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Council approves development agreement allowing cottage-food salsa production at home address
Summary
The council approved a development agreement permitting the applicant to produce cottage food products — specifically chips, salsa, queso and seasonings — at a home kitchen that otherwise would not be allowed under city code; agreement requires building-official approval and limits expansion of the kitchen.
The Hurricane City Council approved a development agreement to allow a home-based commercial kitchen operator to produce cottage food items, including chips, salsa, queso and seasonings, at a residential address previously restricted by city code.
City staff told the council that the applicant’s facility had been built as a commercial kitchen but that local code does not generally permit commercial-licensed food production in residential zones. Rather than broad code text amendments, staff recommended a development agreement specific to the applicant’s site to allow the use under defined conditions.
The development agreement permits products that qualify as cottage food plus chips, salsa, queso and seasonings, and it specifies that the owner may qualify for exemptions under state House Bill 188 if state law changes. It also requires compliance with all other home‑based‑business requirements, building-official approval of the kitchen, and it prohibits expanding the kitchen beyond its current size. The agreement terminates if the named owner no longer owns the property, though the owner may transfer the property into an LLC or trust without terminating the permission.
Applicant Joby (full name not recorded in the transcript) told council members the parties had worked with staff and with regional small-business contacts.
Councilman Hershey moved approval; Councilman Preet seconded. The council approved the development agreement by voice vote.
No fines, enforcement language, or inspection schedule beyond the required building-official approval were detailed in the public discussion; staff said the agreement would require compliance with existing home‑based business rules.
