Grand Junction, CO asked in Business Law for Colorado

Q: Is it legal to set up a home business in a camper that is in a driveway of a rented lot that is not your residence?

I live in a mobile home park and my neighbor has allowed her daughter who lives in a different town to set up a camper in their driveway of a rented lot to prepare taxes for people. I'm fairly certain that she does not have a home business licence for this as it is not her residence. Is this legal?

Related Topics:
1 Lawyer Answer

A: Colorado allows home-based businesses, but each county sets rules on the permitting process. Without knowing which county or which set of home business rules to apply, it is hard to say if a camper in a driveway is an unacceptable way to offer tax preparation services.

As a general "what if" answer, I can offer an analysis of the rules for Denver, Colorado Springs, and Fort Collins.

In Denver, one factor is the kind of land zoning applied to that location. Some areas are controlled by Denver Zoning Code and others are simply under old county code from the 1950's. The zoning rules influence the list of businesses allowed and not allowed. For example, in Zoning Dist. Reg. § 59-89(1)(i), a home business that is an "office" is allowed if "goods, wares or merchandise are not commercially created, displayed, exchanged, stored or sold." Basically it allows office-environment professions that do not sell merchandise. In all cases, Denver requires a Zoning Permit for the business, and that permit would be in the "Office - Non-medical and Non-dental" category. That category specifically allows home office occupations for "accountants."

In Colorado Springs, home occupation permits are controlled by City Code of Colorado Springs, Article 7, Chapter 5, Part 1503. Home businesses are not allowed for some occupations (like car repair, autobody painting, and medical marijuana sales) but are allowed for tax preparation. The code regulates the traffic caused by visitors, the kinds of signs or advertisements that can be placed at a residence, and the nuisance caused to neighbors. Only the residents of the home can run the home-based business in Colorado Springs, and the home must be used as a "dwelling." If all the conditions of § 1503 are met, the business may be an acceptable occupation under the law.

In Fort Collins, each home business must operate under a permit. The business cannot use more than 50% of the home, cannot make use of multiple employees, and cannot cause a nuisance to the neighborhood. Other restrictions apply as well, such as the requirement that the business be "secondary" to the use of the dwelling as a residential home. Look at the City of Fort Collins Land Use Code, Article 3, Division 3.8.3 for all the rules on home businesses. Fort Collins has an online complaint system available at https://clients.comcate.com/newrequest.php?id=150#1 (click on Zoning --> Home Businesses).

Without knowing the county, this kind of general explanation is your best guidance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.