A. It is the purpose of this chapter to establish guidelines, conditions and requirements for limited nonagricultural business activities in residential and agricultural zones. For the purpose of this chapter, "home occupation" is defined as an occupation or profession in which the associated activity or use is clearly incidental and secondary to the residential use of a dwelling unit, there is no alteration to the exterior of the dwelling unit to accommodate the occupation or profession, and such occupation or profession does not adversely affect the residential character of the surrounding neighborhood. A home occupation should be conducted in such a way that neighbors or passersby would not, under normal circumstances, be aware of its existence.
B. It is recognized that home occupations may be desirable to reduce "start up" costs for small businesses and to provide gainful employment within the community. However, if a home occupation grows to the point, or is conducted in such a manner, that the conditions of this chapter are not met, the home occupation shall cease and any continuing business shall be moved to an appropriate location in a commercial zone. (Ord. 1993-44, 12-8-1993)
A. It shall be unlawful for any person or entity to engage in a home occupation in any agricultural or residential zone without first obtaining a home occupation business license to do so from the City Recorder. The procedure to be followed and applicable fees for a home occupation business license are set forth in the business licensing regulations, title 6 of this Code.
B. Businesses that do not have combined offsite impacts of the home based business and the primary residential use that exceed the impact of the residential use alone shall pay a licensing fee to cover the cost of issuing the license, as set forth in the City's consolidated fee schedule. (Ord. 2017-27, 10-3-2017)
Each home occupation shall comply with all of the following conditions:
A. Residency: A home occupation must be owned and managed and all business conducted by a bona fide resident of the parcel where the license is sought. A home occupation may not be operated on a property other than the owner's residence.
B. Employees: Only family members related by blood, marriage or adoption who are bona fide residents of the dwelling unit shall be employed on said premises, except that one additional person may be employed at any one time as a secretary, computer operator, apprentice or helper where there are no more than five (5) family members actively engaged in the home occupation.
C. Exterior Modifications: No exterior architectural or structural modifications shall be made to any dwelling unit to accommodate a commercial use in the dwelling.
D. Interference With Electrical Or Mechanical Equipment: Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers, or causes fluctuations in line voltage outside the dwelling units, or uses which create noise, smell, sound, light or vibration not normally associated with residential use, shall be prohibited.
E. Display Of Products: There shall be no display or sale of goods, wares or merchandise upon said premises other than those produced upon the premises. Where the home occupation involves the sale of products, such products shall generally be delivered directly to the customer.
F. Advertising Sign: One sign advertising the business may be permitted, but shall be limited to one square foot in area and shall be attached to the front face of the building or may be displayed in a window.
G. Vehicular Traffic: The home occupation shall not generate substantially greater vehicular traffic than commonly associated with residential activities in the neighborhood in which it is located.
H. Hazardous Conditions: The home occupation shall not create a hazard by using flammable materials, explosives or other dangerous or hazardous materials, or by keeping, raising or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person.
I. Demand For Services: The home occupation shall not create a demand for Municipal services or community facilities in excess of those usually and customarily provided for residential uses.
J. Area Usage: Not more than twenty five percent (25%) of the floor area of a dwelling may be devoted to a home occupation and/or storage of materials, equipment or stock in trade associated with the occupation, except as provided in section 11-35-040 of this chapter.
K. Conduct Within Dwelling: The home occupation shall be conducted entirely within the dwelling and shall be clearly incidental, secondary and compatible to the residential use of the dwelling. The home occupation shall not occupy or use any accessory building, yard space or activity outside the main building, or an attached garage to the extent that vehicle parking is displaced, unless approved by the Planning Commission as provided in section 11-35-040 of this chapter.
L. Foster Home, Daycare, Preschool: A foster home, child daycare center or preschool shall not have more than sixteen (16) children at one time subject to section 11-35-045 of this chapter.
M. Teachers: Music, dancing teachers or tutors shall be limited to not more than sixteen (16) pupils at one time subject to section 11-35-050 of this chapter.
N. Vehicle Size; Parking: The size of vehicles used in conjunction with a home occupation shall not exceed one ton rated capacity. Off street parking, in compliance with the provisions of this title, shall be provided for all business and private vehicles associated with a residential property.
O. Code Conformance: There shall be complete conformity with all City and State codes, including business license regulations. Depending on the type of business, periodic inspections may be made as required by these codes or as deemed necessary or desirable by the City.
P. Prohibited Uses: The following uses, among others, shall not be allowed as home occupations:
1. Barbershops and beauty salons, except for a barber or beautician who has no assistants;
2. Kennels or animal hospitals;
3. Commercial stables;
4. Restaurants;
5. Repair shops or service establishments, except for the repair of electrical appliances, typewriters, televisions, cameras or other similar small items. (Ord. 2012-19, 6-5-2012; amd. Ord. 2016-23, 2-16-2016; Ord. 2024-10, 2-20-2024)
A. Permitted Conditional Uses: The following home occupations may be allowed only upon approval of a conditional use application by the Planning Commission and issuance of a conditional use permit:
1. Uses where the applicant proposes to use more than twenty five percent (25%) of the dwelling in connection with the business.
2. Any use where outside storage, use of an accessory building or exclusive use of an attached garage is anticipated or requested in conjunction with the home occupation.
B. Review Standards: In evaluating a home occupation conditional use, the Planning Commission shall apply the review standards contained in chapter 8 of this title and, if applicable, site development standards contained in chapter 7 of this title. (Ord. 2010-21, 5-18-2010; amd. Ord. 2024-10, 2-20-2024)
A. Building Code Compliance: Uses in which over eight (8) but not more than sixteen (16) individuals (including any natural, adopted or foster members of the operator's household) are cared for or receive instruction in the home at any one time. Such uses may include dance instruction, aerobics classes, music lessons, preschools, child daycare, crafts classes and other similar uses. For all such uses, the Farmington City building official and Fire Marshal shall inspect the facilities to ensure compliance with the requirements of the International Building Code.
B. Compliance With The State: Preschool and child daycare uses shall submit documentation within thirty (30) days of approval that all Utah State Department of Social Services requirements have been met. The entire yard, or minimum outside area required by the State Social Services, shall be fenced.
C. Traffic Management:
1. For a home occupation which may hold more than one class or session during the course of a single day, sessions shall be timed so that the conclusion of one and the start of the next have at least fifteen (15) minutes between them to reduce the potential of drop off and pickup traffic being present at the same time.
2. The applicant for a home occupation qualifying as a preschool, daycare or one which offers class instruction must provide to Farmington City a plan demonstrating their plan to manage traffic impacts on the neighborhood. This plan will indicate when pickup and drop-off will occur, where parking will be encouraged, and should be shared with clients and be monitored by the owner of the home occupation. (Ord. 2024-10, 2-20-2024)
The following uses are exempt from the provisions of this chapter:
A. Sale of goods or services by residents age eighteen (18) or under;
B. Temporary home occupations, such as garage sales, yard sales, or craft boutiques that occur not more than four (4) times a year with each event lasting not more than seventy two (72) hours;
C. Promotional meetings for the purpose of taking orders for merchandise, by invitation only, which occur not more than once each month;
D. Community/neighborhood fundraisers which are sponsored and/or approved by the City;
E. Other exemptions as specifically approved in writing by the City Council. (Ord. 2017-27, 10-3-2017)
Violation of, or failure to comply with, the requirements of this chapter may result in revocation of the home occupation business license by the body which originally approved the home occupation. Any activity presenting an immediate threat to the health, safety and welfare of the neighboring residents may be ordered terminated immediately by the Mayor under the powers given him to act in an emergency. (Ord. 1993-44, 12-8-1993; amd. Ord. 2024-46, 9-3-2024)
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