Chapter 10.35
HOME OCCUPATIONS AND TEMPORARY COMMERCIAL USES1

Sections:

10.35.010    Purpose.

10.35.020    License required.

10.35.030    Application and fee.

10.35.040    Home occupation.

10.35.050    Temporary commercial uses.

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 provided, it shall be unlawful for any person to engage in any business within the corporate limits of Syracuse City without first having obtained a business license (see SCC Title 5, Business Regulations). [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 occupation.

(A) Purpose. The purpose for home occupations is to encourage the conducting of the majority of business activities within the more appropriate commercial zones while allowing business activities within residences on a limited basis if such activities comply with the standards of this section. All home occupations shall be secondary and incidental to the residential use. The occupants should conduct such businesses so that neighbors, under normal conditions, would not be aware such businesses exist. Home occupations are a temporary privilege that the Land Use Authority can revoke upon a determination that the home occupation disrupts the residential neighborhood.

(B) Standards. The following restrictions shall apply to any home occupation:

(1) A home occupation shall not be permitted if it changes the outside appearance of the dwelling. No modifications shall be made to expressly accommodate the commercial use in the home.

(2) The home occupation may include the sale of commodities; however, the business should deliver products to customers. The occupation may also include 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 sufficient off-street parking and ensuring the home occupation does not adversely affect the neighborhood.

(3) The area of the home devoted to the home occupation and/or storage of stock in trade shall not occupy more than 30 percent of the area of any one floor. Child care may use a larger percentage of the home.

(4) 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.

(5) 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.

(6) No display of merchandise or advertising shall be visible from the street or neighboring properties, except as permitted in SCC 10.45.050.

(7) Residents may have one occupational vehicle and trailer, associated with the home occupation, that does not exceed 10,000 pounds gross vehicle weight for minor home occupations and 20,000 pounds gross vehicle weight for major home occupations. If the parcel on which the major home occupation is located is both over one-half acre in size and located along a major collector or arterial road, residents may have up to three occupational vehicles and trailers not exceeding 20,000 pounds gross vehicle weight each and only after the Planning Commission has determined that the additional vehicles can be accommodated on site in conformance with the text of this section. 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. 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) 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. One additional dedicated off-street parking space for each employee vehicle shall be provided. Employees shall not park on the street in front of adjacent private property.

(9) 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.

(10) A home occupation shall not store explosive or 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.

(11) Home occupations shall not hold promotional meetings, for the purpose of selling merchandise or taking orders, more than once per month.

(12) 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.

(13) 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 any periodic inspections required by these codes.

(14) 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.

(15) 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.

(16) 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.

(17) Disabled individuals can obtain a waiver through the Land Use Administrator to allow such persons to become self-sufficient.

(18) 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.

(19) A permit for a home occupation is valid for only the original applicant and is not transferable to any resident, address, or any other occupation. Upon termination of the applicant’s residency, the home occupation permit shall become null and void.

(C) Minor Home Occupations. This section shall deem businesses conducted on residential properties, which meet the standards outlined above, as minor home occupations. The Land Use Administrator shall review and approve all minor home occupations. The Land Use Administrator may refer a home occupation application to the Planning Commission for the imposition of additional requirements as deemed necessary in order to mitigate potential negative impacts on surrounding property owners. Minor home occupations shall include, but not be limited to, the following:

(1) Advertisement services.

(2) Artists, authors, architectural services.

(3) Barber shops and beauty shops.

(4) Consulting services, craft sales.

(5) Dance studio, aerobic exercise, music lessons, tutoring.

(6) Day care, where the number of children equals eight or less.

(7) Direct sales distribution.

(8) Data processing, computer programming.

(9) Garden produce.

(10) Health and fitness (such as personal trainers, diet and weight loss supplements).

(11) Home crafts.

(12) Insurance sales or broker, interior design.

(13) Janitorial.

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

(15) Preschool, where the number of sessions equals four or less.

(16) Real estate sales or broker.

(17) Sales representative.

(18) Swimming lessons.

(D) Major Home Occupations.

(1) The definition of a major home occupation shall include any business within a residential zone that meets the standards listed in subsection (B) of this section but requires additional conditions of approval imposed by the Land Use Authority, as provided herein, to mitigate the increased impact of such home occupations on the surrounding property owners.

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

(a) A larger commercial vehicle, not exceeding 20,000 pounds, may be used, provided it is parked on private property and adequately screened. Parking of the commercial vehicle shall occur on the side or in the rear of the home.

(b) Day care, where the number of children is greater than eight and a second employee is required at the home.

(c) Preschools, where the number of sessions is greater than four per week.

(d) 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:

(i) 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

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

(iii) 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

(iv) The Planning Commission may impose any conditions it deems necessary to mitigate impacts of the home occupation on the neighborhood.

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

(a) Any use allowed as a minor home occupation that is requiring additional conditions of approval as shown in subsection (D)(1) of this section.

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

(c) Woodworking.

(d) Pest or weed control service.

(3) 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;

(c) Gift shops;

(d) Medical or dental clinic;

(e) Welding or machine shops; and

(f) Appliance repair (large).

(E) Child day care home occupations shall limit the number of children at the residence to eight unless a second adult works for the home occupation, in which case the day care shall limit the number of children at the residence to 16.

(1) All day care home occupations shall have a back yard fully enclosed with a secure fence.

(2) All day care home occupations shall acquire a license from the Utah Department of Health, Bureau of Licensing Requirements.

(3) Any person residing within the dwelling or employed from out of the dwelling shall not have a conviction of any crime, identified in Section 77-27-21.5(1)(e)(i), Utah Code Annotated 1953, or any other sexual crime against another person. Employees and everyone 18 years of age or older in the household shall provide a criminal background clearance through the Utah Bureau of Criminal Investigation prior to any contact with the children attending such day cares.

(F) Adult day care home occupations shall limit the number of adults at the residence to six at only one time. The following standards shall apply:

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

(2) 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.

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

(4) 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 handicap accessible.

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

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

(G) Preschool Home Occupations. Home preschools shall have back yards fully enclosed with secure fencing and shall limit the number of students to 16 children per session. [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;

(c) Proposed signage associated with the use in conformance with Chapter 10.45 SCC;

(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 and according to SCC 10.20.120. The decision of the Planning Commission shall be final.

(C) General Standards. All temporary commercial uses shall meet the following requirements:

(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. 11-10 § 2; Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-7-050.]


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