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Douglas County approves changes to home-occupation rules to allow low-impact businesses in accessory buildings

3105403 · April 24, 2025
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Summary

On April 23, 2025, the Board of Douglas County Commissioners approved AMDT 24-1001, revising home-occupation standards so some low‑impact businesses may operate in accessory buildings, removing an acreage minimum for certain uses and changing registration rules. The vote was 5-0 (resolution 25‑19).

The Board of Douglas County Commissioners approved a zoning text amendment on April 23, 2025, that revises county rules for home occupations to allow certain low‑impact businesses to operate in accessory buildings and to change registration and size limits.

The amendment, AMDT 24‑1001, passed by a 5‑0 vote and was adopted as Resolution 25‑19. The board’s action follows a unanimous recommendation for approval from the county planning commission.

Under the changes staff presented, “Type 1” home occupations would be permitted by right so long as proposed standards are met and would no longer require registration if those standards are satisfied. Type 1 uses would be allowed to use up to 400 square feet of an accessory structure; previously home occupations were limited to use within the dwelling. For “Type 2” home occupations, the amendment removes the existing five‑acre minimum lot size and removes the maximum accessory‑building size limit (currently identified in code as 3,600 square feet). The amendment also changes the registration period from one year to two years.

Staff said the revisions respond to societal changes and to comparisons with neighboring jurisdictions. Carl Bauer, county planner with the Douglas County Zoning and Codes Department, told commissioners staff had worked on the amendment for several years and brought the proposal back after additional study and public input. Bauer said the planning commission unanimously recommended approval.

The amendment makes several use‑specific changes intended to allow small automotive and welding‑related activities under controlled conditions. The changes include language that permits welding when it is done in conjunction with an otherwise permitted use; removes automotive upholstering from the list of prohibited uses; and narrows the absolute prohibition language so the zoning and codes director may consider some small‑scale auto repair or welding on a case‑by‑case basis and impose conditions (hours, other restrictions) to mitigate impacts. The director would have authority to place conditions on Type 2 home occupations and staff said an appeals process would cover those decisions.

Vacation rentals were removed from the list of prohibited uses in the home‑occupation section to reduce confusion, because vacation rentals are regulated under a separate registration process. The definitions for Type 1 and Type 2 home occupations were updated and a list of typical uses was removed from the definitions to avoid duplication with the permitted‑use table.

Commissioners did not identify any follow‑on budgetary obligations tied to the amendment during the discussion. The board chair opened the item for public comment; one unnamed attendee thanked staff for incorporating earlier comments. After brief discussion the board voted to approve the amendment and adopt Resolution 25‑19.

The board’s options under the zoning code, as staff summarized, included approval, approval with modifications, denial, or returning the item to the planning commission for further study. Staff noted that legally required review criteria, including conformance with the comprehensive plan, had been evaluated and met per staff analysis.

The amendment takes effect according to procedures in the county’s zoning regulations; the board did not specify an alternate effective date during the meeting.

Clarifying details from the meeting: Type 1 may use 400 square feet of an accessory structure; the current Type 2 acreage minimum of five acres would be removed; the current Type 2 accessory‑building cap of 3,600 square feet would be removed; registration period would change from one year to two years; welding is permitted only when incidental to an otherwise permitted use; the zoning and codes director may impose conditions on Type 2 registrations; planning commission recommendation was unanimous. The planning commission and county staff were cited repeatedly as the sources of the revisions.

The board meeting packet and the county website contain the full amendment language (AMDT 24‑1001) and the adopted resolution (25‑19).