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Sunset City Zoning Code

CHAPTER 9

HOME OCCUPATIONS

10-9-1: LICENSE REQUIRED:

   A.   Scope: To assure compliance with the provisions of this title and to protect the character of residential neighborhoods in the City, a home occupation license shall be issued to select businesses before a dwelling unit or garage in a residential zone may be used for business purposes. Home occupations will be limited to two (2) licenses per dwelling unit.
      1.   Only the following home based businesses are required to obtain and maintain a current City business license and meet all requirements of title 3, "Business And License Regulations", of this Code:
         a.   In-home child or adult care and preschool businesses.
         b.   Businesses that require or attract more than ten (10) vehicle trips per day, including but not limited to package delivery, client visits, and employee trips.
         c.   Any business that is required to have a fire inspection due to possible hazardous storage or activities.
         d.   Any business that is required to obtain a license from another governmental agency including, but not limited to, the Utah or Davis County Department of Health, Utah Division of Occupational and Professional Licensing, United States Department of Agriculture or United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
         e.   Any intrinsically commercial operation, such as residential hosting or home bed and breakfast.
   B.   Procedure: The Business Licensing Clerk and City Recorder may, upon application, issue a home occupation license, which shall state the permitted home occupation. The initial license shall not be issued until the Business Licensing Clerk and City Recorder are satisfied that the applicant will meet all of the conditions required. (Ord. 2017-11, 11-21-2017)

10-9-2: REQUIRED CONDITIONS:

Each of the following conditions must be observed at all times by the holder of a home occupation license:
   A.   Physical Change: The home occupation will not physically change the dwellings to the extent that it would alter the residential character of the premises or the residential atmosphere of the neighborhood in which it is located. Furthermore, it shall not 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.
   B.   Permissible Footage: The home occupation activity shall be conducted wholly within the home of the applicant or an enclosed garage if said structure is located on the premises of the applicant and the total permissible footage (length and width of outside main building measurements) to be used for the home occupation shall not exceed twenty five percent (25%) of the total square footage of the house, excluding garage and basement area.
   C.   Inventory And Supplies: Inventory and supplies for the home occupation shall not occupy more than fifty percent (50%) of the permitted area.
   D.   Signs And Advertising: No sign or advertising will be displayed on the premises, except one attached flat against the building or displayed in a window and does not exceed four (4) square feet in area.
   E.   Vehicles: All maintenance or service vehicles and equipment, or any vehicle bearing advertising related to the home occupation or any other similar vehicle shall be stored on the premises.
   F.   Conformance With Codes: There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes and to all State and City ordinances.
   G.   Hazards To Safety: The home occupation shall not be associated with noise, dust, odors, noxious fumes, glare or other hazards to safety and health which are emitted and may be discernible beyond the premises.
   H.   Dangerous Materials: The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
   I.   Excess Demand For Utilities: 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. (Ord. 2017-11, 11-21-2017)

10-9-3: HOME CHILDCARE REGULATIONS:

Any childcare operation conducted on property where the primary use is a residence must be a licensed family childcare provider in accordance with Utah State Rule R430-90 licensed family childcare, and hold a current Sunset City home occupation business license. The above rule is supplemented as follows:
   A.   The childcare operation shall comply with all provisions of a home occupation except that a childcare business shall not be restricted to twenty five percent (25%) of the living area of the home and additionally may use yard space for play purposes, so long as the use otherwise complies with the restrictions on home occupations.
   B.   A home childcare business shall be limited to not more than eight (8) children including the provider's own children under the age of four (4). No more than two (2) of the children may be under the age of two (2). (Ord. 2017-11, 11-21-2017)