Publisher's Note: This Section has been AMENDED by new legislation (Ord. 60-2024
, passed 8-13-2024). The text of the amendment will be incorporated below when the ordinance is codified.
A. Purpose: This section establishes regulations for home occupations within all dwellings to ensure they are compatible with any surrounding residential land uses and do not negatively impact the surrounding neighborhood. Home occupations are intended to promote local and sustainable economic growth and development.
B. Permitted Home Occupations: All home occupations not specifically listed as prohibited may be permitted subject to their compliance with the standards specified in Subsections G and H of this section.
C. Home Occupations Prohibited: The following businesses, regardless of their conformance with the standards in Subsection G of this section, are prohibited as home occupations:
1. Auto repairs;
2. Kennels;
3. Welding shops or machine shops;
4. Large appliance/electronics or equipment repair or service (washers, dryers, refrigerators and other appliances or equipment that are too large to be carried in one individual's arms);
5. Truck hauling;
6. Deliveries;
7. Stables;
8. Bottling plant;
9. Commercial bakery;
10. Industrial assembly;
11. Laboratory, medical, dental, optical;
12. Laboratory, testing; and
13. Any use that causes the emission of odor, smoke, gas, dust, vibration, magnetic or electrical interference, offensive noise, or other similar impacts extending beyond the property line of the lot where the occupation is located is prohibited.
D. Application: Applications for home occupations shall be filed with the Salt Lake City Business Licensing Division. Business license applications shall include the following information:
1. A complete description of the type of business proposed including the location of the storage and operations area for the home occupation;
2. The expected hours of operation of the business;
3. The expected number of clients per hour and total expected number of clients visiting the home per day; and
4. For home daycares, the applicant must submit the expected number and ages of children, the number of employees, both total for the day and the expected maximum number to be on the premises at any given time, along with proof of appropriate licensing from the State of Utah, or where applicable, proof of exemption. First and second home daycares each require a separate business license.
E. License Required: It is unlawful for any person, firm, corporation, or association to engage in a "home occupation" as defined in Chapter 21A.62 of this title without first obtaining a license pursuant to the provisions of Title 5, Chapter 5.02 of this code. Prior to issuance of said license, the standards set forth in this section must be satisfied and all applicable fees shall be paid. All home occupation business licenses shall be valid for one year, and may be renewed annually.
F. Determination of Completeness: Upon receipt of an application for a home occupation, the zoning administrator shall make a determination of completeness pursuant to Section 21A.10.010 of this title.
G. General Standards: Home daycares are exempt from the following standards and shall be subject to the standards in Subsection 21A.36.030.H. All other home occupations shall comply with the following standards:
1. The home occupation must be clearly incidental and secondary to the primary use of the dwelling for residential purposes;
2. The dwelling unit must be the principal place of residence for the person(s) conducting the home occupation;
3. The area of the residence, used for home occupations shall remain in character with the rest of the home except for such minor alterations necessary to conduct an approved home occupation;
4. The home occupation shall not be conducted in, nor in any way use, carport, or any portion of the yard. A home occupation may use a garage or other fully enclosed accessory structure provided all other standards in this section are met. As per Section 21A.36.200 of this chapter, a home occupation license to distribute produce grown on the premises for off premises sales may be conducted in the rear yard and include the use of accessory buildings but may not occupy required parking areas;
5. The home occupation work conducted at the residence shall not involve more than one employee from outside of the home, persons lawfully living in the residence may be employed;
6. Except for those vehicles identified by this chapter (urban farms), and the applicant's personal transportation, there shall be no vehicles or equipment stored outdoors, which would not normally be found at a residence. Service vehicles defined as an "automobile" in Chapter 21A.62 of this title which double as a personal vehicle such as taxicabs, limousine, or other vehicles used for mobile businesses and used for off site services may only be parked on site in a legal parking area;
7. Delivery of merchandise, goods, or equipment, to the site of the home occupation, shall be made by a vehicle typically employed in residential deliveries. No deliveries to the site of the home occupation by semitractor/trailer truck shall be permitted. Loading and deliveries to the site of the home occupation shall be limited to the hours of 8:00 A.M. and 6:00 P.M.;
8. No mechanical or electrical apparatus, equipment or tools shall be permitted in the home occupation except those which are commonly associated with a residential use or as are customary to home crafts, and which do not exceed 220 volts;
9. Tools, items, and equipment which are offensive or noxious by reason of the emission of odor, smoke, gas, dust, vibration, magnetic or electrical interference, noise, or other similar impacts extending beyond the property line of the lot where the occupation is located, are prohibited. Tools, items, and equipment used for the operation and maintenance of an urban farm must comply with those storage requirements itemized by Section 21A.36.200 of this chapter;
10. Stock in trade, inventory or other merchandise shall be allowed to be kept only in the interior space of the dwelling;
11. No outdoor storage is permitted in conjunction with the occupation other than produce for off premises sales, outlined in Subsection G.4 of this section;
12. Home occupations involving visitations from pedestrian or vehicular traffic shall only be conducted between the hours of 8:00 A.M. and 10:00 P.M.;
13. Any home occupation requiring client(s) visitation shall not occur at a frequency of greater than two clients per hour, and no more than one client may be served at one time and not more than one place of vehicular parking shall be occupied by a client at any time. Client(s) shall include one or more person(s) with a unified interest in visiting the home occupation at one specific time;
14. Only one nonilluminated nameplate, with a maximum sign face as specified in Chapter 21A.46 of this title, stating the name of the business or occupant and mounted flat against the building, shall be allowed. Except for the permitted nameplate, the home occupation shall not make or require any internal alterations, other than those necessary for an approved home occupation, nor any external alterations to the residence that creates the appearance of a commercial operation, nor shall the home occupation provide any visible evidence from the exterior that the building is being used for any other purpose than that of a residence; and
15. Direct retail sales are prohibited. Incidental or secondary sales ensuing from the services provided in conjunction with the home occupation are permitted. Limited sales or distribution of produce grown from an urban farm shall be permitted as specified by Section 21A.36.200 of this chapter.
H. Home Daycare Standards: A home daycare as defined in Chapter 21A.62 of this title may be allowed as a home occupation within a legally established residential dwelling, except in the M-1 and M-2 Districts. Home daycares shall comply with the following standards:
1. Group size shall not exceed 16 children at any one time, supervised by the number of caregivers required according to state licensing requirements;
2. Outdoor play areas provided for the home daycare shall be located only in the rear or side yards of the dwelling;
3. The home daycare must be accessory to the primary residential use of the dwelling (a second home daycare is exempt from this standard as permitted by state regulations);
4. The dwelling must be the home daycare provider's primary residence (a second home daycare is exempt from this standard as permitted by state regulations);
5. The dwelling used for the home daycare shall remain in character with the residence except for minor alterations necessary to conduct the home daycare; and,
6. A provider operating a home daycare within their primary residence may obtain an additional business license for a second home daycare within a separate residential dwelling that is not their primary residence as allowed by state regulations, provided:
a. The first home daycare is operating under an active business license, and the home occupation is in good standing with the city; and
b. The structure is not altered in any way that would prevent future use as a residential dwelling.
I. Decision by the Zoning Administrator: The zoning administrator shall issue a permit for the home occupation if they find that the standards of this title are met.
J. Loss of Home Occupation Use: The zoning administrator may terminate any home occupation use upon making findings that support either or both of the following conclusions:
1. Any of the required licenses or permits necessary for the operation of the business have been revoked or suspended; or
2. Any of the provisions of this section have been violated.
K. Termination of Home Occupation: The licensee shall be responsible for the operation of the licensed premises in conformance with this code. Any business license issued by the city may be suspended or revoked per the provisions of Title 5, Chapter 5.02 and this section.
L. Appeals:
1. Any termination of a home occupation may be appealed pursuant to the provisions of Title 5, Chapter 5.02 of this code as if the termination were a business license revocation.
2. Any person adversely affected by the denial or issuance of a permit for a home occupation may appeal that decision to the appeals hearing officer pursuant to Chapter 21A.16 of this title.
M. Existing Home Occupation Licenses: Existing licenses for home occupations which were legal under the prior zoning ordinance regulating home occupations but which are not permitted under this title are subject to the provisions of Chapter 21A.38 of this title.
N. Nontransferability: Permits for home occupations are personal to the applicant, nontransferable and do not run with the land. (Ord. 8-24, 2024: Ord. 3-13, 2013)