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 residence do not disturb the residential character of a neighborhood.

(Code 2023, § 10-22-1; Ord. No. 2018-36, 11-14-2018)

The requirements of this chapter shall apply to any home occupation conducted within the city.

(Code 2023, § 10-22-2; Ord. No. 2018-36, 11-14-2018)

Certain words and phrases in this chapter, including uses, are defined in HCC chapter 10-3.

(Code 2023, § 10-22-3; Ord. No. 2018-36, 11-14-2018)

1. Permitted uses in agricultural and residential zones. Except for prohibited uses set forth in subsection (B) of this section, a person residing in a dwelling located in an agricultural or residential zone may conduct a home occupation, subject to the home occupation standards set forth in HCC 10-22-5 and any other applicable requirement under this title.
2. Prohibited uses in all zones. The uses set forth below involve operations not suited to a residential area and shall be prohibited as home occupations in all zones:
   1. Any use that requires or utilizes chemicals or hazardous materials in excess of volumes allowed by the International Fire Code in a dwelling.
   2. Auto body or fender work.
   3. Junkyards, storage or recycling yards.
   4. Manufacture or sale of ammunition, explosives, or similar products.
   5. Mortuaries and crematoriums.
   6. Rental or sale of vehicles exceeding two rentals or sales per year.
   7. Sexually oriented businesses.
   8. Short term rentals.
   9. Vehicle towing operations.

(Code 2023, § 10-22-4; Ord. No. 2018-36, 11-14-2018)

The standards set forth in this section shall apply to any home occupation, except as otherwise provided in HCC 10-22-6.

1. Accessory buildings. Home occupations may not be operated out of an accessory structure except as provided for in subsection (E) of this section and HCC 10-22-6.
2. Business license. Approval of a home occupation shall not relieve a person from obtaining a city business license as required by this Code.
3. Employees. Home occupations may have up to two employees who do not reside in the home. One off-street parking spot on the premises shall be provided for each employee. The residential driveway (including garage) may be used, provided that each of the vehicles of the occupants of the single-family home can be parked off-street.
4. Fire inspection. Every facility used in a home occupation may be inspected by the fire department prior to initial use and shall meet fire department standards at all times.
5. Inventory. Products associated with a home occupation may be kept on the premises, provided that storage of such items shall be inside the dwelling or an accessory structure located on the premises and shall be limited to a maximum of 250 cubic feet.
6. Modification of structures. There shall be no visible evidence from the exterior of a dwelling indicating any use other than for a dwelling.
7. Neighborhood disturbance. A home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet of the neighborhood by reason of construction, dust, electrical or electromagnetic wave interference, fumes, lighting, noise, odor, smoke, sounds, traffic, vibration, or other causes.
8. Parking. Additional parking may be created in areas customarily associated with parking. Parking shall not be created in front of the home's living space or in front or side yard opposite of the home's existing attached garage.
9. Product display. There shall be no external display of products or merchandise.
10. Promotional meetings. Promotional meetings for the purpose of selling merchandise, taking orders, or training shall be prohibited.
11. Secondary use only. A home occupation shall be conducted entirely indoors and shall be incidental and secondary to the primary use of a dwelling for residential purposes. Not more than 20 percent of the floor area of a dwelling unit shall be used for a home occupation.
12. Signs. See HCC chapter 10-27.
13. Traffic and access. A home occupation shall not generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone where the home occupation is located. A home occupation which generates additional pedestrian, parking, or vehicular traffic is prohibited in a dwelling unit which shares a common driveway or other access with an adjoining dwelling unit.
14. Utility demand. A home occupation shall not cause a demand for public utilities in excess of that necessarily and customarily provided for residential uses.
15. Yards. Yards surrounding a dwelling:
    1. May be used for activities customarily conducted outside a dwelling unit, such as swimming lessons and child play areas; and
    2. Shall not be used for storage of any materials or equipment associated with a home occupation.
16. Hours. Home occupations involving pedestrian or vehicle traffic shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., except as provided for in HCC 10-22-7(E).
17. Customers. Home occupations are limited to two customers at a time except as provided in HCC 10-22-7(B) and 10-22-8(G).

(Code 2023, § 10-22-5; Ord. No. 2018-36, 11-14-2018; Ord. No. 2022-25, 6-8-2022)

Notwithstanding any contrary provision in HCC 10-22-5, and subject to the provisions of this section, a person residing in a dwelling located in an agricultural zone and up to two employees may conduct a special home occupation. If the lot where the home occupation is located is larger than one acre, up to four employees on the premises may operate the home occupation. A special home occupation shall be a conditional use in the agricultural zones.

1. Accessory buildings. Work may be done in accessory buildings if any nuisance arising from noise and odors, other than those incidental to legitimate agricultural uses, is mitigated.
2. Business license. A business license for a home occupation in an agricultural zone shall not exceed two years but may be renewed subject to applicable provisions of this chapter.
3. Equipment. Equipment may be stored outside a building in a rear yard.
4. Parking. One additional parking space on the premises shall be provided for each employee coming to the dwelling as a result of the home occupation. Such parking shall be located only in a side or rear yard.
5. Restrooms. Any accessory buildings where employees work shall have restrooms for such employees.
6. Secondary use only. A home occupation shall be incidental and secondary to the use of the dwelling and the premises for agricultural purposes and shall not change the character of the dwelling.
7. Storage. Storage of material shall be within an enclosed building.

(Code 2023, § 10-22-6; Ord. No. 2018-36, 11-14-2018)

A home day care shall meet the home occupation standards of HCC 10-22-5 and the following additional requirements:

1. The operator of the day care shall be a bona fide resident of the premises where the home occupation is conducted.
2. The number of children attending a day care center shall be no more than 12 and conform to applicable requirements of the Utah Code.
3. Outdoor play areas shall be fenced and located only in a rear yard or side yard. No play or yard equipment shall be located in the front yard.
4. A day care center operated as a home occupation shall be prohibited if located on a shared driveway.
5. Day cares shall be conducted only between the hours of 6:00 a.m. and 7:00 p.m.

(Code 2023, § 10-22-7; Ord. No. 2018-36, 11-14-2018; Ord. No. 2022-25, 6-8-2022)

A home occupation for group instruction, including, but not limited to, preschools, tumbling lessons, swimming lessons, dance lessons, and other types of pickup and dropoff activities, shall meet the home occupation standards of HCC 10-22-5 and the following additional requirements:

1. The operator shall be a bona fide resident of the premises where the home occupation is conducted.
2. For purposes of this section, the term "group" means three or more students attending a session.
3. The number of children attending for preschool instruction shall conform to applicable requirements of the Utah Code.
4. The number of classes shall be limited to two sessions per day. The sessions must be separated by at least 30 minutes to allow adequate time for pick up and drop off.
5. Outdoor play areas shall be fenced and located only in a rear yard or side yard. No play or yard equipment shall be located in the front yard.
6. A home occupation for instruction shall be prohibited if located on a shared driveway.
7. No more than 12 students may be allowed per session.

(Code 2023, § 10-22-8; Ord. No. 2018-36, 11-14-2018; Ord. No. 2022-25, 6-8-2022)