsidered, or the applicant may appeal the decision of community development department staff pursuant to the provisions of chapter 34, "Appeals", of this title.

(Ord. 1522, 8-26-2014, eff. 9-18-2014)

11-29-5. - CRITERIA.

Before a home occupation permit is approved, the applicant shall show that the following conditions will be met:

A.

Any visitation by clients or customers to the premises shall be by appointment only.

B.

The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes.

C.

The home occupation shall be carried on without tangible evidence of same being apparent to the particular neighborhood.

D.

The home occupation shall not be detrimental in any way to public health, safety and welfare or injurious to the neighborhood in which the property in question is located. The home occupation shall not create excessive noise, dust, light, glare, vibration, gas, fumes, toxic/hazardous materials, smoke, electrical interference or other hazards or nuisances, or cause a change in the fire safety or occupancy classification of the dwelling unit. No compressed gases, flammable/combustible liquids, and/or toxic/hazardous materials (paints, chemicals, etc.) related to the home occupation shall be located and/or stored on the premises except for normal amounts used for residential purposes.

E.

No one other than a resident of the dwelling shall be employed on site or report to work at the site in the conduct of a home occupation. This prohibition shall also apply to independent contractors.

F.

The home occupation shall not involve the use of more than one truck or vehicle, or any vehicle over ten thousand (10,000) pounds' gross unloaded weight, coming to or being parked or stored on the premises.

G.

The home occupation shall only be conducted in one room of the house or accessory building. There shall be no outdoor storage of any kind related to the home occupation.

H.

There shall be no advertising on the premises.

I.

The home occupation shall increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Traffic from delivery vehicles shall not be significantly in excess of the normal amount associated with residential uses in the area.

(Ord. 1511, 8-27-2013, eff. 9-19-2013)

11-29-6. - DECISION BY COMMUNITY DEVELOPMENT DIRECTOR.

The decision of the director or his/her designee shall be final unless an appeal therefrom is taken to the planning commission as provided for in chapter 34 of this title.

(Ord. 1494, 3-26-2013, eff. 4-18-2013)

11-29-7. - EXCEPTIONS.

A.

Exceptions from the criteria as listed under section 11-29-5 of this chapter shall require the issuance of a conditional use permit as set forth in chapter 30 of this title.

B.

Exceptions from the uses that are listed as prohibited under section 11-29-3 of this chapter are not permitted.

(Ord. 1522, 8-26-2014, eff. 9-18-2014)

11-29-8. - TIME LIMIT FOR EXPIRATION OF HOME OCCUPATIONS; CHANGES.

A.

An approved home occupation permit shall run concurrently with the approved business license. The permit shall expire when the business license expires or is otherwise not renewed.

B.

The home occupation permit shall be specific to the person(s) and address for which it is approved, and changes to either shall require submittal of a new application.

(Ord. 1494, 3-26-2013, eff. 4-18-2013)

11-29-9. - INSPECTION; VOIDING OF PERMIT.

Home occupations may be subject to inspection to determine compliance with the provisions herein or any conditions established under permit approval. The community development director may void any home occupation permit for noncompliance with the conditions set forth in approving the permit.

(Ord. 1494, 3-26-2013, eff. 4-18-2013)

11-29-10. - BUSINESS LICENSE.

Any applicant receiving approval of a home occupation permit shall make application for and receive a business license as provided in title 4 of this code before commencing with the approved home occupation.

(Ord. 1494, 3-26-2013, eff. 4-18-2013)