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014 of 1992 - AN ORDINANCE REPEALING AND REENACTING SECTIONS 21.04.275, SALT LAKE CITY CODE, CHANGING THE DEFINITI0 92-1 0 91-19 SALT LAKE CITY ORDINANCE No. 14 of 1992 (Home Occupation Ordinance) AN ORDINANCE REPEALING AND REENACTING SECTIONS 21.04.275, SALT LAKE CITY CODE, CHANGING THE DEFINITION OF "HOME OCCUPATION" AND AMENDING CHAPTER 21.20, SALT LAKE CITY CODE, PROVIDING A NEW ARTICLE III DEALING WITH HOME OCCUPATIONS. WHEREAS, the City's current regulations concerning home occupations as specified in Section 21.04.275 need to be amended to reflect changing work conditions and technology; and WHEREAS, the City Council has held hearings before its own body and before the Planning Commission on such changes and believes the following ordinance to be appropriate; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That existing 21.04.275 be, and the same hereby is repealed. SECTION 2. That Section 21.04.275, Salt Lake City Code, be, and the same hereby is reenacted to read as follows: 21.04.275 Home occupation. "Home occupation" means the commercial or business use conducted within a residential dwelling unit subject to the terms and conditions specified in Section 21.20.120 through .150. SECTION 3. That Section 21.20.010 H., Salt Lake City Code, be amended to read as follows: 21.20.010 Permitted uses. H. Home occupations as permitted or conditional uses as specified in Section 21.20.120 et seq. SECTION 4. That Chapter 21.20, Salt Lake City Code, be amended by adding a new Article III beginning with Section 21.20.120 as follows: Article III. Home Occupations 21.20.120 Home occupations shall be allowed as permitted or conditional uses only subject to the following conditions: A. The home occupation must be clearly incidental and secondary to the primary use of the dwelling for residential purposes; B. No more than one room in the residence may be used for the home occupation and this room shall remain in character with the rest of the home except for such minor alterations necessary to conduct an approved conditional home occupation. C. The home occupation shall not be conducted in, nor in any way use, the garage, carport or any accessory building or any portion of the yard; D. The home occupation work conducted at the residence shall not involve any employees other than persons lawfully living in the residence; E. The residence must be the principal residence of the applicant; F. Other than the applicant's personal transportation there shall be no vehicles or equipment stored outdoors, or in a garage 2 or accessory building on the property associated with the occupation which would not normally be found at a residence. No sign advertising the occupation shall be on any of the residents' vehicles; G. No mechanical or electrical apparatus, equipment or tools shall be permitted in the occupation except those which are commonly associated with a residential use or as are customary to home crafts, and which do not exceed 110 volts, or which are customary to an approved conditional home occupation. H. Tools, items, equipment or occupations which are offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference or noise are prohibited; I. Stock in trade, inventory or other merchandise shall be allowed to be kept only in one room of the dwelling and limited to 100 square feet of floor space; J. Other than allowed conditional home occupation businesses, no clients or customers shall come to the home nor shall any additional vehicular traffic or parking needs be generated. For conditional home occupations, no more than one client may be served at one time and no more than one place of vehicular parking shall be occupied by a client at any time; K. The home occupation shall not require any internal alterations other than those necessary for an approved conditional home occupation, nor any external alterations to the residence, nor provide any visible evidence from the exterior that the building is being used for any other purpose than that of a residence; 3 L. Only one non -illuminated name plate, not exceeding one and one-half square feet, and mounted flat against the building, shall be allowed; M. Except for authorized conditional home occupations, no advertising by any method shall identify the home address. 21.20.130 Permitted home occupations. Subject to the provisions specified in this Article, the following home occupations generally are to be permitted as home occupations: A. Artists, illustrators, writers, photographers, editors, drafters, publishers; B. Consultants, private investigators, field representatives and other similar activities where the entire work of the business except for record keeping and telephone are conducted off of the premises; C. Bookkeeping and other similar computer activities. 21.20.140 Conditional home occupations. Subject to the provisions specified below home occupations that do require a client to come to the home for service including barbers, beauticians, tax accountants, physicians, therapists, home instruction of musical instruments, voice, and educational subjects and similar personal or professional services may be conditionally allowed. 21.20.150 Additional requirements for conditional home occupations. 4 In addition to all other requirements of this article, conditional home occupations shall only be allowed subject to the following: A. The business shall only be operated between 8:00 a.m. and 7:00 p.m.; B. No sales of products shall be made from the home whether or not incidental to the conditional home occupation. 21.20.160 Home occupations not permitted. The following businesses are generally not allowed as home occupations: Auto repairs, general or subcontractors, kennels, welding, appliance or equipment repair or service, truck hauling, vending, cabinet making, deliveries, locksmiths, stables and similar businesses or occupations. 21.20.170 Applications. Applications for home occupation permits shall be filed with the Permits and Licensing Division. The applications shall include the information specified below: A. For conditional home occupations, the names and addresses of all residents within an 85 foot radius of the property and their signatures, when possible, stating whether they support or oppose the home occupation proposed; B. For conditional home occupations, the expected number of clients per day; and, C. A description of the type of business proposed; D. A listing of the individuals at the home who will be working on the business; E. The expected hours of operation of the business; 5 F. If the business is conducted in an apartment, the application must also be approved by the apartment management. 21.20.180 Approval. A. The Permits and Licensing Division shall issue a permit for home occupation if it finds: 1. That the provisions of this ordinance are satisfied; 2. That the use will be in keeping with the character of the neighborhood and will not adversely affect the neighborhood's desirability or stability; 3. That the proposed use does not diminish the use and enjoyment of adjacent properties or create an adverse parking impact on the adjacent streets or properties. 4. That the proposed use will not negatively impact the future use of the property as a residence; 5. That the proposed use will not adversely affect the public health, safety or welfare; 6. The proposed conditional use conforms with all fire, building, plumbing, electrical and health codes; B. For conditional home occupations, the Planning Director or the Director's designee shall hold an informal hearing on the application not less than ten (10) days after written notice has been provided to all residents within an eighty five (85) foot radius of the property. C. No more than one conditional home occupation permit shall be approved to operate from the same dwelling unit. 21.20.190 Loss of home occupation use. 6 The Planning Director or Zoning Administrator may terminate any permit for home occupation use if the Planning Director or Zoning Administrator finds that: A. Any of the required licenses or permits necessary for the operation of the business have been revoked or suspended; or B. Any of the provisions of this ordinance have been violated. 21.20.200 Appeals. A. Any termination of home occupation use permits may be appealed pursuant to the provisions of Chapter 5.02 as if the termination were a business license revocation. B. Any person aggrieved by the denial or issuance of a permitted home occupation permit by the Zoning Administrator may appeal that decision to the Board of Adjustment upon filing a written notice of appeal within ten (10) days after the entry of the Zoning Administrator's decision. C. Any person aggrieved by the decision of the Planning Director or the Director's designee denying or issuing a conditional home occupation may appeal that decision to the Salt Lake City Council upon filing a written notice of appeal within ten (10) days after the entry of the Planning Director's decision. The hearing of any appeal provided under this section shall be within 30 days of the filing of the completed appeal application and the appeal shall be decided by the City Council within 10 days of the hearing. 21.20.210 Existing home occupation licenses. 7 Existing licenses for home occupations which were legal under the prior ordinance regulating home occupations but which are not permitted under this ordinance may be kept and reissued for subsequent years subject to the following conditions: A. The license must remain continuously in the name of the holder of the license for the year 1992. B. The license may be maintained only at the same address as for the year 1992. C. The license may be used only for the same business as for the year 1992. D. The license holder must comply with all conditions imposed by the prior ordinance under which the license was issued. 21.20.220 Non -transferability. Permits for home occupation uses under this ordinance are personal to the applicant, non-transferrable and do not run with the land. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 3 day of March ATTEST: , 1992. V i c e. CHA RPERSON 8 Transmitted to the Mayor on March 4, 1992 Mayor's action: ATTEST: BRB:cc 2/3/92 Bill No. 14 of 1992 Published: March 10, 1992 XX Approved 9 Vetoed.