It is the purpose and intent of this subchapter to allow persons residing in dwellings in residential and agricultural areas to provide a service, develop a product for sale and operate certain kinds of small businesses, while at the same time maintaining the peace, quiet, and domestic tranquility within all residential or agricultural areas of the city.

(Prior Code, § 64.02) (Ord. 2-92, passed - -1992, Ord. 16-2022, passed 8-17-2022)

   (A)   Home occupations shall be allowed as a permitted use in all residential and agricultural zones, provided that the following conditions are met:

      (1)   Individuals who own and operate the business must also live at the residence.

      (2)   The business employs no more than one employee who does not live at the residence.

      (3)   The business does not use any accessory building, garage, yard or space outside the main building not normally associated with residential use.

      (4)   The business does not use, produce or store hazardous chemicals, as defined in UCA § 19-6-302.

      (5)   Provided the above conditions are met, and that the business does not otherwise violate any provision of the West Haven City Zoning Code, a home occupation license shall be issued.

   (B)   (1)   Home occupations which do not meet all of the above criteria may be allowed, but shall be required to apply for a conditional use permit from the Planning Commission.

      (2)   In reviewing a request for a conditional use permit for a home occupation, the Planning Commission may consider the following factors, and may impose such conditions as necessary and reasonable to offset the potential detrimental impacts as these factors create:

         (a)   Will the business produce, or be likely to produce, noise, odors, dust or smoke that extends beyond the property?

         (b)   Will the business produce, or be likely to produce, vehicular traffic such that it becomes a nuisance or a hazard?

         (c)   If the business uses, produces or stores hazardous chemicals, as defined in UCA § 19-6-302, has a plan been presented which addresses how such chemicals will be used, produced or stored, and is said plan in compliance with all relevant federal, state and local ordinances regarding chemicals?

   (C)   The following uses shall not constitute home occupations and shall not be allowed in any residential or agricultural zone:

      (1)   Any business which requires more than five employees who do not reside at the residence to report to the residence.

      (2)   On lots less than one acre, any business which involves the repair, service, inspection or any type of work on any type of vehicle, motorcycle, automobile or off-highway vehicle, as defined in UCA § 41-1a-102.

      (3)   Any activity that violates existing or criminal codes of West Haven, the State of Utah or the U.S. Government.

      (4)   Short-term boutiques or group garage sales of personal used items held more than once every three months.

   (D)   On lots greater than one acre, any business which involves the repair, service, inspection or any type of work on any type of vehicle, motorcycle, automobile, or off-highway vehicle, as defined in UCA § 41-1a-102, may be allowed in residential or agricultural zones, but must comply with the following conditions, along with any other conditions that the Planning Commission feels are necessary based on the circumstances:

      (1)   Only three cars which are not registered to the homeowner may be parked or stored on the premises at any time.

      (2)   Any vehicles, motorcycles or cars must have work actively being performed on it and shall not remain on the premises longer than 30 days unless it is stored inside an outbuilding.

      (3)   The three allowed cars shall be parked in a garage or outbuilding or on a non-permeable surface on the property.

      (4)   Any on-street parking must comply with West Haven Zoning Code.

      (5)   The property must be enclosed with a six foot privacy fence which complies with the West Haven fencing regulations, and all business, including the parking and storage of vehicles, motorcycles, automobiles or off-highway vehicles, must be conducted and contained behind the fence.

   (E)   Regardless of lot size, no home occupation shall be allowed which involves the sale of vehicles, motorcycles, automobiles, or off-highway vehicles, as defined in UCA § 41-1a-102, regardless of whether such requires a dealer's license, as defined by the State of Utah Tax Commission.

   (F)   Agricultural farming does not require a home occupation business license.

   (G)   Home occupations shall be required to pay for an annual business license. Approval of the home occupation shall be deemed null and void if the licensee fails to renew the business license, moves from the residence or ceases to operate the home occupation for a period of 12 consecutive months.

(Prior Code, § 64.04) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022) Penalty, see § 157.999

   All home occupations, whether permitted or conditional, shall meet all of the following conditions and requirements:

   (A)   The occupation shall allow the residence to retain the general character and appearance of the residential dwelling.

   (B)   The portion of the home occupation shall remain secondary to the residential use of the dwelling.

   (C)   The business shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (D)   Regardless of the business, any homeowner seeking a license for a second home occupation shall be required to obtain approval from the Planning Commission.

   (E)   All business-related vehicles must be parked behind the front plane of the home, in a garage or on a non-permeable surface and not on the street.

   (F)   Any signs related to the home occupation shall comply with the West Haven City sign ordinance.

(Prior Code, § 64.06) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022)

   Annual license fees shall be assessed and paid in accordance with the West Haven City fee schedule. If the license has not been renewed prior to or within 60 days of expiration, the license will be terminated and all conditional uses granted will be forfeited, including grandfathered conditional uses.

(Prior Code, § 64.08) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022)