Pleasant Grove City Zoning Code
CHAPTER 21
HOME OCCUPATIONS1
10-21-1: PURPOSE AND INTENT:
The purpose and intent of this chapter is to encourage the majority of business activities to be conducted in appropriate commercial zones. Business activities may be conducted within a residence on a limited basis, if such activities comply with the standards of this section. All home occupations shall be secondary and incidental to the residential use. The use should be conducted so that neighbors, under normal conditions, would not be aware of its existence. Home occupations are a temporary privilege which can be revoked if disruption of the residential neighborhood occurs. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; amd. Ord. 2019-24, 12-3-2019)
10-21-2: HOME OCCUPATION PERMIT REQUIRED:
To assure compliance with provisions of this title and to protect the character of residential neighborhoods in the City, a home occupation permit shall be obtained from the community development department before a dwelling unit in a residential zone may be used for business purposes. (Ord. 2000-23, 7-18-2000; amd. Ord. 2019-24, 12-3-2019)
10-21-3: PROCEDURE:
The community development director may, upon application, issue a home occupation permit which shall state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon. The permit shall not be issued unless the community development director is satisfied that the applicant will meet all of the conditions listed in section 10-21-4 of this chapter, and that the applicant has agreed in writing to comply with all said conditions. (Ord. 2000-23, 7-18-2000; amd. Ord. 2019-24, 12-3-2019)
10-21-4: CONDITIONS:
Each and every one of the following conditions must be observed at all times by the holder of a home occupation permit:
A. Employees Must Be Residents: Persons who are not bona fide residents of the premises shall not be employed on said premises.
B. Conducted Within Structure: The home occupation shall be conducted wholly within the structure on the premises and shall not exceed twenty five percent (25%) of the total floor area of said structures. The home occupation shall not occupy any area within the garage, unless the garage still functions for parking, and as long as two (2) parking spaces for residential use are still available.
C. Number Of Meetings: Promotional meetings for the purpose of selling merchandise, taking orders or training shall not be held more than once per month.
D. Sales: The home occupation may include the sale of commodities. However, it is the intent that it be limited to items produced on the premises, or items that are incidental to the service provided, e.g., a beautician who also sells hair care products to her clientele. The home occupation shall not generate more than two (2) vehicular round trips related to the home occupation business activities during any single hour, including deliveries and shipping.
1. Online Sales: Internet and mail-order-based sales home occupations are allowed as a home office only. The in-person monetary transaction and/or exchange of merchandise is not allowed in the home, on the premises, or in any portion of a residential zone.
E. Signs And Advertising: No sign or advertising shall be displayed on the premises, except nameplates not exceeding two (2) square feet in area.
F. Displays: No display of any kind shall be visible from the exterior of the premises.
G. Yard And Similar Sales: Garage, basement, yard or other similar sales shall not be allowed more than a total of five (5) days in any calendar year (see subsection 10-16-2B of this title). Such sales do not constitute a home occupation.
H. Vehicle Use And Storage; Deliveries: Only one vehicle may be used in association with the home occupation and shall be garaged or stored entirely within a building or structure. The vehicle used for the home occupation shall be limited to a maximum size of one ton gross vehicle weight. No business shall be permitted that requires receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No deliveries by semi-tractor/trailer truck are permitted.
I. Code Compliance: There shall be complete conformity with the City Code, Dire, Building, Plumbing, Electrical and County Health Codes, and to all State, County and City laws and ordinances.
J. Excessive Demand For Services: 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.
K. Alteration Of Residential Character: 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 or vibrations.
L. Special Conditions Met: Any special condition established by the Community Development Department and made of record in the home occupation permit, as they deem necessary to carry out the intent of this section, shall be met.
M. Term Of Permit; Renewal: All home occupation permits shall be valid for one year, and may 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.
N. Handicapped Person: Handicapped persons can obtain a waiver of one or more of these conditions through the Community Development Director to allow such persons to become self-sufficient. (Ord. 2000-23, 7-18-2000; amd. Ord. 2019-24, 12-3-2019)
10-21-5: MINOR HOME OCCUPATIONS:
Home occupations which meet the above standards shall be defined as minor home occupations. In order to minimize traffic and off street parking, and to avoid health and sanitation risks from the disposal of medical wastes, medical, dental and other health professional offices are specifically excluded as home occupations. Permitted minor home occupations include, but are not necessarily limited to, the following:
A. Artists, authors, architectural services, advertising.
B. Barber and beauty shops, including those that offer microblading services as a cosmetic use, provided the number of clients is limited to one at a time and that a permit from the Utah County Health Department is obtained first.
C. Consulting services, craft sales.
D. Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction, provided the number of students is limited to two (2) at a time.
E. Direct sales distribution, desktop publishing.
F. Data processing, computer programming, and service.
G. Family daycare (not more than six (6) children).
H. Home crafts.
I. Garden produce.
J. Janitorial services.
K. Insurance sales or broker, interior design.
L. Mail order.
M. Real estate sales, broker or appraiser.
N. Sales representative (home office only).
O. Contractors, provided there is no outside storage of equipment, and no more than one company vehicle stored on site. (Ord. 2018-6, 2-6-2018; amd. Ord. 2019-24, 12-3-2019)
10-21-6: MAJOR HOME OCCUPATIONS:
"Major home occupations" are defined as home occupations which meet the standards listed in section 10-21-4 of this chapter, as well as conditional use approval from the Planning Commission. The Planning Commission may allow increases in intensity of a home occupation, as follows:
A. The number of patrons or customers coming to the home may range up to eight (8) per hour, provided sufficient off street parking is provided and the use does not adversely affect the neighborhood. Daycare, preschools, and nurseries, as defined in sections 10-6-2 and 10-15-27 of this title, are to be exempt from this subsection. Children that are associated with any type of daycare, as defined in this Code, are not to be considered as patrons or customers.
B. Employees not residing on the premises may be allowed during daytime business hours (8:00 A.M. to 5:00 P.M.), subject to the following conditions:
1. No more than one nonresident employee is permitted for homes with lots under twelve thousand (12,000) square feet, and two (2) nonresident employees are permitted for homes with lots twelve thousand (12,000) square feet or greater. Additional nonresident employees may be approved for homes with lots twelve thousand (12,000) square feet or greater; however, the number of additional employees shall not exceed the number of residents living in the home, and may be subject to additional conditions as stated in subsection D of this section.
2. Promotional meetings for the purpose of selling merchandise, taking orders or training may be held one time per month.
3. On street parking shall not be allowed.
4. Multi-family residential home businesses shall not have a nonresident employee.
C. An increase in the size and number of company vehicles and equipment may be approved by the Planning Commission with appropriate mitigations, such as fencing and buildings.
D. Additional conditions may be applied for visual appearance of site, access improvements, noise limits, scope of services allowed, and other conditions deemed necessary by the Planning Commission. (Ord. 2015-4, 1-27-2015; amd. Ord. 2019-24, 12-3-2019)
10-21-7: NONCOMPLIANCE:
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 three (3) days of receipt of written notice thereof. A permit may be revoked for repeated violations of the requirements of this chapter, notwithstanding compliance to the violation notice. (Ord. 2000-23, 7-18-2000; amd. Ord. 2019-24, 12-3-2019)
10-21-8: 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 Hearings Officer in accordance with the provisions of title 2, chapter 4 of this Code. (Ord. 2017-29, 5-16-2017; amd. Ord. 2019-24, 12-3-2019)
10-21-9: BUSINESS LICENSE REQUIRED:
A home occupation permit is not a business license, and the granting of said permit shall not relieve the permittee of any other license requirement of the City or of any other public agency 1 . (Ord. 2000-23, 7-18-2000; amd. Ord. 2019-24, 12-3-2019)