HB2451 S JUD AM #1 4-9
Curia 7892
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) "Goods" means any merchandise, equipment, products, supplies, or materials.
(b) "Home-based business" means any business for the manufacture, provision, or sale of goods or services that is owned and operated by the owner or tenant of a residential dwelling
where the commercial activity takes place inside a residential dwelling and the commercial activities:
(1) Are limited to the sale of lawful goods and services;
(2) Do not generate on-street parking or a substantial increase in traffic through the residential area; and
(3) Do not have signage visible from the street.
(a) The use of a residential dwelling for a home-based business is a permitted use, except that this permission does not supersede or abrogate any of the following:
(1) Any deed restriction, covenant, or agreement restricting the use of land; or
(2) Any deed, by-law, or other document applicable to a common interest ownership community.
(a) A municipality may establish reasonable regulations on a home-based business where the regulation is rationally related to a legitimate government interest including, but not limited to, any of the following purposes:
(1) The protection of the public health and safety, as defined in this code, including rules and regulations related to fire and building codes, health and sanitation, transportation, or traffic control, solid or hazardous waste, pollution, and noise control.
(2) Ensuring that the business activity is:
(A) Compatible with residential use of the property and surrounding residential use;
(B) Secondary to the use as a residential dwelling; or
(C) Complying with state and federal law and paying applicable taxes.
(3) Limiting or prohibiting the use of a home-based business that engages in any of the following activities:
(A) Selling illegal drugs or products containing alcohol or tobacco;
(B) Operating a sober living home;
(C) Selling pornography or otherwise obscene material;
(D) Operating a vape shop; or
(E) Operating a commercial establishment where nude or topless dancing occurs.
(a) A municipality shall not require a person as a condition of operating a home-based business to:
(1) Rezone the property for commercial use;
(2) Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with not more than two dwelling units; or
(3) Obtain a license or permit that is not otherwise required for a similarly situated business.
In any proceeding alleging that a municipal regulation violates §8-40-3 or §8-40-4 of this code, the municipality that enacted the regulation shall be required to establish that the regulation complies with the provisions of this article.
Adopted
Rejected