Chapter 17.50
HOME OCCUPATIONS

Sections:

17.50.010    Purpose.

17.50.020    Minor home occupations.

17.50.030    Major home occupations.

17.50.040    Residential child day care.

17.50.050    Residential preschool.

17.50.060    General conditions.

17.50.070    Enforcement and revocation.

17.50.080    Penalties.

17.50.090    Youth enterprise.

17.50.010 Purpose.

The purpose of these provisions is to ensure that home occupations remain incidental and accessory uses within the dwelling or on the dwelling site and that any coincidental nuisance remains within the dwelling or on the dwelling site. Home occupations are a temporary privilege that can be revoked if disruption of the residential neighborhood occurs. [Code 2000 § 17-17-1].

17.50.020 Minor home occupations.

Uses classified as home occupations may be allowed by conditional use permit in all zones. The following regulations shall apply to all minor home occupations:

A. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.

B. No more than 300 square feet, or 20 percent of the gross floor area of the dwelling, may be used for home occupations. (The least restrictive shall apply.) Accessory buildings as allowed in the zone district may be used for home occupations as permitted. Home occupations shall occupy no more than five percent of the lot area.

C. There shall be no signs present on the property except for one wall sign, not to exceed two square feet, indicating the address and the occupant’s name, for example, “Joe Doe – Accountant.”

D. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products; provided, that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

E. There shall be no exterior storage on the premises of material used in the home occupation nor of any explosive material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, lighting, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

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

G. Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.

H. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than twice a year, and each sale shall not last more than two consecutive days.

I. The allowable number and size of vehicles and equipment used by the home occupation shall be as determined by the planning commission. Only one vehicle over 22 feet in length shall be used in home occupations. Vehicles over 22 feet in length including trailers shall not be parked on the street nor within a yard abutting a street.

J. Minor Home Occupation. Home occupations which meet the above standards shall be defined as minor home occupations, and shall be a permitted use in all zones. Business licenses may be issued upon receipt by the city recorder or designee, after review by the planning director, of an affidavit, sworn to by the applicant, stating that the applicant will conform to the above standards. Deviation from those standards may result in revocation of the home occupation business license privilege.

K. The use shall be conducted primarily within the dwelling site and carried on by the bona fide residents thereof and no others.

L. 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.

M. Minor home occupations include, but are not necessarily limited to, the following:

1. Artists, authors, architectural services;

2. Single-chair beauty parlors and barber shops;

3. Consulting services, craft sales;

4. Organized classes such as dance, music, tutoring, etc., provided the number of students is limited to two at a time;

5. Direct sales distribution;

6. Data processing, computer programming;

7. Home crafts, crafts will be sold off site;

8. Garden produce;

9. Janitorial;

10. Insurance sales or broker, interior design;

11. Mail order (not including retail sales from site);

12. Real estate sales or broker. [Code 2000 § 17-17-2a].

17.50.030 Major home occupations.

Uses classified as home occupations may be allowed by conditional use permit in all zones. The following regulations shall apply to all major home occupations:

A. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.

B. No more than 300 square feet or 20 percent of the gross floor area of the dwelling may be used for home occupations. (The least restrictive shall apply.) Accessory buildings as allowed in the zone district may be used for home occupations as permitted. Home occupations shall occupy no more than five percent of the lot area.

C. There shall be no signs present on the property except for one wall sign, not to exceed two square feet, indicating the address and the occupant’s name, for example, “Joe Doe – Accountant.”

D. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products; provided, that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

E. There shall not be exterior storage on the premises of material used in the home occupation nor of any explosive material. No activity shall be allowed which would interfere with radio or television transmissions in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

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

G. Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.

H. The allowable number and size of vehicles and equipment used by the home occupation shall be as determined by the planning commission. Only one vehicle over 22 feet in length shall be used in home occupations. Vehicles over 22 feet in length including trailers shall not be parked on the street nor within a yard abutting a street.

I. Major Home Occupation. Major home occupations are defined as home occupations which meet the standards listed above except as specifically modified by the planning commission. Major home occupations shall be conditional uses in all residential zones and may be allowed increases in intensity of the home occupation as allowed by the following:

1. The number of customers or patrons coming to the home per hour may be increased, provided sufficient off-street parking is provided and the use does not adversely affect the neighborhood.

2. Up to three commercial vehicles or trailers may be kept on site, provided they are parked on private property and adequately screened. One vehicle, larger than a one-ton, may be considered with adequate screened private parking.

3. A larger percentage of the home or an accessory building may be used for the home occupation under conditions recommended by the planning commission.

J. 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.

K. Preschool occupation must have a play area fenced from the street and a fire inspection performed to ensure the safety of the children.

L. Up to three employees may be employed on or report to the premises; provided, that adequate parking is provided on private property and screened from all abutting residential dwellings. Residential lots must be large enough to accommodate one parking space for each employee, and the parking area must not change the appearance of the dwelling or the neighborhood.

M. 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 are not ordinarily allowed as home occupations:

1. Minor or major auto repair, painting of vehicles, trailers, or boats;

2. Funeral chapel or home;

3. Gift shops;

4. Medical or dental clinic;

5. Welding or machine shops; and

6. Appliance repair (large). [Amended during 2008 recodification. Code 2000 § 17-17-2b].

17.50.040 Residential child day care.

Residential child care of not more than eight children may be allowed by conditional use permit in all zones. The following regulations shall apply to all residential child care:

A. The child care shall comply with all regulations of the state of Utah. A child care provider who cares for one to eight children shall obtain a State Residential Child Care Certificate. A child care provider who cares for nine or more children shall obtain a state license. More than eight children may be considered if a second adult is employed on the premises.

B. If a second adult is employed by the child care provider they shall submit to the city of West Point a background criminal investigation which was produced by a law enforcement agency. This employee must also receive professional training in first aid and cardiopulmonary resuscitation (CPR) and shall provide evidence of this training to the city.

C. Off-street parking shall be provided for the residents and employees as required by the planning commission.

D. Day care facilities must have a play area fenced from the street and a fire inspection performed to ensure the safety of the children. [Code 2000 § 17-17-3a].

17.50.050 Residential preschool.

Residential preschools may be allowed by conditional use permit in all zones. The following regulations shall apply to all residential preschools:

A. A preschool provider shall obtain and submit to the city of West Point a background criminal investigation which was produced by a law enforcement agency. A preschool provider shall receive professional training in first aid and cardiopulmonary resuscitation (CPR) and shall provide evidence of this training to the city prior to receiving a business license.

B. A preschool with only one employee shall have no more than eight children in a class. With an additional adult a preschool may have up to 12 children in a class. A preschool shall never have more than 12 children in a class.

C. If a second adult is employed by the preschool provider they shall submit to the city of West Point a background criminal investigation which was produced by a law enforcement agency.

D. A preschool class shall never exceed four hours and a preschool shall never have more than two classes each day. These classes must never overlap in timing.

E. Preschool facilities must have a play area fenced from the street and a fire inspection performed to ensure the safety of the children.

F. Off-street parking shall be provided for the residents and employees as required by the planning commission. [Code 2000 § 17-17-3b].

17.50.060 General conditions.

The following conditions shall apply to all home occupations:

A. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

B. The owner of the home occupation business must reside in the dwelling or be an immediate family member of the resident of the home, i.e., mother, father, son, daughter.

C. The use must be in compliance with all applicable state, county and city fire, building, plumbing, electrical, and health codes and/or ordinances.

D. The use must be inspected to determine continued compliance with the provisions of all state, county and city laws and/or ordinances.

E. The home occupation must be licensed as a valid business in West Point City.

F. Home occupation license fees shall be established from time to time by the city council by resolution. All annual license fees shall be due and payable before the first day of January of each year. License fees are not rebatable. [Ord. 02-20-2018A § 1. Code 2000 § 17-17-4].

17.50.070 Enforcement and revocation.

The following shall be considered as grounds for the revocation of a home occupation license or for the assessment of fines as specified:

A. Any change in use or any change in extent of use, area of the dwelling unit being used, or mechanical or electrical equipment being used that is different from that specified in the granted home occupation license that is not first cleared and approved by the planning director for minor home occupations or by the planning commission in the case of major home occupations shall be grounds for the revocation of a home occupation license.

B. Failure to allow periodic inspections by the building official or his representative at any reasonable time when an adult member of the family is present may result in the revocation of the home occupation license. [Code 2000 § 17-17-5].

17.50.080 Penalties.

A. Failure to pay the annual renewal fee shall result in the assessment of an additional $10.00 processing fee if paid within 30 days after the due date, or revocation of the home occupation license if not paid within 30 days after the due date.

B. Home occupation licenses which have been revoked may not be applied for again for a period of 30 days on a first offense or six months for a second offense. A third offense will result in permanent denial. [Code 2000 § 17-17-6].

17.50.090 Youth enterprise.

Uses classified as youth enterprises shall be permitted in all zones. The following regulations shall apply to all youth enterprises:

A. The youth enterprise shall be conducted entirely by youth 16 years of age or younger, who live on the premises and sell less than $1,000 per calendar year in gross sales, without an adult sponsored business license.

B. The youth enterprise activity shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the premises shall not be significantly altered or changed by the youth enterprise.

C. The youth enterprise shall have no more than one table or display of goods which shall be located entirely upon the premises.

D. The youth enterprise shall have only one sign no larger than 16 square feet which shall be removed from public view at the end of each business day.

E. The youth enterprise shall be conducted no longer than 90 days per calendar year.

F. No explosive materials shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line of the premises upon which the enterprise is conducted.

G. The youth enterprise shall not create greater vehicle or pedestrian traffic than normal for the zone district in which it is located.

H. The youth enterprise shall not require additional off-street parking above that required for the zone district.

I. The youth enterprise shall not require deliveries from commercial suppliers nor commercial deliveries from the enterprise.

J. The youth enterprise shall comply with all other applicable city rules and regulations.

K. Failure to comply with the provisions of this section or any applicable city regulation may result in the zoning administrator issuing an order suspending or terminating the youth enterprise. [Code 2000 § 17-17-7].