3-7-6: ISSUANCE OF LICENSE:
A. Procedure: All home occupation business licenses shall comply with the requirements in chapter 1 of this title. In addition, the business license officer may, upon application, issue a business license which shall state the home occupation permitted, any special conditions which are not listed in this chapter, and any time limitations imposed thereon.
B. Conditions Of Issuing And Maintaining A Home Occupation License: In order to prevent offsite impacts, all of the following conditions shall be complied with by the holder of a home occupation business license:
1. All related business activities shall be conducted in a manner that is indiscernible from, and clearly incidental and secondary to, the residential use, without altering the dwelling, site or structures, the character of the neighborhood, the demand for public facilities or services, or creating an unsafe condition.
2. All related business activities shall take place entirely within a building on the residential property. No portion of the business shall be visible from the exterior of the residence and shall occupy no more than the greater of:
a. Four hundred (400) square feet, or
b. Twenty percent (20%) of the combined square footage of the dwelling unit and any accessory structure that is not required for the parking of vehicles, or
c. That area of the home kitchen as permitted by the health department as part of a cottage food operation as defined in Utah Code Annotated section 4-5-501.
3. Only materials, equipment, or tools recognized as part of a normal household may be used. No motor power other than electrically operated motors, acceptable for connection to a 240/120-volt service, shall be used.
4. None of the related business activities shall use or require the use of an electrical service that exceeds an 800-amp single phase, 240/120-volt service.
5. None of the related business activities shall cause, directly or indirectly, any noise, dust, odor, fumes, vibrations, or unreasonable disturbance in excess of that which is normal to a residential use. In addition, it shall not cause or generate any other condition that interferes with the peace, health, safety or general welfare of people or property in the surrounding area.
6. Only one vehicle and one trailer per residence may be used for the business. The vehicle shall not be longer than twenty-one feet (21'), the trailer shall not be longer than fifteen feet (15'), and neither shall be greater than eight-and-one-half feet (8.5') in height including any attached apparatus, measured from the ground.
7. No merchandise or goods may be received or delivered to the residential property for the business except by parcel post or letter carrier mail service using vehicles typically employed in residential deliveries. Use of a semi-tractor/trailer truck or forklift is not permitted.
8. The residential property and all buildings used for the business must comply with all applicable federal, state, county and city laws and ordinances.
9. No business or commercial sign or advertising is displayed on the premises.
C. Class A Home Occupation: In addition to the requirements of subsection B of this section, Class A home occupation(s) shall comply with the following conditions:
1. Only legal permanent occupants of the residence may work in or on the residential property; and
2. Persons who are not legal permanent occupants of the residence shall not come to the residential property for any business purpose.
D. Class B Home Occupation: In addition to the requirements of subsection B of this section, Class B home occupation(s) shall comply with the following conditions:
1. In addition to the legal permanent occupants of the residence, one nonresident may work in or on the residential property. The nonresident may only come to the residential property for business purposes between the hours of seven o’clock (7:00) A.M. and eight o’clock (8:00) P.M.
2. No more than ten (10) people shall come to the residential property at any one time for a business purpose and only between the hours of seven o’clock (7:00) A.M. and eight o’clock (8:00) P.M.
3. Daycares, preschools and classes are allowed outdoor activities between the hours of seven o’clock (7:00) A.M. and eight o’clock (8:00) P.M.
4. No merchandise or goods shall be sold at the residential property except as allowed by state law.
E. Violation: Any business operated in violation of any of these conditions shall be prosecuted as a Class B misdemeanor under section 3-1-21 of this title. (Ord. 2018-02-008, 2-1-2018)