CHAPTER 1.24
HOME OCCUPATION PERMIT


Sections:

1.24.005 Purpose.
1.24.010 Permit Required.
1.24.015 Submission of Application.
1.24.020 Form and Contents of Required Documents.
1.24.025 Public Notice.
1.24.030 Review and Approval Procedures.
1.24.035 Approval Standards.
1.24.040 Minor Home Occupations.
1.24.045 Major Home Occupations.
1.24.050 Prohibited Home Occupation.
1.24.055 Reasonable Conditions Imposed.
1.24.060 Entitlements.
1.24.065 Abandonment.
1.24.070 Appeals.

1.24.005 PURPOSE.
Business activities are to be conducted in appropriate commercial zones; business activities may be conducted within a residence on a limited basis if such activities comply with the standards of this Chapter. The use shall be conducted so that neighbors, under normal conditions, would not be aware of its existence. All Home Occupations shall be accessory and incidental to the residential use.

1.24.010 PERMIT REQUIRED.
To assure compliance with the provisions of this Chapter and to protect the character of residential neighborhoods in the Tremonton City, a Home Occupation Permit shall be obtained before a dwelling unit in any zone may be used for business purposes.  A Home Occupation Permit is a form of a Conditional Use Permit.

1.24.015 SUBMISSION OF APPLICATION. 

A. Only property owners or their duly authorized agents shall make application for a Home Occupation Permit on forms approved by the Zoning Administrator.

B. No Home Occupation application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be reviewed set by policy of the Zoning Administrator.

C. The application for Home Occupation Permit approval shall include the following:

1. All documents required in Section 1.24.020 below.

2. Payment of the applicable fee as set by Resolution of the City Council.

1.24.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Home Occupation Permit application shall be submitted with the materials listed in this Section. The Zoning Administrator may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Home Occupation Permit application.  The number of hard copies shall be determined by the Zoning Administrator.

A. Fire Extinguishers. Evidence of a class 2A 10 BC fire extinguisher or the proper extinguisher required by the current Fire Code.

B. Traffic Plans/Drawings.  Home Businesses that increase the traffic level in a neighborhood shall be required to submit a traffic plans/drawing that contains the following information: the number of vehicles that will be patronizing the business per day, and the location and area of off-street parking areas.

C. Professional Licenses and Background Checks. If applicable, the applicant shall submit a photocopy of professional licenses related to the Home Business. The Planning Department shall inform applicants if a professional license is required. When a background check is required by the application, the Applicant shall provide the information on the ″Authorization for a Background Check″ form included in the Home Business Application packet.  The Applicant is responsible to pay the fee required by the current Consolidated Fee Schedule for the Background Check.

D. Written Statement. A written statement explain details surrounding the proposed Home Occupation Application and how the application is consistent with all of the standards and requirements of this Chapter and other applicable Sections of this Title

1.24.025 PUBLIC NOTICE.

A. No public meeting need be held if the Zoning Administrator approves a Minor Home Occupation Permit.

B. A public meeting shall be held if the Planning Commission approves a Major Home Occupation Permit. Twenty-four (24) hour notice of a public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required.

1.24.030 REVIEW AND APPROVAL PROCEDURES. 

A. Zoning Administrator’s Review-Application. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administrator shall forward complete applications for review and consideration of approval and incomplete application shall be returned to the applicant with a list of the deficiencies.

B. Minor Home Occupations- Zoning Administrator Review. The Zoning Administrator shall review the proposed Minor Home Occupation application and shall grant approval of Minor Home Occupation application after the Zoning Administrator is satisfied that the reasonably anticipated detrimental impacts of a proposed Minor Home Occupation shall be mitigated and that all of the standards and requirements of this Chapter shall be met.  Since Minor Home Occupation Permits are a form of a Conditional Use Permit the Zoning Administrator may use standards and requirements contained in Chapter 1.25 Conditional Use Permit in reviewing and approving the permit. Approval of a Minor Home Occupation shall generally be in the form of a letter to the applicant which, together with the approved submitted materials, shall constitute the Conditional Use Permit. If the Zoning Administrator denies the Minor Home Occupation Application explicit and careful Findings of Fact shall be enumerated for the record as to why the reasonably anticipated detrimental impacts of a proposed Minor Home Occupation could not be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards.  An inspection of the premises may be required by the City Building Inspector and/or City Fire Inspector, payment of an established fee set by Resolution of the City Council shall be required prior to the Inspection. Approval of a Minor Home Application is an Administrative Decision.

C. Major Home Occupations-Planning Commission Review. The Planning Commission shall review the proposed Major Home Occupation application and shall grant approval of Major Home Occupation application after the Planning Commission is satisfied that the reasonably anticipated detrimental impacts of a proposed Major Home Occupation shall be mitigated and that all of the standards and requirements of this Chapter shall be met.  Since Major Home Occupation Permits are a form of a Conditional Use Permit the Planning Commission may use standards and requirements contained in Chapter 1.25 Conditional Use Permit in reviewing and approving the permit. Approval of a Major Home Occupation shall generally be in the form of a letter to the applicant which, together with the approved submitted materials, shall constitute the Conditional Use Permit. If the Planning Commission denies the Major Home Occupation Application explicit and careful Findings of Fact shall be enumerated for the record as to why the reasonably anticipated detrimental impacts of a proposed Major Home Occupation could not be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards.  An inspection of the premises may be required by the City Building Inspector and/or City Fire Inspector, payment of an established fee set by Resolution of the City Council shall be required prior to the Inspection. Approval of a Major Home Application is an Administrative Decision.

1.24.035 APPROVAL STANDARDS.
Each and every one of the following conditions shall be observed at all times by the holder of a Home Occupation Permit, and other applicable standards as deemed by the Land Use Authority in Chapter 1.25 Conditional Use Permits:

A. Employees. Persons who are not bona fide residents of the premises shall not be employed on said premises. Exception: Childcare/Preschool within a home as a home occupation and in accordance with this Chapter and Chapter 1.19 Supplementary Regulations of this Title may be allowed one (1) additional caregiver. Caregivers shall also meet State of Utah Child Care requirements.

B. Floor Area. Home Occupations shall be conducted wholly within the structure on the premises and shall not exceed twenty-five (25) percent of the main floor of the dwelling or more than fifty (50) percent of any floor area of any garage or outbuilding in which the use is conducted (See Chapter 1.19 Supplementary Regulations of this Title for Child Care). The home occupation may occupy an area within the garage, provided the garage still functions for parking, and as long as two (2) parking spaces for residential use are still available.

C. Promotional Meetings. Promotional meetings for the purpose of selling merchandise, taking orders, or training may be held as needed, as long as disruption of the neighborhood does not occur.

D. Sale of Commodities. Home Occupations shall not include the sale of commodities except, limited items produced on the premises, or items that are incidental to the service provided, i.e., a beautician or barber who sells hair care products to his/her clientele. Inventory shall be limited to sales and promotional kits, demonstration kits, or stock that would not exceed forty-eight (48) cubic feet of space (typical closet) in/or on the entire property.

E. Display or Outdoor Storage. No display of any kind or outdoor storage related to the home occupation shall be visible from the exterior of the premises.

F. Vehicles. Only one (1) vehicle may be used in association with the home occupation and shall be garaged or stored upon the premises. The vehicle used for the home occupation shall be limited to a maximum size of one-ton vehicle. Nor shall a business be permitted that requires receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries. No deliveries by semi-tractor\trailer are permitted.

G. Complete Conformity. Home Occupations shall meet complete conformity with the Tremonton City Zoning Ordinance, Fire, Building, Plumbing, Electrical, Mechanical, and Health Codes and to all applicable State and City Laws and Ordinances.

H. Utility Demands. Home Occupations shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.

I. Residential Character. Home Occupations shall not alter the residential character of the premises or unreasonably disturb the peace and quiet (see Chapter 1.20 Noise Regulations), including radio and television reception, of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises, or vibrations.

J. Special Conditions. Any special or other conditions established by the Zoning Administrator and made of record in the Home Occupation Permit, as  deemed necessary to carry out the intent of this section, shall be met.

K. Traffic Generation. Home Occupations shall not generate business-related vehicular traffic in excess of three (3) vehicles per hour. Exception: Child Care and Pre-Schools at normal drop-off and pick-up times.

1.24.040 MINOR HOME OCCUPATIONS.  Home Occupations enumerated in this section shall be defined as Minor Home Occupations. The Zoning Administrator may interpret similar uses to those listed below as Minor Home Occupations and are not necessarily limited to, the following:

MINOR HOME OCCUPATIONS
Advertising
Architectural Services
Artists
Authors
Barber and Beauty Services
Consulting Services
Contractors Office ¹
Data Processing, Computer Programming, and Service
Desktop Publishing
Direct Sales Distribution
Garden Produce
Home Crafts
Childcare/Preschool, Residential-Minor
See Chapter 1.19 Supplementary Regulations of this Title.
Home Office
Insurance Sales or Broker
Interior Design
Internet Sales
Janitorial/Maid Services
Mail Order
Music Lessons (one on one instruction)
Photographer
Real Estate Sales, Broker, or Appraiser
Sales Representative
Tutoring and General Educational Instruction (one on one instruction)

¹ Note: Provided there is no outside storage of equipment, and no more than one (1) company vehicle stored on the premises.

1.24.045 MAJOR HOME OCCUPATIONS.2 Home Occupations enumerated in this section shall be defined as a Major Home Occupation. The Planning Commission may interpret other uses not listed as Major Home Occupations and are not necessarily limited to, the following:

A. Childcare/Preschool, Residential- Major. See Chapter 1.19 Supplementary Regulations of this Title.

B. Tutoring, Music Lessons, or General Education Instruction where the number of students shall not exceed twelve (12) per session and no more than two (2) sessions per day and meeting all other requirements of this Title.

C. Dance Instruction, Aerobic Exercise and like uses as determined by the Planning Commission where the number of students shall not exceed twelve (12) per session and no more than two (2) sessions per day and meeting all other requirements of this Title.

2 Note: If instruction is to be given on a floor level below grade or one (1) floor above the main level an additional access/egress door installed in accordance with the International Building Code is required from that level.

1.24.050 PROHIBITED HOME OCCUPATIONS.
The following uses and like uses as determined by the Zoning Administrator shall not be permitted as Home Occupations: vehicle/RV painting or repair, vehicle/RV sales, dental offices, laboratories, medical offices, major appliance repair, machine/fabrication shops, welding, commercial woodworking/cabinet making, animal hospital, kennels, stables, truck hauling, junkyard, warehousing, storage units, mortuary, adult oriented or sexually oriented business, or the sale of alcohol or tobacco products from the premises.

1.24.055 REASONABLE CONDITIONS IMPOSED.
The Land Use Authority may permit a Home Occupation Permit to be located within any district in which it is allowed by the use regulations of this Title. In authorizing any Home Occupation, the Land Use Authority shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public welfare. Such conditions of approval may include, but shall not be limited to, limitations to the height, size, location and design of structures, landscaping, ingress/egress, fencing, parking, screening, buffering parking, or lighting. Height and size requirements for structures in each zone are maximums and may be reduced or modified as conditions to the approval of any Conditional Use application. Therefore, the Land Use Authority has the authority to impose reasonable conditions upon a Home Occupation Permit, provided that:

A. The conditions are not arbitrary or capricious;

B. The Land Use Authority finds that the conditions are necessary to promote the health, safety or welfare of the citizens of Tremonton;

C. The conditions do not conflict with any applicable law; or

D. The conditions imposed are in compliance with Utah Code 10-9a-507 as amended by the Utah Legislature.

1.24.060 ENTITLEMENTS.

A. Validity. The approval of a Home Occupation Permit shall authorize a land use in accordance with any conditions of the permit except as follows:

1. Permit Issued in Conflict.  In accordance with 1.01.025 any Home Occupation Permit approved which is in conflict with this Title shall be null and void.

2. Revocation.  Home Occupation Permit may be revoked (See Chapter 1.25 Condition Use Permit regarding Revocation) if: terms of the permit are violated; if the use causes disruption to surrounding properties; or if the use is not maintained or abandon (See Chapter 1.01 regarding Abandonment).

3. Expiration.  A Home Occupation Permit shall expire one (1) year after the date of the approval and shall be null and void unless the property owner or their duly authorized agent has obtained a Building Permit, where required, or Business Licenses or other permits or license required for the operation. A one (1) year extension may be granted if the application for extension and the filing fee is received by the Zoning Administrator prior to the expiration date as is set out above.

4. Change in Location or Ownership. In the event of a change of location or change of ownership for a Home Occupation, a new Permit shall be required.

B. Additional Permits. Property owners or their duly authorized agents are entitled to make application for a Building Permit, where required or Business Licenses or other permits or license required for the operation once a Home Occupation has been approved. (A Tremonton City Business License shall be required of all Home Occupations with an annual gross income of $600.00 or more with the exception of home instruction of the arts).  A Tremonton City Business License expires annually on December 31st of each year.)

1.24.065 ABONDONMENT.
A Home Occupation Permit that is out-of-service or in which a Business License has not been renewed for a continuous period of three hundred-sixty five (365) days shall be deemed to have been abandoned.

1.24.070 APPEALS.

A. Any person aggrieved by the decision of any part of a Minor Home Occupation and Major Home Occupation approval process or the revocation of thereof, may appeal in accordance with Chapter 1.04.

B. Minor Home Occupation. The Appeal Authority and deadline for filling an appeal of a Minor Home Occupation shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Zoning Administrator to the Planning Commission.

2. Second Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

3.  Third Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

C. Major Home Occupation. The Appeal Authority and deadline for filing an appeal of a Major Home Occupation shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

2. Second Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

3. Third Appeal.  None.

REV 10/03
REV 07/05
REV 11/05
REV 10/07
REV 04/08
REV 06/13