CHAPTER 12-27 HOME OCCUPATIONS 12-27-101 Purpose 12-27-102 Minor Home Occupations 12-27-103 Major Home Occupations 12-27-104 Special Requirements for Child Day Care, Preschool, Dance Studio or any other Group Classes 12-27-105 Non Compliance 12-27-106 Appeal 12-27-107 Business License Required 12-27-101 Purpose. The purpose of these provisions is to ensure that home occupations remain incidental and accessory uses within the dwelling or on the dwelling site and that any coincidental nuisance remains within the dwelling or on the dwelling site. 12-27-102 Minor Home Occupations. Uses classified as minor shall be permitted in all zones upon review and approval by the Community Development Director. The following regulations shall apply to all minor home occupations. (A) (B) (C) (D) (E) The home occupation shall be carried on entirely by persons residing in the dwelling unit wherein the occupation is conducted. Persons who are not bona fide residents of the premises shall not be employed on said premises. The use shall be clearly incidental and secondary to the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character. This would include but is not limited to the following: colors, material, construcion, lighting, signs, or the emission of sounds, vibrations or odors. No more than 20 percent of the gross floor area of the dwelling may be used for the home occupation. There shall be no advertising, display, signs, or other indications of a home occupation on the premise. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products on display. However,
provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above. (F) No storage or display of goods shall be visible from outside the structure. (G) The home occupation shall not alter the residential character of the neighborhood, including but not limited to radio and television reception, color design, materials, construction, lighting, odors, sounds, noise or vibrations. (H) (I) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the zone district in which it is located. Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month. (J) The use shall not require additional off-street parking above that amount already requires by the provisions of this Title. (K) Shall not use materials or equipment not recognized as being part of the normal practices of owning and maintaining a residence. (L) Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than twice each year, and each sale shall be permitted not more than twice each year, and each sale not last more than two (2) consecutive days. (M) The use shall not require deliveries from commercial suppliers to the minor home occupation nor deliveries from the home occupation. (N) Permitted minor home occupations may include, but are not necessarily limited to, the following: (1) Artists and sculptors; (2) Authors and composers; (3) Home crafts for sale off-sites; (4) Office facility of clergy; (5) Office facility of a salesman, sales representative, or manufactuer s representative; (6) Professional office facilities (7) Individual tutoring;
(8) Preserving and home cooking for sale off-site; (9) Telephone solicitation work. (O) The following uses by the nature of the investment or operation have a pronounced tendency once started to increase beyond the limits permitted for home occupations and thereby impair the use ad value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as minor home occupations: (1) All uses prohibited as major haome occupations; (2) Minor or major auto repair; (3) Barber shop; (4) Woodworking; (5) Dance instruction; (6) Dental offices; (7) Medical offices; (8) Painting of vehicles, trailers, or boats; (9) Photo developing, photo studios; (10) Private schools with organized classes; (11) Television repair; (12) Upholstering; (13) Beauty parlors; (14) Massage parlors; (15) Small engine repairs; (16) Welding shop; (17) Daycare; (18) Other similar uses. 12-27-103 Major Home Occupations. To assure compliance with the provisions of this Title, and to protect the character of residential neighborhoods within Woods Cross City, a Conditional Use Permit shall be obtained from the Planning Commission before any part of a dwelling unit in a residential zone may be used for uses classified as major home occupations. (A) The home occupation shall be carried on entirely by persons residing in the dwelling unit wherein the occupation is conducted. Persons who are not bona fide residents of the premises shall not be employed on said premises. (B) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character. This would include but is not limited to the following:
colors, materials, construction, lighting, signs, or the emission of sounds, vibrations or odors. (C) (D) (E) (F) (G) No more than 20 percent of the gross floor area of the dwelling may be used for home occupation. Accessory buildings as allowed in the zone district may be used for home occupation as permitted. There shall be no signs present on the property. There shall be no exterior storage on the premises of material used in the home occupation nor of any explosive material. The home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet of the neighborhood, including but not limited to radio and television reception, color, design, materials, construction, lighting, odors, sounds, noise or vibrations. A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation as determined by the Planning Commission. (H) Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation. (I) (J) Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than twice a year, and each sale shall not last more than two (2) consecutive days. (K) The allowable number and size of vehicles and equipment used by the home occupation shall be as determined by the Planning Commission. Only one (1) vehicle over twenty-two feet(22 ) in length including trailers shall not be parked on the street nor within a front or side yard setback abutting a street. (L) Major home occupations may include but are not necessarily limited to the following: (1) Any use allowed as a minor home occupation; (2) Single-chair beauty parlors and barber shops;
(3) Photo studios and developing (4) Organized classes (limits shall be placed on the number of students and/or the number of vehicles transporting students to prevent congestion); (5) Television and other electrical repairs excluding automobiles, motorcycles, and snowmobiles; (6) Small engine repairs, excluding automobiles, motorcycles, and snowmobiles; (7) Upholstering; (8) Dressmaking; (9) Woodworking; (10) Preschools; (11) Contractors; (12) Ceramics (kilns smaller than six (6) cubic feet); (13) Carpet or upholstery cleaning; (14) Gun repair; (15) Plant nurseries; (16) Pest or weed control service; (17) Massage therapy; and (18) Daycare. (M) The following uses, by the nature of the investment or operation, have a pronounced tendency once started to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes and are more suited to commercial or business districts. Therefore, the uses specified below are not ordinarily allowed as home occupations: (1) Minor or major auto repair, painting of vehicles, trailers, or boats; (2) Funeral chapel or home; (3) Gift shops; (4) Medical or dental clinic; and (5) Welding or machine shop. 12-27-104 Special Requirements for Child Day Care, Preschool, Dance Studio or any Other Group Classes Prior to the issuance of a Woods Cross City Business License and during operation of child daycare, preschool, dance studio, or other group classes as a home occupation, the following conditions shall apply in addition to the requirements of Section 12-27-103. (A) A copy of and Utah State Agency license, permit of approval, if required, shall be provided to Woods Cross City.
(B) A copy of the Fire Marshall Approval shall be provided to Woods Cross City. (C) If exterior play areas are used they shall be fenced. The fence shall be a minimum of 6 feet high and have a self-closing, self-latching gate; openings in the fence shall not be large enough to allow a 4 sphere to pass through. Field fence or barbed wire shall not be sufficient to serve this purpose. (D) (E) (F) A minimum of 35 square feet of floor space shall be required for each child or student enrolled. The area shall be wholly within the primary structure on the premises and shall not exceed the equivalent of 30% of the finished living space to a maximum of 300 square feet. Areas of unfinished construction cannot be used in these calculations. Children shall not be allowed in areas of the home with unfinished construction. Children shall be supervised at all times. 12-27-105 Non-Compliance. Any Home Occupation Permit may be revoked by the Planning Commission upon violation of any requirements of this Chapter, or upon failure to comply with any of the conditions or limitations of the permit, unless such violations are satisfactorily corrected within three (3) days of receipt of written notice thereof. A permit may be revoked for repeated violations of the requirements of this Chapter notwithstanding compliance to the violation notice. 12-27-106 Appeal. In the event of denial of a Major Home Occupation permit or of the revocation thereof, or objections to the limitations placed thereon, appeal may be made to the City Council in accordance with the provisions of this title. In the event of denial of a Minor Home Occupation permit or objections to the limitations placed thereon, appeal may be made to the Planning Commission in accordance with the provisions of this title. 12-27-107 Business License Required. A Home Occupation permit is not a business license, and the granting of said permit shall not relieve permittee of any other license requirements of the city of any public agency.