Oak City City Zoning Code
HOME OCCUPATIONS
§ 155.185 DEFINITION.
A HOME OCCUPATION is any use conducted entirely within a dwelling and carried out by persons residing in the dwelling unit. This accessory use will be clearly incidental and secondary to the use of the dwelling for dwelling purposes and the principal residence of the occupants. The HOME OCCUPATION shall not include any display, stock in trade, employees or the use of advertising, except as provided herein. The HOME OCCUPATION shall not involve the use of yard space outside the main building; however, accessory buildings may be involved as a special condition pending approval by the Town Council.
(Prior Code, § 10-18-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.186 PERMIT AND LICENSE REQUIRED.
(A) Permit. To assure compliance with provisions of this chapter and to protect the character of residential neighborhoods in the town, a home occupation application shall be obtained from the office of the Town Treasurer before a dwelling unit in a residential zone may be used for business purposes.
(B) Utah sales tax license. If required by the state, a state sales tax license will be required with the town listed as a business location.
(Prior Code, § 10-18-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.187 APPLICATION PROCEDURE.
Applications for home occupation permit shall be submitted to the Planning Commission. Applications will be reviewed by the Planning Commission and forwarded to the governing body with the Commission’s recommendations for action. The governing body will then act upon the application. Upon approval of an application, a home occupation permit will be issued, which permit shall state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon. The permit shall not be issued unless the Planning Commission is satisfied that the applicant will meet all of the conditions listed below, and that the applicant has agreed in writing to comply with all said standards.
(Prior Code, § 10-18-3) (Ord. 2001-02, passed 10-3-2001)
§ 155.188 FEES.
A business license will in effect be a home occupation permit. No other fee is necessary.
(Prior Code, § 10-18-4) (Ord. 2001-02, passed 10-3-2001)
§ 155.189 CONDITIONS.
Each and every one of the following conditions must be observed at all times by the holder of a home occupation permit:
(A) Not more than one person is employed in the home occupation or office of a professional person on the premises in addition to the residing family;
(B) The home occupation shall be conducted wholly within the structures on the premises and shall not exceed 25% of the total living area of the home;
(C) Inventory and supplies for the home occupation shall not occupy more than 50% of the permitted area, or 12% of the living area of the home;
(D) No business signs are used with the exception of one unlighted sign concerned with the home occupation or office of a professional person, not to exceed three square feet which shall be attached to the exterior wall of the structure in a manner deemed by the Planning Commission and governing body not to detract from the residential character of the dwelling or the neighborhood in which the home occupation is to be located;
(E) No display of any merchandise shall be visible from the exterior of the premises;
(F) No mechanical or electrical apparatus, equipment or tools shall be permitted, except those items which are commonly associated with a residential use or as are customary to home crafts or home occupations;
(G) The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located;
(H) There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes and to all state and town laws and ordinances;
(I) The home occupation shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses;
(J) The home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet, including radio and television reception, of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes and the like;
(K) Any special condition established by the Planning Commission and made of record in the home occupation permit, as it deemed necessary to carry out the intent of this chapter, shall be met;
(L) All home occupation permits shall be valid for one year, and must be renewed annually, provided there have been no reported violations, complaints or detrimental characteristics which may, in the opinion of the Planning Commission, require termination of said home occupation, or revocation of the home occupation permit by the Town Council. Signatures and public hearings will not be needed on renewals;
(M) Retail sales on the premises shall be limited to merchandise directly related to the services offered by the home occupation; otherwise, there shall be no delivery or resale to customers of retail merchandise on the premises; and
(N) The premises shall be subject to inspection by the Planning Commission, after reasonable notice is given with due cause.
(Prior Code, § 10-18-5) (Ord. 2001-02, passed 10-3-2001) Penalty, see § 155.999
§ 155.190 SIGNATURE OF AWARENESS FROM NEIGHBORS.
All applications must have signatures of neighbors within 300 feet from the exterior boundaries of the property involved. Signatures must indicate that neighbors are aware of the home occupation.
(Prior Code, § 10-18-6) (Ord. 2001-02, passed 10-3-2001)
§ 155.191 REVOCATION.
Any home occupation permit shall be revoked by the Planning Commission upon violation of any requirements of this chapter, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within ten days of receipt of written notice thereof. A permit may be revoked for repeated violations of four or fewer notices of the requirements of this chapter, not withstanding compliance to the violation dated notice.
(Prior Code, § 10-18-7) (Ord. 2001-02, passed 10-3-2001)
§ 155.192 APPEAL.
In the event of denial of any permit or of the revocation thereof, or of objection to the limitations placed thereon, appeal may be made to the Town Council in accordance with the provisions of this chapter.
(Prior Code, § 10-18-8) (Ord. 2001-02, passed 10-3-2001)