A. Purpose: The purpose of this section shall be:
1. To allow the establishment and conduct of a modest level of business activity within or near dwellings within the City provided that such activities will be conducted under conditions and at levels of operation that will not adversely affect, undermine, injure or otherwise significantly depreciate the residential character of the area; and
2. To set forth the minimum conditions and criteria considered necessary to ensure that all business activity carried out within residential areas will remain incidental and to effectively implement the purposes set forth above.
B. Application Of Section; Exceptions: The provisions of this section shall apply to all persons, firms, or corporations which conduct or propose to conduct any business, service, professional activity, qualifying as a home occupation from any dwelling located in any zoning district in the City allowing residential dwellings as a permitted use. Provided that this section shall not apply to:
1. The infrequent and incidental sale of personal property (subject to subsection 18.22.040F of this title).
2. The activities associated with the production of agricultural commodities and the incidental sale of such commodities produced on the premises.
3. Occasional business pursuits by individuals who are under eighteen (18) years of age.
C. Procedure For Approval Of A Home Occupation: The applicant shall submit a home occupation business license application with the information required on the official application form unless the use is exempt in accordance with Utah Code section 10-1-207(7)(8).
D. Conditions And Criteria: All home occupations shall be subject to full compliance with the following conditions and criteria:
1. Home occupations shall be permitted in all residential zones unless specifically identified as prohibited.
2. Except as specifically provided for herein, the home occupation shall be conducted entirely within a completely enclosed structure on the property.
3. Except as specifically provided for herein, the home occupation shall occupy not more than five hundred (500) square feet of any building.
4. The activities of the home occupation shall be conducted by members of the residing family. Provided that not more than one (1) person, not a member of the residing family, may be engaged in the home occupation.
5. Any sale of goods not produced as part of the home occupation shall constitute a clearly incidental part of the operation of the home occupation. There shall be no display of goods produced by the home occupation observable from outside the dwelling.
6. No commercial vehicles shall be stored at the premises except one (1) delivery truck which shall not exceed ten thousand (10,000) GVW rated capacity.
7. Not more than six (6) cars (including those owned by the resident family) may be parked at the residence at any one time and such vehicles shall be parked within the driveway or in front of the residence. Clients of the home occupation shall not park or store vehicles at the premises overnight.
8. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not have the effect of changing the character of the building or the attendant yard area from that of a dwelling.
9. Signs shall be limited to one (1) nonilluminated identification nameplate not larger in area than four (4) square feet. Electric or electronic signs shall not be permitted. No on site advertising signs shall be permitted. The sign must be attached to the building where the home occupation is to take place.
10. The home occupation shall be registered with the license agency of the City and shall maintain a current business license in accordance with City regulations.
11. Entrance to the home occupation from outside shall be through the same entrance normally used by the residing family except when a separate entrance may be required by regulation of the State Health Department or other public agency. The garage door shall not be used to satisfy this requirement.
12. The activities of the home occupation shall not involve the use of hazardous materials or chemicals in amounts that will increase the hazard of fire, explosion or safety to the structure the use is conducted in, adjacent structures, or the occupants thereof.
13. The operation of the home occupation shall not produce any noise, smoke, glare, light, fumes, dust, electronic interference or similar condition which is readily discernible outside the structure the use is conducted in.
14. The physical appearance, traffic, and other activities in connection with the home occupation will not be contrary to the intent of the zone in which the home occupation is located and will not depreciate surrounding property values or the quality of the area for residential purposes as determined by the City.
15. The home occupation shall be operated in compliance with any applicable City or State requirements.
16. The home occupation applicant must either be the bona fide owner of the home (as shown on the current Utah County tax assessment rolls) or if the applicant is renting or leasing the home, the homeowner must provide written permission allowing the applicant to conduct a business in the home. Said letter of permission must be signed and notarized by the homeowner.
17. Athletic, swimming, equestrian, or other similar lessons may be conducted either indoors or outdoors on a court or arena, in a pool, or on a similar facility that is purpose built for the activity with a maximum of six (6) students per session. Indoor lessons may exceed the maximum five hundred (500) square foot size limitation outlined in subsection 3.
18. Child oriented businesses such as day cares and preschools shall be limited to a maximum of ten (10) clients or students including children living in the home if participating in the preschool or daycare activities. It is recognized that during pick up and drop off times that more than six (6) vehicles may be visiting the site, however, not more than six (6) vehicles, as described in subsection 7, may remain during business hours with the exception of one event per year (such as a class graduation), which may exceed six (6) vehicles. The Planning Commission may limit the number of clients or students to less than ten (10) if it is determined that a property and/or road cannot safely handle the proposed increase in traffic.
Day care occupations must obtain an appropriate State of Utah certificate or license and adhere to the rules and regulations of the Utah Department of Health, Bureau of Child Development (rules are available online at www.rules.utah.gov).
19. Home occupations that are proposed to be located within a garage must be located so as to not reduce the total number of usable covered parking spaces below two (2).
20. Uses that include the on-site storage, repair and/or sale of vehicles, boats, appliances or heavy equipment; commercial welding; construction yards; or animal kennels are not permitted. Proposed uses not specifically listed as prohibited but that may not be compatible with a residential neighborhood shall be referred to the Planning Commission for review under subsection F.
E. Administrative Approval: Administrative approval for a home occupation may be granted by the Community Development Director, or his or her designee, if the home occupation can meet the following criteria:
1. The applicant must be able to meet all of the listed requirements and criteria for the home occupation in subsection D of this section. However, the stricter requirements in this section shall apply to administrative approvals.
2. The home occupation is conducted entirely within an enclosed building on the property.
3. If the business includes clientele visits, all visits shall be by appointment only and shall not exceed two (2) visits per hour.
4. The Community Development Director, or his or her designee shall review all administrative approvals on an annual basis when the business license is up for renewal. If it is the finding of the Community Development Director, or his or her designee that the business has expanded beyond what the administrative approvals allow, then the business license and home occupation must be approved by the Planning Commission.
5. The Community Development Director, or his or her designee shall not be bound to grant administrative approvals for home occupations. If for any reason the Community Development Director, or his or her designee, at his or her discretion, decides not to grant administrative approval, the applicant must then seek approval from the Planning Commission.
F. Planning Commission Review: The Planning Commission shall review all home occupation requests that do not comply with subsection E of this section. In order to more fully achieve the purposes of this section and to protect the health, safety and quality of the residential environment in the area the Planning Commission may attach conditions to the establishment and/or operation of a home occupation not inconsistent with the standards hereinabove stated.
A written notification shall be sent to all property owners within a three hundred foot (300') radius of the property where the home occupation will be located. Said notification shall explain in detail the proposed home occupation and the activities that will be involved and provide an opportunity for the neighboring property owners to provide feedback prior to the Planning Commission meeting.
G. Continuing Obligation; Business License Required: All home occupations shall be operated in compliance with the conditions and criteria hereinabove set forth and any conditions which may be attached by the Community Development Director, or his or her designee or the Planning Commission as part of the approval. Upon approval the applicant shall be eligible to obtain a City business license. Issuance of the business license shall be conditioned upon continued performance of the conditions of approval and said license may be revoked or refused renewal upon a determination made by the Planning Commission, following notice and hearing on the matter, that the owner and/or operator has failed to maintain or operate the home occupation in accordance with the conditions of approval.
H. Background Checks: Background checks will be conducted on all applications for home occupations.
I. Appeals: An applicant may file an appeal of any final decision by the Community Development Director, his or her designee, or the Planning Commission in accordance with section 18.84.460 of this title. (Ord. 2017-02, 6-7-2017, eff. 7-6-2017; amd. Ord. 2023-01, 1-18-2023)