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Draper City Zoning Code

CHAPTER 34

HOME OCCUPATIONS

9-34-010: PURPOSE:

The purpose of this chapter is to establish use and development regulations for home occupations. 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. 909, 7-21-2009)

9-34-020: SCOPE:

The requirements of this chapter shall apply to all home occupations 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. 909, 7-21-2009)

9-34-030: PERMITTED USE:

The home occupation use set forth below shall be allowed as a permitted use in any agricultural or residential zone, within the main dwelling unit, subject to the development standards of section 9-34-040 of this chapter. The definition of this use is set forth in chapter 3 of this title.
Office, general. (Ord. 909, 7-21-2009)

9-34-040: DEVELOPMENT STANDARDS; PERMITTED USE:

The development standards set forth in this section shall apply to any home occupation allowed as a permitted use:
A.   Ownership: The home occupation shall be owned and operated by a person who resides in the dwelling where the home occupation is located. Such person shall be the primary provider of the labor, work, or service provided in the home occupation.
B.   Business License: A business license for the home occupation shall be obtained from and continually maintained with the city pursuant to title 6, chapter 11 of this code.
C.   Employees: Members of the family of the owner who reside in the dwelling may be employed in the home occupation. Nonfamily or nonresident employees shall be limited to one person.
D.   Inspection: All facilities shall comply with fire, building, plumbing, electrical and all other city, county, state and federal codes. Inspections during reasonable hours by city officials may occur as necessary to assure compliance with regulations.
E.   Inventory: No stock in trade, inventory, or other merchandise to exceed two hundred fifty (250) square feet shall be kept on the premises. No outside storage is allowed. (Ord. 909, 7-21-2009)
F.   Modification Of Structures Or Yards: There shall be no visible evidence from the exterior of a dwelling that it is being used for any other purpose than that of a dwelling. No activities shall be carried on outside the dwelling in the yard for the benefit of or incidental to the home occupation. No front yard area shall be altered to provide parking required for a home occupation. (Ord. 1132, 2-17-2015)
G.   Nuisance: Tools, items, equipment, or activities conducted within the dwelling which is offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference, or noise shall be prohibited.
H.   Secondary Use: The home occupation shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes. The home occupation shall not disrupt the normal residential character of the neighborhood in which the residence is located. Not more than twenty five percent (25%) of the dwelling unit shall be used for the home occupation.
I.   Signs: All signage in a residential area must comply with chapter 26, "Signs", of this title.
J.   Traffic, Parking, And Access: No home occupation use shall generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone in which the use is located. All parking shall be provided and maintained on site with adequate provision for drop off traffic.
K.   Vehicles: Other than the business owner's personal transportation, there shall be no vehicles or equipment on the property associated with the home occupation which would not normally be found at a residence. No signage for the home occupation shall be allowed on vehicles.
L.   Yards: Yards surrounding the dwelling and accessory buildings shall not be used for any activities or storage of any materials associated with the home occupation.
M.   Customers: No customers allowed. Children accessing a limited daycare or limited preschool facility shall not be considered customers.
N.   Utility Demand: The home occupation shall not cause a demand for public utilities in excess of that necessarily and customarily provided for residential uses.
O.   Main Structure: The home occupations shall be conducted, located, and contained within the primary structure on the property. (Ord. 909, 7-21-2009)
P.   Single-Family And Multiple-Family Dwellings: Home occupations listed as permitted or conditional within this title may be permitted in a single-family or a multiple-family dwelling, subject to the standards found within this section and section 9-34-060 of this chapter. Businesses within multiple-family dwellings shall provide an approval letter from the respective homeowners' association, or management company in the case of apartments, if the business proposes any employees, customers or business vehicles. (Ord. 1132, 2-17-2015)
Q.   Licensure: Any home occupation involving childcare shall comply with all applicable state and local laws and regulations regarding residential childcare, including, but not limited to, provisions of the Utah child care licensing act, as set forth in Utah Code Annotated section 26-39-101 et seq., as amended, and the residential certificate childcare standards as set forth in the Utah administrative code section R430-50-1 et seq., as amended. In addition, cottage food production operations are regulated and inspected by the Utah department of agriculture. Any food related home occupation under their jurisdiction must comply with these regulations. (Ord. 909, 7-21-2009)

9-34-050: CONDITIONAL USE HOME OCCUPATIONS:

The following home occupations may also be established in any agricultural, residential, commercial zone subject to the use table regulations of applicable zones, subject to the development standards listed in section 9-34-040 of this chapter, and subject to the issuance of a conditional use permit pursuant to the requirements of section 9-5-080 of this title. Uses listed in this section may also necessitate an additional conditional use permit subject to section 9-34-060 of this chapter:
Assembly and repair, limited.
Cottage business.
Daycare, limited.
Grooming service. Conditions:
A.   Animal being groomed must be current on the following vaccinations: rabies, parvovirus, distemper, and kennel cough.
B.   Facility shall be subject to periodic inspection by city staff.
C.   Animal being groomed shall be kept indoors the whole time in a controlled environment.
D.   Up to two (2) animals shall be allowed on the premises at a time for grooming purposes.
Personal care service.
Personal instruction service.
Preschool, limited. (Ord. 1004, 4-3-2012; amd. Ord. 1437, 5-19-2020)

9-34-060: ALTERATION TO STANDARDS:

A home occupation listed in section 9-34-030 or 9-34-050 of this chapter that does not conform to any of the development standards in section 9-34-040 of this chapter may nonetheless be established through the issuance of a conditional use permit specifically for the desired alteration to those development standards. (Ord. 1132, 2-17-2015)

9-34-070: ENFORCEMENT:

Refer to chapter 7 of this title to read about the remedies, penalties, procedures, and other matters that apply to any violation of the provisions in this chapter. (Ord. 909, 7-21-2009)