The purpose of this chapter is to describe additional requirements for certain businesses to minimize nuisance and land use conflict.

This Chapter applies in addition to the governing standards of the zone where the use is located. Should conflicts occur, the more restrictive regulation applies.

1. Purpose. It is the purpose and objective of this chapter that the City establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the incorporated area of the City; to regulate the signage of such businesses; to control the adverse effects of such signage; and to prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place, and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah Constitutions.
2. Business Permitted; Restrictions
   1. Sexually oriented businesses, other than outcall services and nude and seminude dancing agencies, shall be permitted only in areas zoned M pursuant to the provisions of MKZ 18.46, Light Manufacturing Zone, respectively, subject to the following additional restrictions:
   2. Sexually oriented businesses shall be subject to conditional use requirements.
   3. No sexually oriented business shall be located:
      1. Within one thousand feet (1,000’) from any school, public park, religious assembly, or other sexually oriented business;
      2. Within three hundred feet (300’) from a Residential Zone Boundary.
      3. The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious assembly, agricultural or residential zoning district, or other sexually oriented business and to the nearest property line of the sexually oriented business.
      4. Outcall services and nude and seminude dancing agencies shall be permitted only in the following zones:
         1. RM as an office, business use only, and subject to conditional use approval, pursuant to the provisions of MKZ 18.39, Residential Mixed Zone;
         2. C-1, C, and M as an office, business use only, pursuant to the provisions of MKZ 18.43, Neighborhood Commercial Zone, MKZ 18.44 Commercial Zone, and MKZ 18.46 Light Manufacturing Zone, respectively.
3. Sign Restrictions. Notwithstanding anything contrary contained in MKZ 18.65, Signs, signs for sexually oriented businesses shall be limited as follows:
   1. No more than one exterior sign shall be allowed;
   2. No sign shall be allowed to exceed eighteen square feet;
   3. No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises;
   4. No descriptive art or designs depicting any activity related to, or inferring, the business’s nature shall be allowed on any sign. Said signs shall contain alphanumeric copy only;
   5. Only wall signs shall be permitted;
   6. Painted wall advertising shall not be allowed;
   7. Other than the signs allowed explicitly by this chapter, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light, or other device designed to draw attention to the business location.
4. Severability. If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof, and to this end, the provisions and clauses of this chapter are declared to be severable.

1. The purpose of the home business chapter is to allow the use of a portion of a dwelling by one of its residents for business purposes, while establishing standards to ensure that the business use of the home will not adversely impact the residential character of the neighborhood in which the home business is located.
2. Home businesses shall include the following business activities, and those substantially similar. If a use is not explicitly designated below, then the use is prohibited. An applicant seeking a Millcreek Business License may submit a Classification Request by following the procedure as set forth in MKZ 18.15.030 (J), to determine whether a proposed land use aligns with an existing business activity listed below.
   1. Artists, authors, architectural services, advertising;
   2. Barber and beauty shops with no more than one chair;
   3. Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction, provided the number of students is limited to two (2) at a time;
   4. Direct sales distribution, desktop publishing;
   5. Data processing, computer programming, and service;
   6. Home Daycare or Preschool, subject to the standards as set forth in MKZ 18.76.060;
   7. Home crafts and sales;
   8. Garden produce;
   9. Janitorial services;
   10. Insurance sales or broker, interior design;
   11. Mail order;
   12. Home offices such as: real estate sales, broker, consulting, or appraiser;
   13. Sales representative; and
   14. Contractors provided there is no outside storage of equipment, and no more than one (1) company vehicle stored on site.
3. Uses that are listed as permitted or conditional uses in residential zones are subject to a conditional or permitted use approval process but are not subject to regulation under this chapter. Such uses include, but are not limited to, short-term rentals, home daycare, home preschools, uses involving the raising, breeding, training, housing, keeping or care of animals where allowed set forth in MKC Title 8, residential health care, residential facilities for Persons With a Disability, or bed and breakfasts.
4. Garage or yard sales are exempted from regulation under this chapter, and are regulated as set forth in MKZ 18.58, Temporary Uses.
5. Standards. The following standards shall apply to home businesses:
   1. The primary use of the dwelling shall continue as residential.
   2. The person operating the business must reside in the dwelling on a full-time basis (at least nine months per year).
   3. Home Businesses with remotely located employees may occasionally gather at the dwelling but no more than once a week.
   4. Customers are only allowed at the dwelling between the hours of seven a.m. and ten p.m. Group lessons or sessions shall not exceed six people at a time.
   5. In addition to the parking spaces required for the residents of the dwelling, parking for customers and for an employee, if allowed, must be provided in the driveway or garage.
   6. No exterior remodeling shall take place that would change the residential appearance of the dwelling.
   7. Interior structural alterations made to the dwelling are allowed only if they are consistent with its primary use as a dwelling.
   8. All business activities must take place within the dwelling and/or attached or detached garage, or in/on an approved recreational facility and shall not occupy more than twenty-five percent or more than five hundred square feet (whichever is less) of the floor area of the home or approved recreational facility.
   9. It is prohibited to store or display supplies, inventory, equipment, or materials in any portion of a yard.
   10. Only those tools, equipment, or electric apparatus commonly used as accessories to or in conjunction with residential uses are allowed to be used as part of the home business.
   11. Home businesses must be conducted in a manner that does not emit or create excessive odors, smoke, dust, heat, fumes, light, glare, sounds, noises, vibrations or interference with radio and/or television reception.
   12. Only one three-square-foot, non-illuminated nameplate sign is allowed. The nameplate sign must be attached to a wall or window of the dwelling.
   13. No vehicle larger than a passenger car, van or one-ton pickup truck is allowed to be brought to, parked on, or stored on the property in conjunction with a home business.
   14. If the applicant for a home business is not the property owner, the applicant must obtain the property owner’s or manager’s written authorization to apply.
   15. The property address (house number) must be clearly posted on the home in letters at least four inches high and in a color contrasting with the building.
   16. The condition of the dwelling and landscaped areas shall be well maintained.
6. Regulations And Enforcement
   1. A land use application for home business shall be submitted to the City for review. Upon finding that the applicant understands and agrees to comply with the standards set forth in this section, the application shall be approved. An inspection of the exterior premises may be conducted to ensure there are no existing code violations.
   2. All home businesses are required to obtain a City business license. The business license must be renewed each year that the home business is in operation.
   3. Violations of these standards shall be subject to the civil penalties as set forth in MKZ 18.02, Enforcement. In addition, a business license revocation hearing may be scheduled at the discretion of the Planning Director for any business found to be in violation of the home business standards or of any other City ordinance.
   4. The business owner is responsible for complying with all applicable health, fire, building and safety codes.
   5. All home businesses shall be reviewed for compliance with the provisions of this chapter and approved under the application process mentioned above. For the purposes of this chapter, a change of business ownership and/or relocation to a new address is considered a new business and requires separate approval.

A commercial daycare or preschool shall be subject to the following conditions:

1. Must be compatible with existing and proposed land uses in the vicinity;
2. Receive and maintain a license in good standing from the Utah State Department of Health and Human Services.
3. Provide required parking spaces on the site and an adequate pickup and delivery area;
4. New construction must be compatible in design and scale of building with existing development in the area;
5. Site must have frontage on a street with an existing or proposed right-of-way of eighty feet or greater, as identified on the road widening and improvement map available at the City (except where the site is located in the RM, MD, MD-3, C-1, C, or M zones).

A Home Daycare or Preschool must meet the following standards:

1. When allowed as a permitted use there shall be a maximum of six (6) children without any employees not residing in the dwelling. When allowed as a conditional use there shall be a maximum of twelve (12) children with not more than one employee at any one time not residing in the dwelling;
2. The use shall comply with the Salt Lake County Health Department noise regulations;
3. The play yard shall not be located in the front yard and shall only be used between eight a.m. and nine p.m.;
4. The lot or parcel shall contain one available on-site parking space not required for use of the dwelling, and an additional available on-site parking space not required for use of the dwelling for any employee not residing in the dwelling. The Planning Director shall approve the location of the parking area to ensure that the parking is functional and does not change the residential character of the lot or parcel;
5. No signs shall be allowed on the dwelling, lot, or parcel except a nameplate sign;
6. The use shall comply with all local, state, and federal laws and regulations. The Life Safety Code includes additional requirements if there are more than six children;
7. Upon complaint that a home daycare or preschool caregiver is violating any requirements of this section or any other City ordinance, the City shall review the complaint and if substantiated may institute a license revocation proceeding under MKC 5.07; and
8. The caregiver shall notify all property owners within a 300-foot radius of the caregiver’s property in writing, on a form provided by the City, concerning the licensing of a home day care or preschool at such property.