Chapter 42
10-42-1: PURPOSE:
10-42-2: SCOPE:

10-42-1: PURPOSE:linklink

The purpose of this chapter is to establish use and development regulations for home based businesses. These regulations are intended to ensure that limited business activities allowed in a residential zone do not disturb the residential character of a neighborhood. (Ord. 2009-01, 2-5-2009)
10-42-2: SCOPE:linklink

The requirements of this chapter shall apply to all home based businesses within the city. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws. (Ord. 2009-01, 2-5-2009)
10-42-3: PERMITTED USE:linklink

The home based business uses set forth below shall be allowed as permitted uses in any agricultural or residential zone, or any other zone in which such uses are permitted uses, subject to the development standards of section 10-42-4 of this chapter. The definition of each use is set forth in chapter 3 of this title.

Bakeries, catering, and home kitchens per Utah code section 4-5-9.5.

Computer/internet sales/programming.

Family child daycare facility, family childcare certificate care facility, preschool.

Handyman, contractor offices.

Janitorial, housekeeping, and landscaping service offices.

Mobile services.

Office, general.

One customer personal care service such as one chair beauty and barber shops.

Personal instruction service.

Production of home crafts. (Ord. 2009-01, 2-5-2009)

The development standards set forth in this section shall apply to any home based business allowed as a permitted use.

A. Dwelling Unit Calculation: A home based business in a multiple-family dwelling unit (3 or more units) shall be considered as one of the units in determining the allowable number of units.

B. Ownership: A home based business shall be owned and operated by a person who resides in the dwelling where the home based business is located. Such person shall be the primary provider of the labor, work, or service provided in the home based business.

C. Business License: A business license for the home based business shall be obtained from and continually maintained with the city.

D. Fire Inspection: Fire inspections for a home based business shall be determined by the fire department.

E. Inventory: Products produced pursuant to the home based business may be kept on the premises. No other stock in trade, inventory, commodities, or other merchandise shall be kept on the premises for storage, or wholesale or retail sales, except for incidental or sporadic use.

F. Modification Of Structures: There shall be no visible evidence from the exterior of a dwelling or structure that it is being used for any other purpose than that of a dwelling or accessory building.

G. Offensive Or Noxious Activities: The home based business shall not include any activity which unreasonably disturbs the peace and quiet of the neighborhood, including, but not limited to, interference of radio, television, or other electronic reception by reason of design, materials, or construction; lighting, odor, dust, sounds, vibrations, vehicles, parking and general operation of business. No smoke, odor, liquid or solid waste shall be emitted which is not usual and customary to the use of the property for residential purposes. Tools, items, equipment, or activities conducted within a dwelling or accessory building which are offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference, or noise are prohibited.

H. Secondary Use: The home based business shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes.

1. The home based business shall not disrupt the normal residential character of the neighborhood in which the residence is located.

2. Not more than twenty five percent (25%) of a dwelling shall be used for a home based business except for residential childcare.

3. A home based business shall not involve the use of yard space, or activity outside the main building not normally associated with residential use.

4. A home based business may utilize an accessory building existing at the time of business license approval only after approval by the fire department.

I. Signs: No signs advertising a home based business shall be permitted.

J. Traffic, Parking, And Access: No home based business use shall generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

1. Not more than two (2) customer parking spaces shall be created.

K. Combustible Materials: Combustible materials per fire code shall not be stored in the home.

L. Prohibitions: Shall specifically exclude vehicle repair work of any kind, commercial stables, animal boarding, auctions, restaurants, and funeral homes.

M. City And Utility Services: The home based business shall not cause a demand for city or utility services in excess of those usual and customary to the use of the property for residential purposes. (Ord. 2009-01, 2-5-2009)

Home based businesses found to be in violation of the development standards set forth in section 10-42-4 of this chapter shall be subject to all applicable remedies set forth in chapter 9 of this title to ensure compliance. (Ord. 2009-01, 2-5-2009)