Vetoed April 4, 2023 · 56th Legislature, 1st Regular Session
SB1162
home-based businesses; restrictions; prohibition
BLAME HOBBS!
THE CONTEXT: Current statute prohibits any county ordinance from restricting or otherwise regulating 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 24 inches by 24 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 re...
WHAT THE BILL DID: Requires a municipality or county to allow a home-based business as a use by right if certain conditions are met. Outlines purposes for which a municipality or a county may establish regulations on a home-based business.
WHY IT MATTERED: The practical reason for this bill was to turn the Legislature's standard for home-based businesses into an enforceable rule. It would require a home-based business to be allowed as a use by right if the home-based business does not supersede any deed restriction, covenant or agreement restricting the use of land, a master deed or other document applicable to a common interest owner, and would also precludes a municipality or county from prohibiting a no-impact home-based business or requiring a person to apply for, register or obtain a permit, license, variance or other type of prior approval to operate a no-impact home-based business, rather than leave the current rule unchanged.
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