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. 2017-15, 11-16-2017)
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. 2017-15, 11-16-2017)
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.

Computer/internet sales/programming.

Handyman, contractor offices.

Janitorial, housekeeping, and landscaping service offices.

Licensed family child care or residential certificate child care; preschool.

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. 2017-15, 11-16-2017)

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

A. 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.

B. Employees: A home based business established after the adoption of this chapter may not have employees who do not permanently reside in the home who work at or from the home except a licensed family child care or a residential certificate child care where a single additional employee is required by the number and/or ages of children.

C. Business License Or Registration: Home based business owners must apply for a City business license. Licensing and any fees will be in accordance with the business licensing regulations in title 3 of this Code.

D. Fire Inspection: Fire inspections for a home based business shall be determined by the Hurricane Valley Fire District.

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 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 Hurricane Valley Fire District.

I. Traffic, Parking, And Access: No home based business use shall use on-street parking for business customers or business vehicles.

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

J. Combustible Materials: Combustible materials per Fire Code shall not be stored in the home.

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

L. Utility Services: The home based business shall not cause a demand for utility services in excess of those usual and customary to the use of the property for residential purposes. (Ord. 2017-15, 11-16-2017)

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. 2017-15, 11-16-2017)