House Bill (HB) 403 was passed during the last legislative session, mandating certain local regulations for home based occupations and businesses. The biggest change in the pre-emption of the local ordinance is that previously, customer traffic was not allowed to visit a home based business. The new law prevents local governments from prohibiting this activity.
The new ordinance passed 3-0 by commissioners during the first public hearing on Aug 10, 2021. Commissioners Steve Champion and Beth Narverud were absent from the meeting. At the Aug 24, 2021 meeting, the ordinance was adopted in a 5-0 roll-call vote with no absent commissioners.
Prior to the passage of this bill, only the resident of the home could be employed in the business. The new law allows up to two employees who do not reside in the dwelling to work in a home-based business.
Other changes to the local ordinance affected by the state statute:
- The building department should be consulted to determine if business activities could trigger additional code requirements or permits. Business activities shall comply with any relevant local, state and federal regulations with respect to the use, storage or disposal of any corrosive, combustible or other hazardous or flammable or liquids.
- The activities of the limited business activity are secondary to the use of the property as a residence. Retail transactions may only be conducted within the residence.
- Vehicles and trailers used in connection with the business activity must be parked in legal parking spaces that are not located in the right of way, on or over a sidewalk or on any unimproved surfaces at the residence.