Canceled 1/16/25 Draft:
p.151 of the DRAFT
Even though the permit does not attach to the property, the canceled draft added that “It is not transferable and terminates automatically if the owner or tenant of the residential property changes.”
The current code allows for only two non-residents to be employed, the canceled draft says “Not more than two individuals who are not residents of the primary dwelling or Immediate Family Members shall be employed in the Home
Occupation.”
The canceled draft added the following stipulations:
-No mechanical equipment or power tools shall be used for a Home Occupation except for any of
these that are used for typical household purposes.
-No toxic, explosive, flammable, radioactive, or other similar material or chemicals shall be used, sold,
or stored on the property of the Home Occupation.
-No Home Occupation shall result in an excess generation of solid waste or use of Utilities and public
facilities in amounts greater than normally provided for residential Use.
-Neither the Home Occupation nor its operations shall result in any Structural Alterations, additions or
installations to a Building that will change the Building’s Principal Use or its Building code occupancy
classification.
– the draft additionally allowed the installation of doors, shelving, and display racks
– it added that you can’t make unusual noises or vibrations inside the building
-Traffic: can’t cause congestion or a substantial increase in traffic and deliveries associated with the Home Occupation can only happen between 7am and 7pm.
The draft crossed out the part of the current code that did not allow vehicle service & repair,
barber shops and beauty salons.
The canceled draft also added a section specific to RURAL AREAS
People in rural those areas to apply for a special Use permit for any Home Occupations that don’t comply with what was described above.
“Additionally, these Home Occupations that receive an SUP need to adhere to the following:
The buildings all have to be “lawfully built” and there should not be the outward appearance of a business.
The Home Occupation shall not result in any Structural Alterations or additions to a Building
that will change its Principal Use or Building code occupancy classification.
The Special Use Permit for a Home Occupation shall be issued only to the owner or tenant of
the property and does not attach to the subject property. It is not transferable and terminates
automatically if the owner or tenant of the property changes.
Storage
Merchandise, equipment, products, supplies and materials produced, used or stored by the
Home Occupation may be stored outside but must be screened from view of any public or
private Street and screened from view of other properties in accordance with the development
standards of the applicable Zoning District.
The subject property shall not be used for the assembly of Employees for instruction or other
purposes, including dispatch to other locations.”
No more than 5 commercial vehicle deliveries daily
Clients, customers, and Commercial Vehicle deliveries associated with Home Occupation are
permitted only from 7:00 a.m. to 7:00 p.m.
Current ARIZONA STATE rules for home based businesses: ARS 11-820
Restriction on regulation; home-based businesses; exception; definitions
A. Any ordinance authorized by this chapter shall not restrict or otherwise regulate the owner of a home-based business that holds a valid license from:
1. Making residential property improvements to add doors, shelving or display racks for use by the home-based business.
2. Displaying a temporary commercial sign on the residential property during business hours, if the sign is not more than twenty-four inches by twenty-four inches.
3. Selling or offering for sale any goods.
4. Generating traffic, parking or delivery activity that does not cause on-street parking congestion or a substantial increase in traffic through the residential area.
5. Having more than one client on the property at one time.
6. Employing any of the following:
(a) Residents of the primary dwelling.
(b) Immediate family members.
(c) One or two individuals who are not residents of the primary dwelling or immediate family members.
B. This section does not preclude a county from imposing reasonable operating requirements on a home-based business or a residential property used by a home-based business.
C. For the purposes of this section:
1. “Goods” means any merchandise, equipment, products, supplies or materials.
2. “Home-based business” means any business for the limited manufacture, provision or sale of goods or services that is owned and operated by the owner or tenant of the residential property.
3. “Immediate family member” means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild or stepsibling whether related by adoption or blood.
4. “License” means any permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency, department, board or commission of this state or of any political subdivision of this state for the purpose of operating a business in this state or to an individual who provides a service to any person and the license is required to perform that service.