(a) The General Assembly finds that:(1) Small businesses often begin at home because of lower costs and increased flexibility;(2) Home-based work plays a significant role in the economy as roughly half of all businesses in the United States operate primarily out of a residence; and(3) Local government can hold back entrepreneurs and limit the economy of this state by enacting ordinances that require an individual to obtain a permit to operate a business in or work from the individual's own residence.
(1) Small businesses often begin at home because of lower costs and increased flexibility;
(2) Home-based work plays a significant role in the economy as roughly half of all businesses in the United States operate primarily out of a residence; and
(3) Local government can hold back entrepreneurs and limit the economy of this state by enacting ordinances that require an individual to obtain a permit to operate a business in or work from the individual's own residence.
(b) It is the intent of the General Assembly that this section strengthen home-based work and remove unnecessary barriers to working from home.
(c) As used in this section:(1) “Home-based work” means any occupation performed or business conducted by a resident within a residence that is clearly incidental to and secondary to the principal use of the structure for residential dwelling purposes;(2) “Legislative body” means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of local government;(3) “Local government” means a city of the first class, a city of the second class, or an incorporated town;(4) “Ordinance” means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that prohibits or requires an individual to obtain approval from a local government before operating a home-based business from a residence or performing home-based work, including without limitation home occupation permits and licenses; and(5) “Residence” means a permanent dwelling place, unit, or an accessory structure.
(1) “Home-based work” means any occupation performed or business conducted by a resident within a residence that is clearly incidental to and secondary to the principal use of the structure for residential dwelling purposes;
(2) “Legislative body” means the quorum court of a county or the council, board of directors, board of commissioners, or similar elected governing body of local government;
(3) “Local government” means a city of the first class, a city of the second class, or an incorporated town;
(4) “Ordinance” means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that prohibits or requires an individual to obtain approval from a local government before operating a home-based business from a residence or performing home-based work, including without limitation home occupation permits and licenses; and
(5) “Residence” means a permanent dwelling place, unit, or an accessory structure.
(d) Notwithstanding any other law, local government may license or regulate home-based work if the home-based work is not prohibited and shall only be restricted as to the following:(1) Advertisements, signs, or other exterior evidence that a residence is being used for any purpose other than a residence;(2) Nuisances, including without limitation odor, excessive dust, smoke, vibration, noise, light, heat, glare, or similar disturbances;(3) Health, fire, and safety codes;(4) Traffic, parking, building, and maintenance codes;(5) Protections for children, the elderly, and the infirm;(6) Limitations on the number of employees, customers, and tenants at the residence;(7) Prohibitions or limitations related to public health, safety, and welfare; and(8) Licenses and regulations that apply to businesses without regard to location.
(1) Advertisements, signs, or other exterior evidence that a residence is being used for any purpose other than a residence;
(2) Nuisances, including without limitation odor, excessive dust, smoke, vibration, noise, light, heat, glare, or similar disturbances;
(3) Health, fire, and safety codes;
(4) Traffic, parking, building, and maintenance codes;
(5) Protections for children, the elderly, and the infirm;
(6) Limitations on the number of employees, customers, and tenants at the residence;
(7) Prohibitions or limitations related to public health, safety, and welfare; and
(8) Licenses and regulations that apply to businesses without regard to location.
(e) This section does not supersede:(1) An agreement between a homeowners' association and a homeowner; or(2) Any valid deed restrictions.
(1) An agreement between a homeowners' association and a homeowner; or
(2) Any valid deed restrictions.
(f) If a local government takes enforcement action against an individual for violating an ordinance, then the local government shall demonstrate that the ordinance is consistent with subsection (d) of this section.