Home occupation Procedures

What is a Home Occupation Permit?

A Home Occupation Permit allows limited use of your residence for a business type activity customarily carried on in a commercial establishment.  The home occupation must be incidental to the primary residential purpose and the residential character of the property may not be changed.  Every person permitted to carry on a home occupation shall also obtain an annual City business license.  Every home occupation permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued.  Permits for home occupations are not transferable from one location to another and do not run with the land.
 
How do I apply for a Home Occupation Permit?

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    Applications are available at the City Planning Department, Elko City Hall. 

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  •  It is recommended that a potential applicant discuss their request with the City of Elko Business License Department prior to filing for a home occupation permit.  

  • It is also recommended that a potential applicant discuss their request with an Elko City Planning Staff member to determine applicability.

  • A non-refundable $50.00 filing fee must accompany the application.

What is the criteria for a Home Occupation Permit? 

  • Not more than one home occupation is allowed in any dwelling unit.

  • The permitted use shall be confined to the dwelling unit and shall not include areas outside the dwelling unit, such as yards or accessory structures.

  • Only natural persons who are occupants of the permitted dwelling unit may be permittees; provided, nothing herein shall prevent a permittee from being affiliated with a business association or other entity that is not a natural person in connection with the home occupation.

  • No employee, other than the permittee or other occupants of the permitted dwelling unit, shall be permitted to report to work or perform work related to the home occupation in the permitted dwelling unit.

  • Permittees shall not allow more than five (5) customers or other business invitees to enter the permitted dwelling unit to examine or purchase goods or services on any single day. The foregoing prohibition applies to promotional events and business related parties at the permitted dwelling unit. The foregoing prohibition does not apply to or limit transaction conducted by telephone or over the internet.

  • No forms of advertising related to the home occupation may be places on the exterior of the dwelling unit or in a location visible from a public street, sidewalk, or alley. This prohibition includes, without limitation, yard signs or signs visible from windows.

  • No addition, alteration or remodeling that changes the residential character of the dwelling unit shall be permitted in connection with a home occupation.

  • The home occupation shall not generate additional vehicular traffic at or in the vicinity of the permitted dwelling unit that is measurably in excess of that normally associated with the residential use.

  • No home occupation which produces noise, odors, dust, smoke or electrical disturbances or in any way interferes with the quiet, peace, and enjoyment of surrounding residential uses shall be permitted.

  • The appearance of the property upon which the home occupation is permitted shall be maintained in a clean and orderly manner.

  • There shall be no commercial delivery of products or materials to or from the property upon which the home occupancy is permitted more than once every two (2) days or through the use of vehicles with three (3) or more axels.

  • A permittee may park or use no more than one (1) motor vehicle in connection with a home occupation on the property subject to the conditional use permit; provided, in no event shall the permittee utilize on-street parking for the aforementioned motor vehicle; further provided, the permittee must comply with all off-street parking requirements as set forth in Section 3-2-17 of the City Code. The foregoing parking restrictions do not limit permitted nonconforming uses allowed under Section 3-2-19 of the City Code.

What happens after I file my Home Occupation Permit request?

Your request will be reviewed by the City Planning Department for conformance with home occupation criteria. A determination on the application shall be made no later than ten (10) days after receipt of a complete application.  If approved, you may then proceed with obtaining a business license through the City Clerk’s office.  If denied, you may file an appeal through the City Clerk’s office within ten (10) days after of the Planning Department ruling.  The City Manager will make a determination on the appeal.  The decision of the City Manager may be further appealed to the City Council.
 

Additional information related to Home Occupation Permits or other Planning & Zoning issues may be answered by contacting the Elko City Planning Department.
 

Elko City Planning Department 
Elko City Hall
1751 College Avenue
(775) 777-7160

Home Occupation Application Form
Planning Applications Home Page