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Provo City Zoning Code

14.41 Home

Occupations

14.41.010 Purpose and Intent.

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 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.

(Enacted 1993-02)

14.41.015 Definitions.

Customer” means any individual visiting the home occupation for a business related activity or purpose, including, but not limited to, clients, students, delivery personnel, and spectators. Each individual visiting the home occupation is a separate customer regardless of any relationship or corporate affiliation that may exist between them.

Employee” means any person who works for the home occupation business, regardless of whether they are paid or not.

(Enacted 2018-28)

14.41.020 Home Occupation Permit Required.

To assure compliance with provisions of this Title and to protect the character of residential neighborhoods in the City of Provo, a Home Occupation Permit shall be obtained from the Development Services Department before a dwelling unit in a residential zone may be used for business purposes.

(Ren 1993-02, Am 2016-08, Am 2020-57, Am 2022-17)

14.41.030 Procedure.

The Development Services Department 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 Development Services Department 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 conditions.

(Ren 1993-02, Am 2016-08, Am 2020-57, Am 2022-17)

14.41.040 Conditions.

Each and every one of the following conditions must be observed at all times by the holder of a Home Occupation Permit:

(1) Persons who are not bona fide residents of the premises shall not be employed on said premises.

(2) The home occupation shall be conducted wholly within the structure on the premises and shall not exceed forty-nine percent (49%) 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.

(3) Promotional meetings for the purpose of selling merchandise or taking orders may exceed the limits on customers in this Section, but may not be held more than once per month and shall be limited to a maximum of twelve (12) customers.

(4) 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, i.e., a beautician who also sells hair care products to her clientele. Retail sales of products and services are allowed at the home with a maximum of two (2) customers per hour between the hours of 8:00 a.m. and 9:00 p.m., provided customers do not unreasonably disturb the peace and quiet of the neighborhood.

(5) No sign or advertising shall be displayed on the premises except name plates as permitted by Section 14.38.050(9), Provo City Code.

(6) No display of any kind shall be visible from the exterior of the premises.

(7) Garage, basement, yard or other similar sales shall not be allowed more than a total of five (5) days in any calendar year. Such sales do not constitute a home occupation.

(8) Only one (1) 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 gross vehicle weight rating of fourteen thousand (14,000) pounds. Nor shall a business 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.

(9) There shall be complete conformity with the Provo City Code, fire, building, plumbing, electrical, and health codes and to all applicable State and City laws and ordinances.

(10) 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.

(11) 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.

(12) Any special condition established by the Development Services 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.

(13) All Home Occupation Permits shall be valid for one (1) year, and may be renewed annually provided there have been no reported violations, complaints, or detrimental characteristics which may, in the opinion of the Development Services Department, require termination of said home occupation.

(14) Handicapped persons can obtain a waiver of one (1) or more of these conditions through the Zoning Administrator to allow such persons to become self-sufficient.

(15) In instances where the home includes an accessory apartment, major home occupations are not allowed unless use of the accessory apartment is terminated.

(16) Sufficient off-street parking must be provided for all business-related vehicles which park at the location of the home occupation, including those of the applicant, employee, customers, clients, and business-related visitor vehicles.

(Am 1991-68, Am 1993-02, Am 1994-41, Am 2018-28, Am 2020-57, Am 2022-17)

14.41.050 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:

(1) Artists, authors, architectural services, advertising;

(2) Barber and beauty shops;

(3) Consulting services, craft sales;

(4) Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction, provided the number of students is limited to two (2) at a time;

(5) Direct sales distribution, desktop publishing;

(6) Data processing, computer programming, and service;

(7) Family day care (not more than six (6) children);

(8) Home crafts;

(9) Garden produce;

(10) Janitorial services;

(11) Insurance sales or broker, interior design;

(12) Mail order;

(13) Real estate sales, broker, or appraiser;

(14) Sales representative; and

(15) Contractors, provided there is no outside storage of equipment, and no more than one (1) company vehicle stored on site.

(Enacted 1993-02, Am 2018-28)

14.41.060 Major Home Occupations.

“Major home occupation” means a home occupation which meets the standards listed in Section 14.41.040, Provo City Code, except as specifically modified by the Development Services Department as provided herein. Pursuant to approval of a conditional use permit, the Development Services Department may authorize an increase in the intensity of a home occupation, as follows:

(1) Up to six (6) customers per hour may come to a dwelling unit between the hours of 8:00 a.m. and 5:00 p.m. and up to two (2) customers per hour between the hours of 5:00 p.m. and 9:00 p.m.; provided, that customers do not unreasonably disturb the peace and quiet of the neighborhood.

(2) A larger commercial vehicle up to a gross vehicle weight rating of seventeen thousand five hundred (17,500) pounds may be used, provided it is parked on private property and adequately screened.

(3) Outside 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 conditions of either Subsection (3)(a) or (3)(b) of this Section:

(a) No more than one (1) outside employees at one time for a dwelling unit located on a lot or parcel which is at least eight thousand (8,000) square feet in area. One (1) additional employee may be allowed for each additional increment of thirty thousand (30,000) square feet in the area of the lot or parcel.

(b) As an alternative to Subsection (3)(a) of this Section, a home occupation that does not bring customers to the premises may have up to two (2) outside employees at one time for a dwelling unit located on a lot or parcel which is at least eight thousand (8,000) square feet in size, provided sufficient off-street parking is provided. One (1) additional employee may be allowed for each additional increment of thirty thousand (30,000) square feet in the area of the lot or parcel.

(c) A home occupation that does not bring customers to the premises may have extended hours for outside employees, from 8:00 a.m. to 9:00 p.m., subject to the conditions of Subsection (3)(b) of this Section.

(4) Promotional meetings for` the purpose of selling merchandise, taking orders, or training exceed the limits on customers and employees in this Section, but may not be held more than four (4) times per month and shall be limited to a combined total of twelve (12) customers and employees.

(Enacted 1993-02, Am 1995-37, Am 2005-38, Am 2018-28, Am 2020-57, Am 2022-17)

14.41.070 Noncompliance.

Any Home Occupation Permit shall be revoked by the Development Services Department 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.

(Ren 1993-02, Am 2016-08, Am 2020-57, Am 2022-17)

14.41.080 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 Board of Adjustment in accordance with the provisions of Section 14.05.050, Provo City Code.

(Ren 1993-02)

14.41.090 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.

(Ren 1993-02)