Payson City Zoning Code
HOME OCCUPATIONS
§ 154-14-001 PURPOSE AND INTENT.
The Town of Payson desires to enable its residents to use their residence for home occupations to facilitate economic development, but also recognizes the need to protect surrounding residential uses from potential adverse impacts generated by business activities. The action of approving a home occupation constitutes a finding that the use will not adversely impact surrounding properties.
(Ord. 466, passed 2-22-96)
§ 154-14-002 APPLICABILITY.
The requirements of this subchapter shall be applicable to all areas that are zoned residential and all areas where a residential use has been established regardless of zoning classification.
(Ord. 466, passed 2-22-96)
§ 154-14-003 HOME OCCUPATIONS.
(A) No home occupations shall be operated unless such home occupation is in compliance with the provisions of this subchapter and any conditional use permit required and obtained pursuant to this subchapter.
(B) Except as otherwise provided in this subchapter, home occupations are subject to all of the requirements of the Unified Development Code and the Code of the Town of Payson including, but not limited to, all adopted fire and/or construction codes.
(Ord. 466, passed 2-22-96)
§ 154-14-004 LICENSING, INSPECTIONS, AND APPROVALS.
(A) All home occupations are subject to the provisions of Chapter 110
(Business Licensing) of the Code of the Town of Payson.
(B) Representatives of the Community Development and Fire Departments may inspect any home occupation to verify compliance with provisions of this subchapter, stipulations of any conditional use permit issued pursuant to this section, and compliance with all other town codes including, but not limited to the adopted fire and building codes. Unless a potential hazard involving life and/or safety is involved, all such inspections shall occur between the hours of 8:00 a.m. and 5:00 p.m. and upon 24 hours notice.
(C) Approvals.
(1) Prior to operating a home occupation, the owner/operator of such home occupation shall submit a written description of the home occupation and certify that the home occupation will comply with the provisions of this subchapter.
(2) An approval for a level one or a level two home occupation will be issued by the Community Development Director concurrently with the issuance of a business license. If a business license is not required, an approval of a level one or level two home occupation may be issued at anytime.
(3) Approvals for level three home occupations (conditional use permits) shall be issued in accordance with § 154-09-004.
(4) An approval obtained pursuant to this section shall satisfy the business occupancy permit under § 110.07 of the Town Code.
(5) The Town of Payson does not enforce covenants, conditions and restrictions (CC&R's). Nothing in this subchapter restricts, amends, or changes any covenants, conditions and restrictions.
(Ord. 466, passed 2-22-96)
§ 154-14-005 PROHIBITED HOME OCCUPATIONS.
The following uses shall be prohibited as home occupations except as noted:
(A) Motor vehicle repair services;
(B) Kennels;
(C) Restaurants, clubs and drinking establishments;
(D) Undertaking and funeral parlors;
(E) Adult uses, including but not limited to entertainment establishment and theaters;
(F) Storage of firewood for sale;
(G) Taxi services; transit, express mail or package carriers; and
(H) Stables and pet grooming services.
(Ord. 466, passed 2-22-96)
§ 154-14-006 LEVEL ONE - MINOR HOME OCCUPATIONS.
(A) Scale/character. A level one - minor home occupation is a home occupation conducted entirely within a residence, is clearly incidental to the use of the structure as a residence, and commensurate with quiet family living.
(B) Allowable locations. Any single family residence, apartment, condominium, guest house, guest quarters, or accessory dwelling unit located in any zoning district.
(C) Employees. No employees other than immediate family members residing at the residence are permitted unless authorized by a conditional use permit. Under a conditional use permit, no more than one non-resident employee may be allowed.
(D) Accessory space, storage, and outside uses/displays.
(1) Accessory space may be used only for storage.
(2) Outside storage and/or uses are prohibited.
(3) No product, merchandise, or goods may be displayed in a manner so that it is visible from outside the residence.
(E) Vehicles/traffic, parking, and access.
(1) Total vehicle trips shall not exceed two per day.
(2) Vehicles associated with the home occupation and parked on site shall:
(a) Not exceed two at any time, including employee and client vehicles;
(b) Commercial vehicles larger than light duty trucks are subject to the provisions of § 154-02-004(C).
(c) Be in a number and of a type typically associated with a residential use.
(3) Additional parking is not required beyond what is required for residential use.
(4) Vehicles related to the home occupation shall not be stored, parked, or repaired on the public right-of-way.
(5) Delivery vehicles other than passenger vehicles, mail carriers, and express carriers (such as U.S. Postal Service, United Parcel Service, and Federal Express) are prohibited.
(F) Noise.
(1) No noise that is discernable outside the residence is permitted.
(2) Noise generated by passenger vehicles is exempt from the provisions of this section.
(G) Equipment. Equipment not typically associated with residential uses that is used in the home occupation shall not (1) create vibrations, heat, glare, dust, odors, or smoke discernable at the property lines; (2) create electrical or magnetic interference off the premises of the dwelling unit; or (3) consume utility quantities that negatively impact the delivery of those utilities to surrounding properties.
(Ord. 466, passed 2-22-96; Am. Ord. 822, passed 4-19-12)
§ 154-14-007 LEVEL TWO - INTERMEDIATE HOME OCCUPATIONS.
(A) Scale/character. A level two - intermediate home occupation is a home occupation conducted predominantly within a single family residential unit located in a transitional area between commercial uses and quiet single family living, that is incidental to the use of the structure as a residence, has limited parking and vehicular traffic, and retains its residential character.
(B) Allowable locations.
(1) Any single family detached residence located in a R2 or R3 zoning district.
(2) Any single family detached residence located in a R1 zoning district that fronts and takes access from an arterial roadway.
(3) Any single family detached residence located on a parcel that is either one acre or more in size, or exceeds the zoning district minimum lot size by 100%.
(4) Level two - intermediate home occupations are prohibited in town houses, apartments, condominiums, guest houses, guest quarters, or accessory dwelling units.
(C) Employees. Up to three employees are permitted.
(D) Accessory space, storage, and outside uses/displays.
(1) Use of up to 500 square feet of accessory space is permitted.
(2) Outside storage and/or uses are prohibited.
(3) No product, merchandise, or goods may be displayed in a manner so that they are visible from outside the residence.
(E) Vehicles/traffic, parking, and access.
(1) Total vehicle trips shall not exceed 20 per day.
(2) Vehicles associated with the home occupation and parked on site shall:
(a) Not exceed four at any time, including employee and client vehicles;
(b) Commercial vehicles larger than light duty trucks are subject to the provisions of § 154-02-004(C); and
(c) Be in a number and of a type typically associated with a residential use.
(3) Employee and client parking shall be in defined areas and such areas shall be accessible, designed, and surfaced for parking.
(4) Vehicles related to the home occupation shall not be stored, parked, or repaired on the public right-of-way.
(5) All vehicular traffic shall access via a public or private roadway.
(F) Noise.
(1) Between 8:00 a.m. and 5:00 p.m. no noise that exceeds the greater of 60 dba or the ambient noise level outside the residence is permitted.
(2) Between 5:00 p.m. and 8:00 a.m., no noise that is discernable outside the residence is permitted.
(3) Noise generated by passenger vehicles is exempt from the provisions of this section.
(G) Equipment. Equipment not typically associated with residential uses that is used in the home occupation shall not (1) create vibrations, heat, glare, dust, odors, or smoke discernable at the property lines; (2) create electrical or magnetic interference off the premises of the dwelling unit; or (3) consume utility quantities that negatively impact the delivery of those utilities to surrounding properties.
(Ord. 466, passed 2-22-96; Am. Ord. 822, passed 4-19-12)
§ 154-14-008 LEVEL THREE - MAJOR HOME OCCUPATIONS.
(A) Scale/character. A level three - major home occupation is a home occupation conducted predominantly within a single family residential unit located in a commercial area that could accommodate a limited number of employees and vehicle traffic, and such use does not detract from any adjoining residential uses.
(B) Allowable locations.
(1) With the issuance of a conditional use permit, in any single family detached residence located within a commercial zoning district.
(2) Level three - major home occupations are prohibited in town houses, apartments, condominiums, guest houses, guest quarters, or accessory dwelling units.
(C) Employees. Up to five employees may be permitted.
(D) Accessory space, storage, and outside uses/displays.
(1) Use of up to 1,500 square feet of accessory space is permitted.
(2) Outside storage and/or uses are prohibited.
(3) No product, merchandise, or goods may be displayed in a manner so that they are visible from outside of the residence.
(E) Vehicles/traffic/parking/access.
(1) Total vehicle trips shall not exceed 30 per day.
(2) Vehicles associated with the home occupation and parked on site at any time shall not exceed five, including employee and client vehicles.
(3) Employee and client parking shall be in defined areas and such areas shall be accessible, designed, and surfaced for vehicular parking.
(4) Vehicles related to the home occupation shall not be stored, parked, or repaired on the public right-of-way.
(5) All vehicular traffic shall access via an improved public roadway.
(F) Noise.
(1) Between 8:00 a.m. and 5:00 p.m. no noise that exceeds the greater of 60 dba or the ambient noise level outside the residence is permitted.
(2) Between 5:00 p.m. and 8:00 a.m., no noise that is discernable outside the residence is permitted.
(3) Noise generated by passenger vehicles is exempt from the provisions of this section.
(G) Equipment. Equipment not typically associated with residential uses that is used in the home occupation shall not (1) create vibrations, heat, glare, dust, odors, or smoke discernable at the property lines; (2) create electrical or magnetic interference off the premises of the dwelling unit; or (3) consume utility quantities that negatively impact the delivery of those utilities to surrounding properties.
(Ord. 466, passed 2-22-96)
§ 154-14-009 RELIEF.
(A) Relief from the prohibitions under § 154-14-005(G) and/or (H) may be granted through the issuance of a conditional use permit.
(B) Except as set forth in division (D) below, a home occupation defined by § 154-14-006 as a level one minor home occupation or by 154-14-007 as a level two intermediate home occupation may be granted relief from any of the standards set forth in §§ 154-14-006 and 154-14-007 through the issuance of a conditional use permit.
(C) Except as set forth in division (D) below, a home occupation defined by § 154-14-008 as a level three major home occupation having direct vehicular access from an improved dedicated roadway that is classified as a collector, arterial, or highway (as identified in the town roadway classification) may be granted relief from any of the standards set forth in § 154-14-008 through the issuance of a conditional use permit.
(D) The following limitations apply to all home occupations. Accessory space shall not exceed 3,000 square feet.
(E) An applicant seeking relief pursuant to this section shall demonstrate (1) the availability of services adequate to serve the proposed use, including transportation, public facilities and other services existing or planned for the area affected by the use; and (2) compatibility with existing land uses.
(F) In determining if a conditional use permit should be issued pursuant to this section, the following factors shall be considered:
(1) The number of specific standards from which relief is sought; it is presumed that the more standards are exceeded, the more difficult it will be to demonstrate compatibility;
(2) The character of the neighborhood, including such factors as the presence of other similar uses, proximity of other dwellings, the level of surrounding traffic, the size of accessory buildings, background noise levels, and other outside uses;
(3) The ability to mitigate impacts by screening, landscaping, building location, building design and other property improvements (for example driveway or road improvements);
(4) Potential environmental impacts, including effects on air and water quality;
(5) Provision of adequate and safe access to public roadways; and
(6) All other factors listed in § 154-09-004.
(Ord. 466, passed 2-22-96; Am. Res. 2838, passed 4-2-15; Am. Ord. 866, passed 4-2-15)