1285 S Clay St – Home Occupation Zoning Permit (with Informational Notice)

RE: Request for a Home Occupation Zoning Permit with Informational Notice (ZPIN)

1285 S Clay St


City Council Districts: Deborah Ortega – At Large 1

Robin Kniech – At Large 2

Jolon Clark – District 7

Registered Neighborhood Organizations: Inter-Neighborhood Cooperation (INC)

Southwest Denver Unidos

Ruby Hill Neighbors

We received an application for a home occupation at 1285 S Clay St to provide child care (up to 12 children). Please review the details of the proposal (attached) and send any questions, comments or objections to Zoning.Review by May 4,2019.

I’ve attached the pertinent sections of the Denver Zoning Code at the bottom of this email for your reference.


Section 11.9.1 INTENT Home Occupations are a type of accessory use that accommodates limited business activities conducted incidental to a primary residential use. This Division’s allowance for Home Occupations is intended to achieve multiple city goals and objectives, including reducing the number of home-to-work vehicle trips with related improvements in air quality; facilitating small business ventures that contribute to the city’s overall economic health; and accommodating demand for certain business services convenient to where prospective clients or customers live. The standards and review procedures applicable to Home Occupations are generally intended to minimize the impact such uses may have on the character and enjoyment of the surrounding residential neighborhood, while furthering the goals and objectives stated herein.


In addition to any use-specific limitations in this Division 11.9, all Home Occupations in all zone districts shall comply with the following general limitations. In case of any conflict between the general limitations in this Section and a more specific use limitation, the more specific use limitation shall apply to the Home Occupation. Residential Use

A Home Occupation legally operated in a dwelling unit according to this Section shall be considered, in combination with the primary dwelling unit use, a residential use for all purposes of this Code. Location

A. All Home Occupations shall operate in a completely enclosed structure, except that:

1. A child care home (small or large) may include outdoor play and/or seating areas.

B. Home Occupations may operate in the primary dwelling unit structure, or in a detached accessory structure, allowed under this Code. Personal to Applicant

A. Only the person or persons maintaining the dwelling unit as their primary place of residence shall operate the Home Occupation. For purposes of this provision only, “person” shall not include any corporation, partnership, firm, association, joint venture, or other similar legal entity.

B. A zoning permit for an approved Home Occupation shall automatically expire at such time as the applicant no longer resides at the subject property. External Evidence and Signage

A. If operated inside the primary dwelling unit structure, the Home Occupation shall not have a separate external entrance serving the Home Occupation.

B. The Home Occupation shall not display or create outside the building any external evidence of the operation of the Home Occupation, except for the following:

1. A child care home (small or large) may include outdoor play and/or seating areas.

3. One non-animated, non-illuminated flat wall or window sign having an area of not more than 100 square inches is permitted for each street frontage of the subject zone lot. Other Limitations

A. The Home Occupation shall not have any employees or regular assistants not residing in the primary or accessory dwelling unit located on the subject zone lot, unless specifically permitted or required by the terms of a state or city license necessary to operate the permitted Home Occupation.

Section 11.9.3 CHILD CARE HOME – LARGE

Large Child Care Home, where permitted with limitations, is permitted as a Home Occupation subject to compliance with the following limitations: The applicant shall be the owner or the applicant has written permission of the owner of the subject property. The proposed Large Child Care Home is the applicant’s primary place of residence. The applicant has obtained or will obtain upon granting of the zoning permit all licenses and certifications required by the state and the city. The proposed Large Child Care Home complies with the building and fire codes and all regulations established by the City. No other Large Child Care Home is located within 400 feet of the proposed Large Child Care Home. The proposed Large Child Care Home complies with all the requirements of the zone district in which it is located, excepting for any legally nonconforming structure. The applicant shall implement and maintain an ongoing traffic management program that ensures that the operation of the proposed Home Occupation will not create traffic or parking problems in the neighborhood as a result of either the additional traffic introduced or the drop-off and pick-up of children, and that off-street parking shall be provided for each member of the staff on duty unless it is clearly proven that such off-street parking provisions should be modified by the Zoning Administrator. The Zoning Administrator may fix such reasonable terms and conditions to the granting of a zoning permit found necessary to mitigate adverse impacts on adjacent properties. In addition, each zoning permit approved for a Large Child Care Home shall include the following conditions and requirements:

A. The proposed home shall provide full-time supervision of the children in the home during hours of operation; and

B. The proposed home shall comply with the limitations on external effects as established for primary uses in the district in which it is located.

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