Roosevelt City Zoning Code

The purpose of this Chapter is:

1. To protect the character of residential neighborhoods by regulating the type and extent of any use of a residence for purposes other than as a dwelling; and
2. To allow certain uses as defined to exist within residential areas of the City.

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-1. Formerly 17.24.010, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. The designated “permitted uses” herein shall be subject to home occupation and/or conditional use permits if any employee does not reside in the subject premises as their primary residence.
2. All occupations expressly permitted remain subject to any City requirements and all other State permitting and/or license requirements.
3. Subject to the provisions of Title R5, Chapters R17.01 and R17.08 and Section R17.07.050, the following uses are hereby expressly permitted without the necessity of a home occupation permit or conditional use permit, subject to the limitations of subsections A and B of this section:
4. Home office.
5. Accounting services.
6. Consulting services.
7. Bookkeeping.
8. Internet or mail-order sales.
9. Computer-based businesses.
10. Professional services properly licensed with the State of Utah.
11. Insurance sales or broker.
12. Janitorial service.
13. Construction office (no storage or use of heavy equipment).
14. Landscaping contractor (no storage or use of heavy equipment).
15. Real estate sales or broker.
16. Sales representative.
17. Direct sales distribution.
18. Artists and/or authors.
19. Home crafts and arts.
20. Sewing or embossing of clothing or fabrics.
21. Musical lessons.
22. Barber shops, beauty shops or nail salons.
23. Daycare for up to four children per day.
24. Massage therapy.
25. Garden produce (produced on site).

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

To assure compliance with the provisions of this chapter, a home occupation permit shall be obtained from the Planning Commission, for any use not expressly permitted by Section R17.07.020(C), before a dwelling unit in a residential zone may be used for business purposes unless the individual who would otherwise be subject to the permit is under eighteen (18) years of age and the business is only operated occasionally. A home occupation is as defined in Chapter R17.01 except for those uses expressly permitted herein. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-2. Formerly 17.07.020, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

All home occupations not expressly permitted by Section R17.07.020(C) are considered as conditional uses in any residential zone. All requests for a home occupation will be subject to the requirements in Chapter R17.08, Conditional Uses; a home occupation permit shall be defined as the conditional use permit in this instance. No fee will be charged for any home-based business permit or license. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-3. Formerly 17.07.030, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Each of the following conditions shall be observed at all times when operating a home occupation:

1. The home occupation shall be conducted entirely within the dwelling, with the exception of garden produce. An attached garage is not to be considered as part of the dwelling for use of a home occupation.
2. The home occupation shall be carried on only by the residing person and/or residing family members.
3. The home occupation shall not involve the use of any accessory building nor yard space for storage or activities outside the dwelling. “Garden produce” exempted.
4. Not more than the equivalent of twenty-five percent (25%) of the ground floor area of the dwelling shall be devoted to the home occupation. “Garden produce” exempted.
5. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the building from that of a dwelling.
6. 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 with home crafts.
7. No advertising shall be displayed on the premises with the exception of a sign for identification purposes only. Such a sign must be attached to the residence and shall be no larger than two square feet (2 sq. ft.) in area.
8. 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.
9. I 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.
10. Any special conditions established by the Planning Commission and made a record in the minutes of said commission, as deemed necessary to carry out the purpose of this chapter and to protect the health, safety, and general welfare of the residents of the City shall be met.
11. Access for home occupation activity shall be limited to a normal dwelling entrance. No special entrance is to be created specifically for the home occupation.
12. “Home occupation” shall include the care of not more than four children other than members of the family residing in the dwelling for an expressly permitted use and not more than twelve (12) children for an occupation which has obtained proper home occupation and/or conditional use permits.
13. Promotional meetings for the purpose of selling merchandise, taking orders or training shall not be held more than one (1) time per month.
14. No display of any kind shall be visible from the exterior of the premises except as specifically exempt.
15. 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 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.
16. In all cases where a home occupation is engaged in, there shall be no advertising of said occupation, no window displays, or signs except as permitted herein.
17. Disabled persons can obtain a waiver of one or more of these conditions through the conditional use permit process to allow such persons to become self-sufficient.

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 97-277 §§ 1, 2; Ord. 83-176B § 2; Ord. 81-127 § 1; Ord. 79-101 § 6-4. Formerly 17.07.040, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

All home occupation permits shall be valid for one year and may be renewed annually.

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part). Formerly 17.07.050, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Any home occupation permit may be revoked by the City Council after review and recommendation of the Planning Commission, upon failure to comply with the conditions imposed with the original approval of the permit. Any use expressly permitted pursuant to Section R17.07.020 that does not at all times conform with all applicable provisions of Section R17.07.050 shall immediately be required to obtain a home occupation permit and/or conditional use permit. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-6. Formerly 17.07.060, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Notwithstanding any other provision of this Chapter or any other ordinance of the City, any home occupation which becomes nonconforming upon adoption of this Chapter shall not be renewed when discontinued for any period greater than sixty (60) days by the present permittee. Home occupation permits shall not be transferred from one person to another, nor from one location to another. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-7. Formerly 17.07.070, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

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 except that no fee shall be charged for a home-based business license. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-409 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 6-8. Formerly 17.07.080, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024