Division IV. Special Use Development Standards and Regulations
Chapter 17.65
HOME BUSINESSES
Sections:
17.65.010 What this chapter does.
17.65.030 Business license required.
17.65.060 Generally applicable standards for all home businesses.
17.65.070 Prohibited home businesses.
17.65.090 Day cares and preschools.
17.65.110 Renewal of business license.
17.65.010 What this chapter does.
This chapter establishes approval criteria and outlines processing procedures for home businesses. In cases of conflict with EMMC Title 5, Business Licenses and Regulations, this chapter shall govern all home businesses. On issues where this chapter is silent, EMMC Title 5, Business Licenses and Regulations, shall govern. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.1); Ord. O-02-2006 § 3 (Exh. 1 § 13.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.1)].
17.65.020 Purpose.
Home-based enterprises are encouraged as a desirable form of local economic development. Home businesses may be allowed in single-family dwellings only if the proposed use is secondary to the primary residential use of the property and does not adversely impact surrounding residents or affect the residential characteristics of the neighborhood, or significantly increase traffic or the demand on utilities. Residents of multifamily dwellings may have home offices or day cares approved. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.2); Ord. O-02-2006 § 3 (Exh. 1 § 13.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.2)].
17.65.030 Business license required.
All persons within the limits of Eagle Mountain City who engage in, carry on, or operate a business from a residence shall obtain the appropriate business license from the city, unless exempted through state or federal laws. Personal services rendered at home by an employee for his or her employer under any contract of personal employment do not constitute a home business. Home businesses shall be a permitted use in the residential zone if found to be in compliance with all criteria enumerated in this chapter. The license official, or designee, may approve a home business license with conditions to ensure compatibility between the proposed business and the residential use of the property or adjacent properties. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.3); Ord. O-02-2006 § 3 (Exh. 1 § 13.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.3)].
17.65.040 Application.
An application for a home business license shall be completed by the applicant on forms approved by the license official. No home business license shall be processed without the application, supporting materials, and the fee required by the current consolidated fee schedule. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The home business license application shall be submitted with the materials required herein. The license official or designee may determine and require that additional items not listed herein be submitted in order to evaluate the home business application.
1. Professional Licenses and Background Checks. If applicable, the applicant shall submit a photocopy of professional licenses related to the home business. The planning department will inform applicants if a professional license is required. When a background check is required by the application, the applicant shall provide the information on the authorization for a background check form included in the home business application packet. The applicant is responsible to pay the fee required by the current consolidated fee schedule.
2. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full with submittal of an application. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.4); Ord. O-02-2006 § 3 (Exh. 1 § 13.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.4)].
17.65.050 Approval process.
Home business licenses shall be approved by the license official, or designee. Any petition for a minor exception from the standards listed in EMMC 17.65.060(A) through (F) may be approved administratively at the discretion of the license official if the exception does not adversely impact surrounding residents or affect the residential characteristics of the neighborhood, or significantly increase traffic or the demand on utilities. Any other petition for an exception from the standards in this chapter requires approval by the planning commission before the license may be issued or renewed. In addition, any home business currently in operation that constitutes a nuisance may also be required to go before the planning commission for continued use of the license and operation of the business. If the planning commission denies the continued use of the license, the license shall not be renewed. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.5); Ord. O-02-2006 § 3 (Exh. 1 § 13.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.5)].
17.65.060 Generally applicable standards for all home businesses.
All home businesses shall be in compliance with the following criteria to ensure that the residential characteristics of neighborhoods are preserved and that utilities and infrastructure are not overburdened. Home businesses are to be clearly incidental and secondary to the residential use of the property. All home businesses are allowed as permitted uses, contingent on complying with the following requirements. Licenses may be reviewed periodically as needed and may be revoked if the approval requirements are violated. The approval criteria include:
A. Floor Area. A home business shall not occupy more than one-third of the total floor area of dwellings. Exception may be granted for day cares, preschools, and businesses that offer instruction classes.
B. Employees. Home businesses shall have no more than one on-premises employee who is not a member of the resident family or household.
C. Parking. Home businesses shall provide adequate parking (which may include both on-street and off-street parking) to be determined by the license official, or designee. Home businesses located within residential developments with limited visitor parking (such as townhome or condominium areas) shall not be permitted to generate additional traffic which causes clients or customers to park.
D. Outdoor Storage. Outdoor storage associated with a home business shall be subject to the same performance standards governing other outdoor storage on residential lots.
E. Outdoor Activity. All home business activity, except passive storage, shall be carried out within the home or an accessory building and shall not be observable by the general public or from the street in front of the residence, unless specifically approved in the home business license for such activities as outdoor play time for preschools or day care centers. Garage doors shall remain closed while business activity is conducted therein.
F. Hours of Operation. Home businesses that receive customers, clients, or students shall operate only between 7:00 a.m. and 9:00 p.m. Approval for such hours may be rescinded by the license official, or designee, if the operation of the business at such hours constitutes a nuisance.
G. Hazardous Materials. No home business shall use hazardous materials or generate hazardous wastes that increase the danger of fire or cause fumes or odors that may constitute a nuisance or pose a danger to neighboring residents. Home businesses are subject to inspection for compliance with the International Fire Code.
H. Noise and Light. All home businesses shall comply with Chapter 8.15 EMMC, Noise. Home businesses are prohibited from generating or projecting light that is objectionable or potentially harmful to other residents.
I. Exterior Appearance. No home business shall alter the exterior of the home to differ from the residential use of colors, materials, construction or lighting. The property from which a home business is conducted must be in full compliance with all other city laws, codes and ordinances.
J. Retail Sales. Home businesses are not to be established solely for the sale of merchandise (except for greenhouses or Internet- and mail-order-based home businesses). Service-related home businesses may conduct incidental retail sales; provided, that the sales do not increase traffic.
K. Traffic Generation. Traffic generation for home businesses shall not exceed 12 clients per hour and 24 per day.
L. Multiple Home Business Licenses. More than one home business license may be issued for a residence; provided, that the home businesses or the accumulative effects of the home businesses do not violate the approval criteria.
M. Building Codes. Fire inspections are required for day care providers, preschools, hair salons and other home businesses that the fire chief determines present elevated potential health and safety concerns. In these cases, the home business shall be conducted in areas of a home where the building department has issued a permit and performed the building inspections. All home businesses shall comply with the standards and requirements of the International Building Code or the International Residential Code and any requirements the chief building official and/or fire chief deem necessary to protect the health, safety, and welfare of the public.
N. Long-Term Storage. Long-term storage shall be permitted as a conditional use in agriculture, RA1, and RA2 zone developments under the following circumstances:
1. Minimum lot size: two and one-half acres.
2. All storage must be within a legal permitted enclosed structure that maintains the aesthetic qualities of the primary use of the property and the surrounding area.
3. Use must remain secondary to primary residential use of property.
4. The community development director or his/her designee may limit hours of operation and/or total number of clients if necessary to protect the character of the neighborhood. [Ord. O-12-2023 § 2 (Exh. A); Ord. O-36-2020 § 2 (Exh. A); Ord. O-26-2018 § 2 (Exh. A); Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.6); Ord. O-02-2006 § 3 (Exh. 1 § 13.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.6)].
17.65.070 Prohibited home businesses.
The following will not be permitted as a home business by the license official, or designee, or planning commission under any circumstances: automobile-related businesses such as auto repair, body, and painting; retail or wholesale sales that are not incidental to the home business (except for point of sale that is not conducted at the home); engine repair; metal fabrication or assembly shops; sexually oriented businesses; and health care businesses containing medical, hazardous, or biological waste (not including massage therapists, chiropractors, psychiatrists, or orthodontists). [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.7); Ord. O-04-2007 § 2 (Exh. A § 13.7); Ord. O-02-2006 § 3 (Exh. 1 § 13.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.7)].
17.65.080 Greenhouses.
The license official may approve a home business license for greenhouses with retail sales of products to the public if the property has sufficient acreage and off-street parking to accommodate the business. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.8); Ord. O-02-2006 § 3 (Exh. 1 § 13.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.8)].
17.65.090 Day cares and preschools.
The license official, or designee, may approve a home business license for day cares and preschools that are in compliance with the approval criteria of this chapter. Day cares and preschools will be treated as any other home business. Applicants for an in-home day care shall provide evidence of any mandatory state licenses. Any day care or preschool proposed to be established within a residence that does not have typical ground level access (i.e., the upper levels of condominiums, etc.) shall be required to comply with all ingress and egress standards determined by the International Fire Code. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.9); Ord. O-02-2006 § 3 (Exh. 1 § 13.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.9)].
17.65.100 Appeals.
Aggrieved applicants may appeal the decision of the license official, or designee, to the planning commission within 10 days of the announced decision. In all cases, the appeal board shall conduct a public hearing and review the application of the proposed business. The planning commission may approve, approve with conditions, or deny the application of the proposed home business.
Aggrieved applicants may appeal the decision of the planning commission to the city council within 10 days of the announced decision. In all cases, the appeal board shall conduct a public hearing and review the application of the proposed business. The city council may approve, approve with conditions, or deny the application of the proposed home business.
Aggrieved applicants of the city council’s decision may appeal to district court within 30 days of the announced decision. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.10); Ord. O-02-2006 § 3 (Exh. 1 § 13.10)].
17.65.110 Renewal of business license.
The license official or designee shall mail a statement to all licensees in the city 30 days prior to the expiration of the license held by the licensee. This statement shall identify steps needed to renew the business license. Failure to send out such notice, or the failure of the licensee to receive it, shall not excuse the licensee from the requirement to obtain a new license or a renewal of a license. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.11); Ord. O-02-2006 § 3 (Exh. 1 § 13.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.10)].
17.65.120 Noncompliance.
Home businesses that fail to maintain or that violate any approval criteria or conditions of approval that were contingent upon issuing the home business license may have the license revoked by the license official, designee or city council. Notice shall be given to the proprietor of the home business that they have 14 days to correct a violation before the permit is revoked. Persons aggrieved by the revocation of a permit by the license official, or designee, may use the appeal process to have their grievance heard. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.12); Ord. O-02-2006 § 3 (Exh. 1 § 13.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.11)].