A. Scope: Business activities may be conducted within a residence if such activities comply with the standards of this section. All home occupations shall be secondary and incidental to the residential use. A home occupation should be conducted so that neighbors, under normal conditions, would not be aware of its existence. Home occupations are a temporary privilege which can be revoked if disruption of the residential neighborhood occurs.
B. Issuance Of Business License: The Zoning Administrator may, upon application, issue a home occupation business license if the Administrator is satisfied that the applicant will meet all of the conditions listed below and that the applicant has agreed in writing to comply with all said conditions.
C. Conditions: Each and every one of the following conditions must be agreed to by the applicant for a home occupation business license and observed at all times by the holder of the license:
1. The home occupation shall be clearly incidental and secondary to the use of the dwelling and shall not change the appearance, character or condition thereof. There shall be no displays, advertisements, stock in trade or signs related to the business, except those required by State law and which meet the provisions of this title.
2. Only members of the family related by blood, marriage or adoption, and who reside in the dwelling, may work on site. The only exception is that one additional person may be employed as a secretary, apprentice or assistant where there are no more than five (5) family members actively engaged in the home occupation. Employees who are not family members and/or who do not reside at the dwelling shall not meet, park or otherwise congregate at the home or in the general vicinity.
3. The home occupation shall not involve more than one room in the dwelling and cannot exceed twenty percent (20%) of the ground floor area.
4. The home occupation shall be conducted entirely within the dwelling, except for work performed off site. It shall not involve the attached garage or carport section of the dwelling, nor any accessory garage, building or yard space or activity outside of the main building.
5. The home occupation shall not involve the sale of commodities on the premises. Commodities may be produced on the premises and sold through other business outlets not on the premises. Items that are incidental to a service provided may be sold on a limited basis, i.e., a beautician who also sells hair products to clientele.
6. The home occupation shall not create noise, dust, odors, noxious fumes, glare or other nuisances, including interruption of radio and/or television reception, which are discernible beyond the premises.
7. The home occupation shall not create a hazard by using or storing flammable material or explosives or other dangerous materials.
8. The home occupation shall not create unusual amounts of waste, residential or otherwise.
9. The home occupation shall not involve the use of mechanical or electrical apparatus, equipment or tools not commonly associated with a residential use or as are customary to home crafts.
10. The home occupation shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood, with the exception of daycares, preschools, and private swimming lessons, nor involve the use of commercial vehicles other than standard delivery vehicles for delivery of materials to or from the premises.
11. The home occupation shall not involve the use or parking of equipment or motor vehicles having a gross weight of twelve thousand (12,000) pounds or more directly at the residence. One vehicle under twelve thousand (12,000) pounds may be used in association with the home occupation, provided it is garaged or stored entirely within a building or structure.
12. The home occupation shall be in conformance with all applicable Fire, Building, Plumbing, Electrical and Life Safety and Health Codes of the State, the County and the City.
13. All home occupation business licenses shall be valid for one year and may be renewed annually, provided there have been no reported violations, complaints or detrimental characteristics which may, in the opinion of the Development Review Committee, require termination of said home occupation.
14. Handicapped persons may obtain a waiver of one or more of these conditions through the Planning Commission to allow such persons to become self-sufficient.
D. Specific Businesses Prohibited As Home Occupations: In order to minimize traffic and off street parking and to avoid health and sanitation risks from the disposal of medical wastes, medical, dental and other health professional offices are specifically excluded as home occupations. Other types of businesses prohibited as home occupations include:
1. Auto, truck or motorcycle repair at the residence;
2. Furniture or cabinet making;
3. Major appliance repair (washers, dryers, refrigerators, etc.);
4. Small engine and lawn mower repair;
5. Auto body or fender work;
6. Trailer or boat repair;
7. Photo developing and processing beyond a hobby darkroom;
8. Sexually oriented businesses;
9. Group instruction facilities.
E. Child Daycare:
1. Child daycare is a permitted use in the following zoning districts: R1-12, R1-10, R1-7, MU, RM-7 and RM-20.
2. A child daycare business license is required prior to conducting any business on site. The applicant must submit proof that an application has been made to the State Department of Health with their City business license application.
3. No more than eight (8) children may be cared for in one day, including no more than two (2) children under the age of two (2). The childcare providers' children under age three (3) count toward the maximum number.
4. Child daycares must be in compliance with all State requirements located in Utah Code, in addition to all City home occupation conditions located in subsection C of this section.
F. Preschools:
1. Preschools, where not more than eight (8) children over the age of three (3) years will be receiving instruction at any given time, are a permitted use in the following zoning districts: R1-12, R1-10, R1-7, MU, RM-7 and RM-20.
2. There shall be no more than two (2) sessions per day lasting no more than four (4) hours, with no child attending more than one session per day.
3. A preschool business license is required prior to conducting any business on site. (Ord. 2014-15, 9-2-2014)
G. Noncompliance: Any home occupation business license shall be revoked by the City Council upon violation of any requirements of this section, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within ten (10) days of the receipt of written notice thereof. A permit may be revoked for repeated violations of the requirements of this section, notwithstanding compliance to the violation notice.
H. Appeal: In the event of denial of any permit, or objection to the limitations placed thereon, appeal may be made to the Planning Commission in accordance with the provisions for appeals under this title. (Ord. 07-03, 1-9-2007; amd. Ord. 2014-15, 9-2-2014)