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South Ogden City Zoning Code

CHAPTER 19

HOME OCCUPATIONS

10-19-1: Purpose And Intent

It is the purpose and intent of this chapter to allow persons residing in dwellings in residential areas to use their mental or physical expertise and talent to a limited extent in providing a service or developing a product for sale to the public, operating certain kinds of small businesses or maintaining a professional or business office work space in the dwelling while at the same time maintaining the peace, quiet and domestic tranquility within all residential neighborhoods of the city and guaranteeing to all residents freedom from excessive noise, traffic, nuisances, fire hazard and other possible adverse effects of limited commercial activities being conducted in residential areas. (Ord. 901, 2-18-1997)

10-19-2: Uses

  1. Permitted Uses: Home occupations shall be allowed as permitted uses in residential districts of the city as listed in the use regulations of the various districts and in accordance with the regulations and restrictions of this chapter.
  2. Allowable Uses Specified: The following uses are examples of allowable home occupations:
    1. Group instruction or motivational meetings as a forum for sales presentations not more than once every three (3) months.
    2. Musical instruction.
    3. Phone order or mail order services.
    4. Barber or beautician services with not more than two (2) customers on the premises at any time. (Ord. 901, 2-18-1997)
    5. Home Daycare or Preschool, which is a type of home occupation that provides care for children including the caregiver’s own children. A “home daycare” must follow all rules and regulations established by the State of Utah regarding licensing requirements for home child-care providers, including that the provider must maintain at least one caregiver for up to eight (8) children in care, including the caregiver’s own children under the age of four. All children under 13 years old count toward this limit. A home day care must meet the following standards:
      1. There may be a maximum of eight (8) children on premises at any time, including the caregiver’s own children under the age of six and not yet in full-day school.
      2. Employees shall be limited to not more than two (2) people who actually reside in the dwelling (no non-resident employees permitted).
      3. The home day care/preschool caregiver shall comply with all applicable licensing requirements.
      4. The use shall comply with all applicable traffic, parking, drop-off and noise regulations.
      5. No signs shall be allowed on the dwelling or lot except a nameplate sign.
      6. The use shall comply with all local, state and federal laws and regulations. Ord. 901, 2-18-1997; Ord. 15-06, 2-17-2015, eff. 2-17-2015
    6. Computer information services.
    7. Garage sales held not more than once every three (3) months.
  3. Uses Not Constituting Home Occupations: The following uses shall not constitute home occupations:
    1. Any activity which noticeably produces electrical interference, smoke, dust, odors or heat.
    2. Any activity which produces increased foot and vehicular traffic, parking, sounds or noises, lighting, vibration or anything that is uncommon to the residential character of the surrounding area to such a degree so as to constitute a nuisance to the residents of the immediate neighborhood.
    3. Any activity which violates existing civil or criminal codes of the city, Weber County, the state or the U.S. government.
    4. Retail sales including short term boutiques, etc. (Ord. 901, 2-18-1997)
HISTORY
Amended by Ord. 22-02 on 2/15/2022

10-19-3: Required Conditions

A home occupation must meet all of the following conditions and requirements:

  1. Number Of Persons Limited: The occupation is limited to not more than two (2) persons who actually reside on the premises.
  2. Alterations; Character Retained: The occupation shall not require interior or exterior alterations and shall retain the general character and appearance of a residential dwelling.
  3. Square Footage Allowed: The occupation may include the use of not more than four hundred (400) square feet or over twenty five percent (25%), whichever is less, of the floor area of the home, including the basement.
  4. Use Outside Dwelling: The occupation shall not use any space in an attached or unattached garage, accessory building, yard or any space on the premises outside of the dwelling.
  5. Storage Of Goods: The occupation shall not include the storage on or sale from the premises of goods or commodities which are not produced on the premises. This does not apply to phone order or mail order sales with delivery direct to an off premises buyer.
  6. Hours Open To Public: The occupation shall not be open to the public at times earlier than eight o'clock (8:00) A.M., nor later than nine o'clock (9:00) P.M. (Ord. 901, 2-18-1997)
  7. More Than One Home Occupation Permitted: More than one home occupation may be permitted in a dwelling so long as the maximum cumulative impact of all such businesses shall not exceed the impact of a single home occupation. (Ord. 13-01, 1-8-2013, eff. 1-8-2013)
  8. Multi-Family Dwelling Units:
    1. An occupation that attracts customers, clients or students to the premises for sales or services; which require the storage of goods and/or using special equipment; which requires parking or storage of trucks or special vehicles; or which serves as a gathering place for off site workers and employees shall not be allowed in multi-family dwellings units. Multi-family home occupations are limited to internet, online, mail order and similar minimal impact uses only.
    2. As part of the application process for a home occupation license under this section, where the business will be at a rental property and the applicant is not the property owner, a letter from the property owner stating he/she knows of the application and interposes no objection to the operation of the business must be provided. (Ord. 13-06, 4-16-2013, eff. 4-16-2013)
  9. Instruction: An occupation which teaches voice, dance or other instruction shall be limited to five (5) students on the premises at any time. Instruction on musical instruments shall be limited to two (2) students on the premises at any time.
  10. Selling Parties: Selling parties shall be limited to not more than ten (10) buying customers at any one time and not more than one party every three (3) months.
  11. Parking: An occupation that attracts customers, clients or students to the premises shall provide adequate off street parking as determined by the building official.
  12. Storage, Parking: There shall be no storage or parking on the premises or on the streets in the vicinity of the premises of tractor trailers, semi-trucks, or other heavy equipment in an off premises business for which the dwelling is being used as a home occupation office, except that not more than one truck of one ton capacity or less may be parked on premises during off hours at night.
  13. Notification Of Adjacent Property Owners: Property owners within one hundred fifty feet (150') of the premises proposed for a home occupation, shall be notified of the application by the city. Names and addresses are to be furnished by the applicant at the time of application. (Ord. 901, 2-18-1997)
HISTORY
Amended by Ord. 22-19 on 10/18/2022

10-19-4: Violations

The home occupation permit is subject to the revocation procedures of the business license ordinance. The planning commission shall conduct a hearing and if necessary recommend action to be taken to the city council. (Ord. 901, 2-18-1997)

22-02

22-19