Chapter 10.35 HOME OCCUPATIONS AND TEMPORARY COMMERCIAL USES

Chapter 10.35
HOME OCCUPATIONS AND TEMPORARY COMMERCIAL USES¹

Sections:

10.35.010 Purpose.

The purpose of this chapter is to establish standards for regulating the time, place, and manner in which temporary, seasonal, and home occupation uses may occur. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Code 1971 § 10-7-010.]

10.35.020 License required.

Unless otherwise qualified as exempt per Section 10-1-203, Utah Code Annotated 1953, every person, partnership and corporation engaged in business in Syracuse City is subject to the provisions of SCC Title 5 and shall secure a business license from the Syracuse City Business License Official. It shall be unlawful for any person to continue doing business within the corporate limits of Syracuse City after a previously issued business license has expired, been suspended or revoked without renewing said license and paying any applicable fees and penalties (see SCC Title 5, Business Regulations). [Ord. 22-32 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Code 1971 § 10-7-020.]

10.35.030 Application and fee.

Application and fees for business licenses shall be in accordance to SCC Title 5, Business Regulations. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Code 1971 § 10-7-030.]

10.35.040 Home occupations.

(A) Purpose. The purpose for home occupations is to encourage the conducting of the majority of business activities within the appropriate commercial zones while allowing business activities within residences on a limited basis if such activities comply with the standards of this section. Home occupations are a conditional use that the Land Use Authority can revoke or modify upon a determination that the home occupation disrupts the residential neighborhood.

(B) A proposed home occupation that cannot meet the requirements of either a minor, major A or major B home occupation is prohibited.

(1) All home occupations shall be secondary and incidental to the residential use. The occupants shall conduct such business so that neighbors, under normal conditions, would not be aware the business exists.

(2) The appearance of the structure shall not be altered in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, or vibrations.

(3) The home occupation may store inventory or supplies within the garage or an accessory building as long as the garage still functions for parking as many vehicles as specified at the time of construction. The home occupation shall not store outside any type of material used for the business.

(4) No display of merchandise shall be visible from the street or neighboring properties.

(5) Residents may have one occupational vehicle associated with the home occupation, that does not exceed 10,000 pounds gross vehicle weight.

(6) A home occupation shall not store explosive or highly combustible materials anywhere on the premises. The home occupation shall not unreasonably disturb the peace and quiet of the neighborhood, including but not limited to interference of radio, television, or other electronic reception, by reason of design, materials, construction, lighting, odor, dust, sounds, noise, vibrations, vehicles, parking, and general operation of the business.

(7) Home occupations shall not hold garage, basement, yard, or other similar sales more than four times each year, and each sale shall not last more than 72 hours.

(8) There shall be complete conformity with all City and state codes including fire, building, plumbing, electrical and health codes, and business license regulations. Appropriate departments will conduct inspections required by these codes.

(9) 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.

(10) The home occupation shall not involve the installation of any equipment, fixtures, plumbing, or electrical wiring that is incompatible with a residential area by reason of excessive noise, utility usage, waste production or broadcast interruption, etc.

(11) The Land Use Authority may review and revoke any home occupation license upon a finding of noncompliance with this section. Inspections by the City may occur as necessary to assure conformance with these regulations.

(12) A person with a disability may request reasonable accommodations pursuant to SCC 10.20.115.

(13) The City may place additional restrictions on a home occupation relating to hours of operation, parking, traffic, or other matters as it deems necessary to mitigate impacts on the neighborhood and the City in general.

(14) A permit for a home occupation is valid for only the original applicant and is not transferable to another location. Upon termination of the applicant’s residency, the home occupation permit shall become null and void.

(15) The Business License Official may, after review of a home occupation application or established home occupation use, classify such application into the correct licensing category. The Land Use Administrator may refer a home occupation application to the Planning Commission for the consideration of additional conditions necessary to mitigate potential negative impacts on surrounding property owners.

(16) Unless otherwise specified, home occupation businesses are minor home occupations.

(D) Minor Home Occupations. Minor Home Occupations that qualify as exempt per Section 10-1-203, Utah Code Annotated, and do not require conditional use approval are permitted in all residential zones.

The following regulations shall apply to all minor home occupations:

(1) The use shall be conducted entirely within the dwelling by the inhabitants thereof and no others.

(2) No more than 300 square feet, or 20 percent of the gross floor area of the dwelling, may be used for the home occupation. (The least restrictive shall apply.)

(3) The home occupation shall not involve the use of any yard space or activity outside the residence, except where the use or activity is of the type customarily found in the residential neighborhood and where said use or activity does not adversely impact the residential nature of the neighborhood.

(4) There shall be no advertising, display, or other indications of a home occupation on the premises.

(5) There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products on display; provided, that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.

(6) The home occupation shall not create greater vehicle or pedestrian traffic than normal for the zone district in which it is located. The use shall not require additional off-street parking.

(7) The use shall not require deliveries from commercial suppliers to the minor home occupation nor deliveries from the home occupation aside from deliveries typically delivered for residential uses.

(8) Minor home occupations include, but are not limited to, the following:

(a) Advertisement services.

(b) Artists, authors, architectural services.

(d) Direct sales distribution.

(e) Data processing, computer programming.

(f) Home crafts for off-site or online sales.

(g) Insurance sales or broker.

(h) Interior design.

(i) Janitorial.

(j) Mail order (not including retail sales from site).

(k) Real estate sales.

(l) Sales representative.

(m) Telephone solicitation work.

(E) Major Home Occupation A. A major home occupation A shall include any business within a residential zone that meets the standards listed in subsection (B) of this section but cannot meet the requirements of subsection (D) of this section. A major home occupation A requires additional conditions of approval imposed by the Land Use Authority to mitigate the increased impact of such home occupations on the surrounding property owners.

The following regulations shall apply to all major home occupations A:

(1) The use shall be conducted entirely within the dwelling by the inhabitants thereof and not more than one employee shall be on the site.

(2) The home occupation shall limit the number of vehicles for employee parking to one, other than those living in the dwelling, to come to work at the home or to park vehicles at the home to go to a job site. The home occupation must provide one dedicated off-street parking space for an employee vehicle. No parking is allowed on the street in front of neighboring properties.

(3) The area of the home devoted to the home occupation including storage of stock in trade shall not occupy more than 30 percent of the area of any one floor. Childcare may use 70 percent of the home.

(4) The home occupation, including studios or rooms for instruction, shall provide additional off-street visitor parking area reasonably adequate to accommodate needs created by the home occupation of not less than one parking space for each 200 square feet of floor area devoted to the home occupation.

(5) The home occupation shall generate no greater vehicular traffic or parking than commonly associated with the neighborhood wherein the applicant(s) will conduct business, i.e., heavy trucks, delivery, or similar vehicles, etc.

(6) Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

(7) Residents may have one occupational vehicle and trailer, associated with the home occupation, that does not exceed 10,000 pounds gross vehicle weight. Occupational vehicles, trucks, and trailers may be allowed on site, provided they park said vehicles: off the street, not within the front yard; on gravel, concrete, or asphalt; and not on any street adjacent to or near their premises.

(a) Business owners may not intentionally station, position, or park an occupational vehicle or trailer in any manner on private property so as to advertise, promote, or draw attention to products, services, events, or other similar purposes at the homeowner’s residence while parked thereon.

(8) Signs must comply with the regulations as permitted in SCC 10.45.050. This code allows a total of two signs not to exceed four square feet each, as either a window and/or on-premises permanent sign.

(9) The home occupation may include the sale of commodities, including the retail sale of products and services at the home with a maximum of two customers per hour. The business owner may increase the number of customers or patrons approved to come to the home per hour by providing the Land Use Administrator proof of sufficient off-street parking and ensuring the home occupation does not adversely affect the neighborhood.

(10) Major home occupation A includes the following uses and uses substantially similar to them:

(a) Barber/beauty salons: only one customer shall be permitted at any point in time and must be a scheduled appointment; no walk-in business shall be permitted.

(b) Carpet or upholstery cleaning.

(d) Ceramics (kilns smaller than six cubic feet).

(e) Contractors that have equipment such as a truck or trailer stored at the home.

(f) Cosmetology and nail salons: only one customer shall be permitted at any point in time and must be a scheduled appointment; no walk-in business shall be permitted.

(g) Day care, where the number of children is eight or fewer with the ability to add two additional school-age children (five to 12 years old) pursuant to DHHS rule with one employee present. All day care home occupations and applicants shall be certified as a licensed family or residential child care provider by the Utah Department of Health and Human Services Child Care Licensing.

(i) All individuals shall present the Business License Official proof of Utah Department of Health and Human Services Child Care Certification.

(ii) All day care home occupations shall have a back yard. The entire yard, or minimum outside area required by the State Social Services, shall be enclosed by a well-maintained fence no less than six feet high.

(iii) The hours of operation for the outdoor play area shall not exceed 8:00 a.m. to 8:00 p.m.

(iv) Employees shall not park on the street.

(h) Massage therapy: only one customer shall be permitted at any point in time and must be a scheduled appointment; no walk-in business shall be permitted.

(i) Organized instructional classes (dance, gymnastics, tutoring, music, etc.): instruction not to exceed six students at a time.

(i) An application for an instructional home occupation must be accompanied by a description of the business including hours of operation, number of instructors, length and number of sessions, number of students per session, and a plan to handle traffic generated by the business.

(ii) Instruction sessions shall have a minimum of 15 minutes between scheduled sessions to reduce pick-up and drop-off vehicle congestion.

(j) Photo developing, photo studios.

(k) Pest or weed control service.

(l) Plant nurseries.

(m) Preschools, where the number of sessions is less than four times per week with a maximum of six students per session.

(i) Employees shall not park on the street.

(ii) Home preschools shall have back yards fully enclosed with secure fencing.

(n) Small engine repairs (excluding automobiles, motorcycles, and snowmobiles).

(o) Minor woodworking.

(F) Major Home Occupation B. A conditional use permit is required to conduct a major home occupation B. It shall include any business within a residential zone that meets the standards listed in subsection (B) of this section, but cannot meet the conditions of subsection (D) or (E) of this section. Additional conditions of approval may be imposed by the Planning Commission to mitigate their negative impact on the community.

Major home occupations B shall be conditional uses in all residential zones due to the potential increase in the impact of a business as allowed by the following:

(1) The use shall be conducted entirely within a structure by the inhabitants thereof and not more than two instructors or employees may work at any given time.

(2) The home occupation shall limit the number of vehicles for employee parking to two other than those living in the dwelling, to come to work at the home or to park vehicles at the home to go to a job site. The home occupation must provide two dedicated off-street parking spaces for the employees’ vehicles. Employees shall not park on the street in front of adjacent private property.

(3) The area of the home devoted to the home occupation, including storage of stock in trade, shall not occupy more than 30 percent of the area of any one floor.

(4) A larger percentage of the home or an accessory building may be used for the home occupation under conditions recommended by the Planning Commission. The use of an accessory structure or an attached or detached garage, or yard space, for a home occupation may be considered as a conditional use only under the following conditions:

(a) The Planning Commission finds that the proposed home occupation will be clearly accessory and subordinate to the principal use of the property for dwelling purposes; and

(b) The Planning Commission finds that the proposed home occupation will not adversely affect the residential nature and aesthetic quality of the neighborhood; and

(c) Any off-street parking displaced by the home occupation is relocated elsewhere on the lot or parcel in compliance with setback standards for the zoning in which the property is located; and

(d) The Planning Commission may impose any conditions it deems necessary to mitigate nuisance impacts of the home occupation on the neighborhood such as noise, light, pollution and extended traffic congestion.

(5) The home occupation, including studios or rooms for instruction, shall provide additional off-street visitor parking area reasonably adequate to accommodate needs created by the home occupation of not less than one parking space for each 200 square feet of floor area devoted to the home occupation.

(6) Instruction sessions shall have a minimum of 15 minutes between scheduled sessions to reduce pick-up and drop-off vehicle congestion. The Planning Commission may in consideration of the conditional use approval require additional time between sessions.

(7) Deliveries from commercial suppliers may not be made more than twice per week, and the deliveries shall not restrict traffic circulation.

(8) Residents may keep on site two occupational vehicles and a trailer, associated with the home occupation, that do not exceed 20,000 pounds gross vehicle weight provided they park said vehicles off the street. Parking of the commercial vehicle shall occur on the side or in the rear of the home.

(9) Major home occupations B may include, but not necessarily be limited to, the following:

(a) Adult day care where the number of adults receiving care at the residence is limited to six at a time. The following standards shall apply:

(i) The adult day care must be operated by a person who resides in the single-family dwelling.

(ii) The adult day care must be licensed by the state of Utah and continuously maintain a current license with the state as outlined in the Utah State Administrative Code R501-13.

(iii) An adult day care participant, who is not mentally or physically capable of negotiating a normal path to safety, shall count as three persons. The City may request a statement from a physician that a participant is mentally and physically capable of negotiating a normal path to safety.

(iv) When assistive devices or aids are necessary for an adult day care participant to negotiate a normal path to safety, the adult day care shall be compliant with the Americans with Disabilities Act Accessibility Code.

(v) An off-street, unobstructed, paved parking area for the pick up and drop off of adults must be provided.

(vi) The rear yard shall be fully enclosed with a secure fence at least 60 inches in height.

(b) Child day care, where the number of children is greater than eight (not including the two additional school-age children (five to 12 years old) allowed by DHHS rule) and no more than 16 children (including any natural, adopted or foster members of the operator’s household) are cared for. All day care home occupations and applicants shall be certified as a licensed family or residential child care provider by the Utah Department of Health and Human Services Office of Child Care Licensing. A second employee is required to be at the home during day care hours.

(i) All individuals shall present the Business License Official proof of Utah Department of Health and Human Services Child Care Certification.

(iii) The hours of operation for the outdoor play area shall not exceed 8:00 a.m. to 8:00 p.m.

(iv) Employees shall not park on the street.

(i) Employees shall not park on the street.

(ii) Home preschools shall have back yards fully enclosed with secure fencing.

(d) Class instruction where the number of students exceeds six at a time.

(ii) Instructional home occupations may include the following, but are not necessarily limited to the following:

A. Dance lessons;

B. Gymnastics;

C. Group music lessons;

D. Swimming lessons;

E. Tutoring classes.

(10) A home occupation that cannot meet the requirements of subsections (B) and either (D), (E), or (F) of this section is prohibited.

(11) The following uses, by the nature of the investment or operation, have a pronounced tendency once started to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes and are more suited to professional or business districts. Therefore, the uses specified below shall not be permitted as home occupations:

(a) Minor or major auto repair, painting of vehicles, trailers, or boats;

(b) Funeral chapel or home;

(d) Medical or dental clinic;

(e) Welding or machine shops;

(f) Appliance repair (large);

(g) Adult care more than six adults;

(h) Day care over 16 children; and

(i) Preschools more than 12 students. [Ord. 24-12 § 1; Ord. 22-32 § 1 (Exh. A); Ord. 21-30 § 1 (Exh. A); Ord. 19-13 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Code 1971 § 10-7-040.]

10.35.050 Temporary commercial uses.

(A) Purpose. The enactment of this section is to accommodate certain uses that are temporary or seasonal in nature. Subject to the provisions of this section, the Land Use Administrator or designee may issue a temporary business license for the time period designated for each use, subject to the findings that the commercial use is not a health or safety hazard and conforms to relevant portions of all Syracuse City ordinances.

(B) Application and Review. The procedure for applying for a temporary business license shall be as follows:

(1) Submission of a completed temporary business license application and applicable fee, along with the following:

(a) Site plan drawing with dimensions and locations of any existing structures on the property as well as property dimensions and setbacks, all existing driveways, landscaping, and parking stalls associated with the site;

(b) Written authorization from property owner;

(d) Explanation of sanitary facilities to service the site;

(e) Bonding/insurance requirements if applicable; and

(f) Any other required information as requested by the Land Use Administrator.

(2) The Land Use Administrator shall review the temporary use permit application for compliance with general standards and applicable regulations set forth in subsections (C) and (D) of this section and shall approve, conditionally approve, or deny the application within 10 working days.

(3) Any person aggrieved or affected by a decision of the Land Use Administrator in denying a temporary business license may appeal to the Planning Commission in writing within 10 days after receiving notice of the decision. The decision of the Planning Commission shall be final.

(1) The applicant shall locate, operate, and maintain the use in a manner consistent with the policies of the general plan and all applicable provisions of City ordinances and state law.

(2) The proposed site shall be adequate in size and shape to accommodate the use.

(3) The proposed site shall be adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic the use could reasonably generate.

(4) The proposed site, or compliant alternate off site, shall provide adequate parking to accommodate vehicular traffic anticipated by the use.

(5) The operation of the use at its proposed location during the requested time period shall not jeopardize, endanger, or otherwise constitute a menace to public health, safety, or general welfare.

(6) The applicant shall not make any permanent alterations to the site without the required approvals.

(7) Applicants shall not install permanent signs and shall remove all approved temporary signs associated with the use at the conclusion of said use.

(8) None of the regulations in this section shall exempt the applicant or operator from any other required permits, such as health department permits.

(9) The applicant shall ensure clean-up and necessary restoration work in a timely manner, returning the proposed site to the original condition upon completion of the temporary use.

(10) Nothing in this section shall prohibit City sponsored seasonal events, which could be considered temporary commercial uses, if they receive approval by the City Council.

(D) Specific Regulations.

(1) Christmas Tree Sales Lots. Allowed in all professional office, commercial, and industrial zones, the display of Christmas trees need not comply with setback requirements of said zones. However, licensees shall not locate any tree within clear-view areas. The temporary business license shall be valid for a 45-day time period.

(2) Fireworks Sales. Allowed in any professional office, commercial, or industrial zone from temporary stands or trailers, the sale of fireworks shall be subject to the requirements of SCC Title 7, Fire and Hazardous Materials.

(3) Fast Food Huts. Temporary uses in structures less than 100 square feet for the retail sale of food items, such as shaved ice, snow cones, hot dogs, tacos, soft drinks, etc., shall be allowed in any zone where fast food establishments are a permitted use and in City parks. The temporary business license shall be valid for six months. These temporary uses selling items for human consumption on site shall be subject to all Health Department regulations.

(4) Garage, Yard, House, or Apartment Sales. Allowed in all zones, as a permitted use, without a temporary business license, property owners shall limit events to three consecutive days and no more than four events from the same property in any 12-month period. If located within a commercial zone, the event organizer shall provide the City with written authorization from property owner and acquire written approval from the Land Use Administrator or designee.

(5) Large-Scale Special Events, Such as Carnivals, Concerts, and Circuses, Including but Not Limited to Outdoor Entertainment and Similar Events. Allowed in all zones, such events may be ongoing on any single property for up to a maximum of 30 days within a calendar year, with no more than three nonconsecutive separate events up to a maximum of 15 days per each event. In authorizing an application for a large-scale event, the Land Use Administrator or designee shall include as conditions of approval the following minimum provisions:

(a) Applicant shall limit the use to the dates and times, nature, and extent prescribed by the Land Use Administrator.

(b) Applicant shall provide for fire protection and emergency vehicle access as prescribed by the Fire Chief.

(c) Applicant shall provide adequate numbers of trash receptacles on site, have them emptied at reasonable intervals at applicant’s expense, and clean and restore event site to its original condition, or better, at the conclusion of the approved time period.

(d) Applicant shall observe all applicable laws and ordinances, including but not limited to the construction, equipment used, plumbing, mechanical, electrical, and all other respects.

(e) Operators of any temporary food concessions shall also acquire applicable licenses and permits from the Davis County health department pursuant to local ordinances and state laws.

(f) Applicant shall provide access to adequate sanitary and medical facilities for all on-duty personnel.

(g) Applicant shall obtain and secure liability insurance to cover all activities prior to issuance of a temporary business license.

(h) Applicant shall comply with all additional limitations or conditions as required by the Land Use Administrator.

(i) Applicant may request a one-time 30-day extension subject to approval of Land Use Administrator or designee.

(6) Outdoor Traveling Retail Sales, Such as Sales of Tools, Housewares, Rugs, Toys, Spas, or Other Manufactured Goods along with Retail Services. Allowed in all professional office, commercial, and industrial zones, such events may last up to a maximum of 30 days, including set up and take down of facilities.

(7) Sale of Motorized Vehicles. Allowed in any professional office, commercial, and industrial zones where auto sales are a permitted use, applicants shall limit such sales events to no more than three per calendar year that last no more than three consecutive days each at any location.

(8) Seasonal Produce Sales. Property owners may operate such sales in all zones as a permitted use without a temporary business license from June through October, subject to compliance with all other requirements of City ordinances. [Ord. 22-32 § 1 (Exh. A); Ord. 11-10 § 2; Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-7-050.]

Prior legislation: Ords. 02-05, 06-17 and 06-27.