Published
One employee turns the cabin business into a permit. Here is what the permit asks.
One employee, or an eleventh customer, and the cabin needs a permit
The county's exempt home occupation is generous but narrow, and its ten conditions are all-or-nothing. The moment a business has a non-resident employee, or more customer traffic than the exemption allows, the code stops calling it a home occupation. It becomes a residential business, and a residential business needs a Class I permit under Division 3 of Appendix I.
“Residential business means a commercial-type activity conducted solely by the occupants of a particular dwelling unit in a manner incidental to and subordinate to the use of the dwelling unit as a residence, but that may have non-resident employees and/or frequent customer visits to the residence.”
— Fremont County Development Code, 2011 Edition (Ordinance 2011-04), Appendix I section 1.24. Consolidated through Ordinance 2026-03. Re-extracted from the county's live PDF 1 September 2026
The permit is a real thing with a real shelf life: it is valid for two years from approval and renewable for a further two years on payment of a renewal fee, with a renewal application and the reports described below. The county also gets to come and look, once a year.
The ten standards of the permitted version
| Standard | The rule |
|---|---|
| Lot size | Minimum one acre, gross |
| Access | Direct access to a public road, or the site contributes to a road maintenance association |
| Structure | Business conducted within the residence, except an accessory structure for a professional office or similar; a detached structure used for the business may not exceed 3,000 square feet in a Rural zone or 1,500 square feet in a Residential zone |
| Noise | Within the county's noise standard; the Administrator may require a noise analysis |
| Traffic | Customer or client vehicle trips not more than ten per day |
| People | Owned and operated by residents of the premises; no more than two employees other than residents |
| Retail | No retail sales on the premises except as the zoning use table permits |
| Storage | Equipment, supplies, materials and goods screened from adjacent property and public roads |
| Parking | Adequate on-site parking for employees and customers, in addition to the dwelling's required spaces |
| Heavy vehicles | Not permitted in Residential zones; limited to two in Rural zones |
Two of those rows do most of the deciding. The structure row makes the zone letter on the parcel worth twice the floor area: 3,000 square feet of shop in a Rural zone against 1,500 in a Residential one. And the heavy-vehicle row is the contractor's row. Two trucks in a Rural zone, none in a Residential one, counted the code's way, where a truck and a trailer with one machine on it are already two.
Section 1.28 then closes the loop. A use that does not meet all of Division 3 does not qualify for the permit at all; it is defined as a commercial or industrial use and must meet the commercial requirements of the code, including proper commercial zoning. There is no third tier inside a residential zone. What the code does not name, it prohibits, and this is where the naming stops.
What the general provisions add on top
Division 1 applies to every permitted residential business, and it is where the permit stops being a form and becomes a set of obligations about the house itself.
- Water. On a municipal supply, written evidence the account is in good standing and the capacity adequate. On a well, a laboratory test of water drawn inside the dwelling, performed immediately before each renewal, meeting EPA drinking-water standards. If it fails, corrective action with Eastern Idaho Public Health, and bottled-water delivery is an acceptable alternative source.
- Septic. A condition evaluation from a certified inspector before each renewal, and a capacity evaluation the county will accept only from Eastern Idaho Public Health. The county's daily wastewater figure for a residential business is 250 gallons a day per dwelling of one to three bedrooms, plus 50 for each further bedroom, plus 20 per non-resident employee. The system side of that is the septic site's subject; the permit side is that the rated capacity of the installed system caps the employee count.
- Fire. Smoke detectors in each sleeping room and at the top of each stairway, tested twice a year. Carbon monoxide detectors within 15 feet of each bedroom entrance if the property has fossil-fuel heat, a fuel-fired appliance, a fireplace or an attached garage. A kitchen-rated extinguisher near the kitchen. The county's Open Burning Ordinance, 2010-02, posted in a conspicuous place.
- Waste and nuisance. Enough animal-proof receptacles for weekly disposal, out of sight from the street except on collection day, and noise within the county standard — whose figures the Ashton site sets out.
- Parking and storage. Off-street parking for every employee, guest and visitor per the parking standard, on top of the dwelling's own two spaces, and every trailer of any kind parked off the street. Materials stored inside or screened from public view.
- Signs. One non-illuminated wall sign of no more than six square feet and one non-illuminated on-site directional sign of no more than four. That is the whole allowance, and it is more than the exempt home occupation gets, which is nothing.
- Tax. Idaho State Tax Commission registration on the application; failure to collect and remit sales and use tax can suspend or revoke the permit.
The inspection, and the three-strikes rule
Holding the permit means granting the county and Eastern Idaho Public Health permission to inspect the part of the dwelling and premises used for the business once a year, with at least five days' notice, during business hours, limited to the items in the ordinance. Deficiencies are served in writing and must be corrected within 30 days with written evidence. Failure can suspend or revoke the permit. And if the same deficiency is found three times within the permit period, the permit is revoked and the owner may not re-apply for two years.
One more thing sits in the same appendix and is not current. Division 5 sets out a permit scheme for transient rental of cabins and homes, and Idaho law now bars the county from requiring any short-term rental permit. A residential business permit is for a business run from the cabin, not for renting the cabin, and the two should not be confused in either direction.
Deciding which version you are
- Count the people. Zero non-resident employees and nobody reporting to the site is the exempt version; one or two employees is Division 3; three is commercial zoning.
- Count the trips. Twelve visits a day is the exempt ceiling; ten customer trips a day is the permitted one, which is lower, because the permitted version assumes employees are driving too.
- Measure the lot. Under one acre gross, there is no Division 3 route at all.
- Read the zone letter. It sets the shop's floor area and whether a heavy vehicle may be kept.
- Read the covenants before any of this, because on platted ground a business clause in the CC&Rs is enforced by the association whatever the county permits.
Common questions
What is a residential business in Fremont County?
A commercial-type activity run by the occupants of a dwelling, incidental to its use as a residence, that may have non-resident employees or frequent customer visits. It is the step above an exempt home occupation and requires a Class I permit under Appendix I, Division 3.
How long is a residential business permit valid?
Two years from approval, renewable for a further two years on payment of a renewal fee with a renewal application and the required water, septic and inspection reports.
What is the minimum lot size for a residential business?
One acre, gross. Below that there is no Division 3 route, and the business would have to meet the exempt home occupation's ten conditions instead.
How many employees can a residential business have?
No more than two employees other than residents of the premises. The business must be owned and operated by people living there.
How much customer traffic is allowed?
Customer or client vehicle trips may not exceed ten per day. That is lower than the exempt home occupation's twelve visits a day, because the permitted version assumes employee traffic as well.
How big can a shop building used for the business be?
A detached structure used for a residential business may not exceed 3,000 square feet in a Rural zone or 1,500 square feet in a Residential zone, and must be adequately buffered from adjacent property.
Can I keep work trucks at a residential business?
Heavy commercial vehicles are not permitted at all in Residential zones and are limited to two in Rural zones. A truck and trailer carrying one piece of construction equipment counts as two vehicles.
What water and septic evidence does the permit require?
On a well, a laboratory test of water drawn inside the dwelling immediately before each renewal. For septic, a condition evaluation from a certified inspector and a capacity evaluation from Eastern Idaho Public Health, whose rated capacity caps the employee count.
Does the county inspect a residential business?
Yes. Holding the permit means allowing the county and Eastern Idaho Public Health to inspect the business part of the premises once a year, with at least five days' notice, during business hours. Deficiencies must be corrected within 30 days.
What happens if the business does not fit Division 3?
It does not qualify for a residential business permit, is defined as a commercial or industrial use, and must meet the commercial requirements of the code including proper commercial zoning. There is no further tier inside a residential zone.