The purpose of this chapter is:

   A.   To provide minimum standards for the establishment and operation of home occupations within a dwelling in any zone.

   B.   To protect and provide for the public health, safety, and general welfare of the city and its residents.

   C.   To support small local businesses by providing a location to start and operate a small business within a dwelling on a limited basis. For business owners seeking to grow their business, the intention is that once the business grows it will be relocated to the appropriate zoning district.

All home occupations shall be secondary and incidental to the residential use and shall comply with the standards of the Fillmore City Code and all applicable state and federal statutes and regulations. The use should be conducted so that neighbors, under normal conditions, would not be aware of the existence of the home occupation. (Ord. 23-14, 6-18-2024)

To assure compliance with the provisions of this chapter and to protect the character of residential neighborhoods within Fillmore City, a home occupation permit shall be obtained from Fillmore City before a dwelling is used for business purposes.

   A.   The permit shall not be issued unless the applicant has demonstrated that they will meet all of the conditions and requirements listed herein and in applicable state and federal statutes and regulations and the applicant has agreed in writing to comply with all said conditions.

   B.   Any home occupation that requires approval from another governing agency shall obtain approval from that agency and provide written documentation of that approval to the city before a home occupation permit can be issued. (Ord. 23-14, 6-18-2024)

Each application for a home occupation permit shall include the business owner's agreement to meet each of the following requirements:

   A.   General Requirements:

      1.   Each applicant for a home occupation shall submit a complete application form provided by the city together with a site plan indicating the portion of the home that will be used for the home occupation.

      2.   The applicant for a home occupation permit shall reside in the residence for which the permit is being sought. If the applicant for a home occupation is not the property owner of record, the applicant shall present permission, in writing, from the property owner to conduct the business activities proposed.

      3.   The home occupation shall not cause a demand for municipal or utility services or any other community facilities in excess of normal residential use.

      4.   No more than one (1) home occupation shall be active per residence unless the applicant can demonstrate to the city that the additional home occupation will not impact the residential nature of the area and does not create any additional stress or impact on the neighborhood.

      5.   Inspection during reasonable hours by city officials may occur as needed to assure compliance with these regulations.

      6.   The home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes.

      7.   The exterior of the dwelling shall not be altered to accommodate or promote the business. The residence shall maintain the general character and appearance of a residential dwelling and shall not unreasonably disturb the peace and quiet of the neighborhood. Noise from a home occupation shall not exceed sixty (60) decibels as measured from any neighboring property.

      8.   While some interior space may be utilized for the home occupation, the dwelling must maintain, at a minimum, a kitchen, dining area, bathroom, living room, a bedroom, and the minimum required off-street parking.

      9.   The area used for the home occupation shall not exceed twenty-five (25%) percent of the dwelling square footage nor fifty (50%) percent of the floor area of any garage or outbuilding in which the use is conducted.

      10.   Outdoor storage is not permitted. Incidental storage may be located inside the dwelling unit, garage, or fully enclosed accessory structure, but such storage shall be limited to four hundred (400) square feet of floor area.

      11.   The home occupation shall not publicly display goods or merchandise. The sale of commodities shall be limited to items produced on the premises or items that are incidental to the service provided (e.g., a beautician selling hair care products to clientele).

      12.   Signs shall be limited to an identifying sign, such as the business name, not to exceed six (6) square feet in size. The sign needs to be attached to the dwelling. Freestanding yard signs and other signs not attached to the dwelling are not permitted.

      13.   Public entrance to the home occupation from the outside shall be the same entrance normally used by the residing family except when required otherwise by regulation of the State Health Department or other public agency or to satisfy the International Building Code or when the city determines that the proposed home occupation entrance is more practicable for the public than the front door.

      14.   Except for daycares and preschools, onsite employment is limited to the residents who reside in the dwelling. This does not prohibit the business from having additional employees who live and work exclusively off-premises.

   B   Traffic, Patrons, And Vehicles:

      1.   Except for vehicular traffic generated pursuant to section 10-23-3B.3. and 10-23-6, the home occupation shall not generate business-related vehicular traffic in excess of three (3) vehicles per hour.

      2.   No visitors in conjunction with the home occupation shall be permitted between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m.

      3.   Promotional meetings for the purpose of selling merchandise, taking orders, or conducting training shall not be held more than once per month.

      4.   No parking or storage of any vehicle in excess of twelve thousand (12,000) pounds in gross vehicle weight shall be permitted.

      5.   No more than one (1) vehicle (including trailers or other equipment) may include any type of advertisement for the business, such as the business name or logo.

      6.   Vehicles, trailers, or other equipment may not be used primarily for the purpose of advertising the home occupation at the site of the residence.

      7.   No deliveries by semi-truck are permitted. Receipt or delivery of merchandise, goods, or equipment shall be limited to passenger vehicles and other vehicles typically employed in residential deliveries and shall not cause a frequency of delivery or receipt in excess of normal residential delivery or receipt.

      8.   All vehicles, including customer, client, and employee vehicles must be provided off-street parking onsite. (Ord. 23-14, 6-18-2024)

   A.   All home occupations shall be operated in compliance with the conditions here and shall satisfy all applicable federal, state, and local laws, which may include building and fire codes, and the Americans with Disabilities Act, among others. If a permit or approval is required by another regulatory body having jurisdiction, such must be obtained and provided to the city prior to receiving a permit from the city.

   B.   The home occupation permit shall be valid for a period of one (1) year from the date of issuance. The permit shall be renewed prior to expiration and shall include all applicable renewal fees to be paid.

   C.   Home occupation permits are reviewable upon written complaint to the city.

   D.   Failure to comply with Fillmore City Code and policies, applicable state and federal statutes and regulations, and the requirements of any other regulatory body having jurisdiction, shall result in revocation if the violations are not rectified within two (2) weeks, or shorter if the city determined it is a matter of public health or safety. (Ord. 23-14, 6-18-2024)

Home occupations shall be conducted in a manner that will not negatively affect the health, safety, or general welfare or the general character of the zoning district. Accordingly, the following business activities are not permitted as home occupations:

   A.   Mortuary;

   B.   Animal hospital;

   C.   Kennel or stable;

   D.   Clinic;

   E.   Medical, dental, or other healthcare services;

   F.   RV service;

   G.   Junkyard, wrecking yard, or impound yard;

   H.   Auto repair service (engine and auto-body), vehicle painting, vehicle lube and tune-up;

   I.   Major appliance repair (washers, refrigerators, stoves, etc.);

   J.   Car wash;

   K.   Adult-oriented business;

   L.   Scarification and tattoo parlor, which shall not include cosmetic procedures, such as laser treatments and microblading;

   M.   Tanning and hot tubs;

   N.   Massage;

   O.   Storage or sale of fireworks;

   P.   Storage or sale of any hazardous materials, as defined by local, state, or federal guidelines, or of any materials that could have a negative impact on the public utility systems; or

   Q.   Any other use the city determines to jeopardize the health, safety, and welfare of city residents. The decision to deny an application under this provision, for a use not specifically prohibited above, may be appealed to the city council to determine the impact on health, safety, and welfare and any mitigating measures that can be taken. (Ord. 23-14, 6-18-2024)

In addition to all applicable regulations herein, Daycare services shall meet the following standards. Daycare services that are non-income producing are exempt from licensing requirements.

   A.   The number of children allowed at each daycare location shall be in accordance with state statutes and regulations.

   B.   The daycare or preschool owner shall provide a license from the State of Utah, including a background check, and from the Utah Department of Health, before a business license can be issued.

   C.   Any daycare with greater than eight (8) children shall provide a site plan indicating the location of day care services, bathrooms, outdoor play areas, and parking and vehicle circulation.

   D.   Any daycare with greater than eight (8) children shall have all outdoor play areas fenced with six (6) foot high fencing.

   E.   In addition to any employee(s) who lives on-site, a daycare or preschool may have one (1) employee who lives off-site.

   F.   All daycare and preschool facilities shall follow all state and federal statutes and regulations for operating a daycare or preschool including, but not limited to, requirements for outdoor playtime.

   G.   All daycare and preschool facilities shall follow all state and federal statutes and regulations generally.

(Ord. 23-14, 6-18-2024)