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 chapter. 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 privilege which can be revoked if disruption of the neighborhood occurs. (Ord. 2012-02)

A "home occupation" as used herein shall mean the conducting of any business transaction, or activity for which consideration of any nature is received in any zone classified as residential under the land use ordinance. Occasional "garage sales" held on an irregular basis not to exceed one per year, do not constitute a home occupation. (Ord. 2012-02)

To ensure compliance with the provisions of this chapter, and to protect the health, safety, and welfare of residential neighborhoods, a home occupation permit shall be obtained by filing an application, and paying the required fee, to the city of Santa Clara. The application requires the submission of an accurate and legible drawing of the home, and the yard, as may be necessary, showing how the various parts of the home and parking areas will be used in accommodating the requested use of the home. The request may be heard by either the city staff, or the planning commission as may be determined by the staff. (Ord. 2012-02)

To ensure compliance with the provisions of this chapter, and to protect the character of residential neighborhoods in the city, a business license shall be obtained from the city after the home occupation permit has been approved, and before a dwelling unit in a residential zone may be used for business purposes. Business licenses shall be renewed annually. (Ord. 2012-02)

Upon approval by the city staff, or planning commission, a permit will be issued to the applicant and will allow them to obtain a business license from the city office. The approval will contain whatever requirements will be imposed on the applicant. The approval of the application is dependent upon meeting all of the listed requirements in the following section, and the applicant will agree in writing within the application form to comply with all said requirements. (Ord. 2012-02)

Any approved home occupation that may require changes in the home such as fire/safety requirements that would be required for a child daycare business, or any building code requirements, will require an inspection by the building official to determine compliance, or to identify changes that would need to be made. The zoning administrator, or building official, shall have authority at any time to inspect the dwelling and premises to determine that all requirements for the home occupation, and the requirements of the international building code, are being complied with. (Ord. 2012-02)

Each requirement listed below must be observed at all times by the holder of a home occupation permit:

   A.   The holder of a home occupation permit shall be a bona fide resident of the residence. Persons who are not bona fide residents of the premises shall not be employed on said premises, or come to the premises to receive regular work assignments.

   B.   The home occupation business shall be conducted wholly within the dwelling on the premises, and shall not exceed twenty five percent (25%) of the total floor area. The home occupation shall not occupy any area in the garage unless the garage still functions for parking of at least one vehicle, and as long as two (2) parking spaces for residential use are still available. Tandem parking in the driveway is not permitted.

   C.   Promotional meetings for the purpose of selling merchandise, taking orders, or training shall not be held more than once per month.

   D.   The home occupation may include the sale of commodities. However, it is the intent of this chapter that the items be primarily limited to those produced on the property, or items that are incidental to the service provided (i.e., a beautician who sells hair care or other beauty products to the clientele). Sales of products and services are allowed at the home with a maximum of two (2) nonoverlapping customers per hour.

   E.   No business or commercial sign or advertising shall be displayed on the premises except for an identification sign not larger than twelve inches by twelve inches (12" x 12") located on the inside of a window on the front of the home.

   F.   There shall be no storage of materials, samples, displays, or supplies outdoors, nor shall any indoor storage be visible from the exterior of the residence. In no case shall any materials, samples, supplies, machinery, or equipment be left, placed, stored, or parked on any public street or sidewalk area, or on any private street or sidewalk.

   G.   Only one vehicle may be used in connection with the home occupation. The vehicle used for the home occupation shall be limited to a maximum of one ton gross vehicle weight, nor shall a business be permitted that requires receipt or delivery of merchandise, goods, or equipment by other than a passenger vehicle, or parcel or delivery service vehicle in excess of those usually and customarily used for residential deliveries. No regular deliveries shall be made by semitractor, or semitrailer truck.

   H.   The home occupation shall not cause a demand for utility, garbage, or community services beyond those usually provided for residential use.

   I.   The home occupation shall not alter the residential character of the premises, nor unreasonably disturb the peace and quiet, including radio, television, and computer reception of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises, vibrations, or electronic disruptions.

   J.   The home occupation shall not cause, directly or indirectly, any excessive negative impacts on the residential neighborhood, including, but not limited to, noise, traffic, vehicular or pedestrian, or parking impacts, which cause three (3) or more persons residing within a five hundred foot (500') radius of the home occupation to file legitimate complaints, as determined by the zoning administrator, with the city concerning the home occupation. When complaints are filed, they will be investigated, and may result in the permit being called back before the planning commission for determination as to whether to continue the use, or to terminate it.

   K.   Any requirements established by the staff, or by the planning commission, authorized by this chapter regarding the home occupation application shall be made of record, and shall become the basis upon which the home occupation is approved or later reviewed.

   L.   A home occupation permit shall not be issued unless and until all other federal, state, county, city, and any other public agency license requirements to conduct said business have been met, unless city approval is a condition of receiving state or federal approval.

   M.   Most home occupations can be approved by the planning staff unless the staff feels that approval should be considered at a public meeting in order to allow adjoining neighbors the opportunity to respond.

   N.   The planning commission may grant a permit for an indefinite period of time, unless something in the nature of the use would require them to call it back up again to be reheard, reinstated, or possibly terminated. In all cases a permit shall be subject to termination for violating conditions of approval, of the purpose and intent of this chapter.

   O.   Any use may still be called back for review for cause. (Ord. 2012-02)

   A.   In order to minimize traffic and parking problems and to avoid health, safety, and sanitation risks from the disposal of wastes, health service businesses are not permitted except for emergency consultation. Other uses, such as the repair or painting of automobiles, commercial kennels, commercial stables, and major appliance repair, lawnmower repair, or repair of similar motorized equipment, manufacturing and industrial type uses, and any other uses that the planning commission deems to be not in harmony with intent and character of the residential area, may be denied by the planning commission.

   B.   A sample of some uses that could be permitted as home occupations, as long as they meet the requirements of this chapter could include artist studios, architectural services, barber and beauty services, consulting services, computer services, computer business with sales away from the home, dance classes, music lessons, swimming lessons, tennis lessons, or any such lessons (not to exceed 10 students at any 1 time), data processing, secretarial services, family daycare not to exceed five (5) children plus those living at the residence, unless otherwise approved by the planning commission and licensed by the state of Utah. Other similar uses determined by the planning commission to be compatible with the intent and purpose of the residential zone and not specifically excluded herein, may also be approved. (Ord. 2012-02)