It is unlawful to conduct or pursue a home occupation within the corporate limits of the city unless each of the following conditions are complied with:

A.

Employees: All employees conducting business on the premises shall be residents of the premises wherein the home occupation is being conducted.

B.

Neighborhood Atmosphere Not Altered: The premises shall not be physically changed to accommodate the home occupation to the extent that it would alter the residential atmosphere of the neighborhood. The home occupation shall not disturb the peace and quiet of the neighborhood by reason of lighting, sounds, noise, vibrations or interference with radio or television reception. The home occupation shall not generate dust, odors, noxious fumes, glare or other hazards to safety and health which may be sensed beyond the premises.

C.

Conducted Within Primary Structure: The home occupation shall be conducted entirely within the primary structure on the premises and the space devoted to the home occupation shall not exceed an area greater than twenty-five percent (25%) of the main floor area and/or attached garage of the primary structure; however, no more than twenty-five percent (25%) of an attached garage area shall be used for the home occupation. In addition, any use of an attached garage must be inconspicuous. Detached garages, accessory buildings and the yard are specifically prohibited from the home occupation use.

D.

Operating Supplies: Operating supplies, including inventory and displays for the home occupation shall not take up more than fifty percent (50%) of the permitted area described in subsection C of this section.

E.

Displays Enclosed: All displays of sales goods, wares or merchandise shall be totally enclosed within the premises and shall not be visible from without the premises.

F.

Sign: One flat sign attached to the primary residence not exceeding two (2) square feet in area and indicating the home occupation is the only sign that shall be permitted on the premises. This subsection shall not apply to the advertising of fruit or vegetables in season.

G.

Traffic: The home occupation shall not generate vehicular traffic different in quality or quantity from that normally present in the neighborhood in which the dwelling is located.

H.

Parking: There shall be no off street parking facilities on the premises of the home occupation dwelling permitted beyond that normally required for residential uses.

I.

Fencing of Daycare/Preschool Centers: Any dwelling, where a home occupation daycare/preschool center is operated, shall have no less than twenty-five percent (25%) of the yard at such dwelling fenced in such a manner as to meet the fencing requirements of section 10-14-7 of this title and to provide for the reasonable safety and well being of the children being cared for at the dwelling.

J.

Rental Dwelling: No home occupation license may be granted to any person occupying a rented dwelling place unless the applicant shall have first obtained the written approval from the owner of the rented premises for the operation of the business.

K.

Hazardous Conditions: The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials. Animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property shall not be kept or raised.

L.

Demand for Excessive Services: The home occupation shall not create a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.

M.

Daycare/Preschool Provider: The home occupation may be a child daycare/preschool which cares for not more than eight (8) children at a time or care session. Children of the provider, under the age of four (4) years wherein the home occupation takes place shall be counted for this limitation. The daycare/preschool provider may not care for more than two (2) children two (2) years of age or younger at one time. Definition of an infant is any child two (2) years of age or younger. A home business daycare/preschool, if in the basement, must have access to an exterior door in the basement. These requirements apply only to a conditionally licensed home occupation daycare/preschool. Commercially licensed daycares and preschools must comply with Utah state law and Riverdale City ordinances.

(Ord. 575, 2-16-2000; Ord. 800, 2-21-2012; Ord. 802, 4-3-2012)

Home occupations which are lawfully in existence at the time of the adoption of this chapter but which do not comply with the above conditions may continue to do business. However, such nonconforming uses shall cease to be lawful when such use has been abandoned for one continuous year.

A.

A home occupation which is lawful because of this section shall not be enlarged or expanded as to volume, intensity, size, area, nature, extent, time or effect after the adoption of this chapter.

B.

Nonconforming home occupations are hereby made exempt from the extension privilege of subsection 10-20-2A3 of this title.

(Ord. 575, 2-16-2000)

Nothing in this chapter shall prohibit the city from licensing, taxing or regulating a home occupation. The city may conduct visual on site inspections at the discretion of the planning commission prior to city council approval of a home occupation business license. There may be periodic on site inspections prior to the renewal of a home occupation business license.

(Ord. 575, 2-16-2000)

A violation of this chapter is deemed a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Each day a violation continues is hereby deemed to be a separate offense for the purposes of this chapter.

(Ord. 575, 2-16-2000; amd. 2001 Code)