Updated Ordinance - 3/25/20241
SALT LAKE CITY ORDINANCE
No. _____ of 2024
(Amending the zoning text of various sections of Title 21A of
the Salt Lake City Code pertaining to childcare facilities)
An ordinance amending the text of various sections of Title 21A of the Salt Lake City
Code pertaining to childcare facilities pursuant to Petition No. PLNPCM2019-00225.
WHEREAS, on October 11, 2023, the Salt Lake City Planning Commission (“Planning
Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
Mendenhall to amend Salt Lake City’s land use regulations pertaining to childcare facilities
(Petition No. PLNPCM2019-00225); and
WHEREAS, at its October 11, 2023 meeting, the Planning Commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Section 21A.33.020. That Section 21A.33.020 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Residential Districts), shall be and hereby is amended as follows:
a.That the use category “Daycare center, child” is amended to read and appear as follows:
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Use Permitted and Conditional Uses by District
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-1 SR-2 SR-3 R-2 RMF
-
30
RMF
-
35
RMF
-
45
RMF
-
75
RB R-
MU-
35
R-MU-
45
R-MU RO
Daycare center,
child
P P P P P P P P P P P P P P P P P P
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b.That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
c.That the qualifying provisions for the table in Section 21A.33.020 are amended to read as
follows:
Qualifying provisions:
1. A single apartment unit may be located above first floor retail/office.
2. Provided that no more than 2 two-family buildings are located adjacent to one another
and no more than 3 such dwellings are located along the same block face (within
subdivisions approved after April 12, 1995).
3. Must contain retail component for on-site food sales.
4. Reserved.
5. See Subsection 21A.02.050.B of this title for utility regulations.
6. Building additions on lots less than 20,000 square feet for office uses may not exceed
50 percent of the building’s footprint. Building additions greater than 50 percent of
the building’s footprint or new office building construction are subject to a design
review.
7. Subject to conformance to the provisions in Section 21A.02.050 of this title.
8. Subject to conformance with the provisions of Subsection 21A.24.010.S of this title.
9. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related
Establishments”, of this title.
10. In the RB Zoning District, the total square footage, including patio space, shall not
exceed 2,200 square feet in total. Total square footage will include a maximum 1,750
square feet of floor space within a business and a maximum of 450 square feet in an
outdoor patio area.
11. Accessory guest or servant’s quarters must be located within the buildable area on the
lot.
12. Subject to conformance with the provisions of Section 21A.36.150 of this title.
13. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
14. Large group homes established in the RB and RO Districts shall be located above the
ground floor.
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15. Small group homes established in the RB and RO Districts shall be located above the
ground floor.
16. Large residential support established in RO Districts shall be located above the
ground floor.
17. Small residential support established in RO Districts shall be located above the
ground floor.
18. Reserved.
19. Subject to Section 21A.36.170 of this title.
20. Subject to Section 21A.36.030 of this title.
21. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
SECTION 2. Amending the Text of Section 21A.33.030. That Section 21A.33.030 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Commercial Districts), shall be and hereby is amended as follows:
a.That the use category “Daycare center, child” is amended to read and appear as follows:
Use Permitted and Conditional Uses by District
CN CB CS1 CC CSHBD1 CG SNB
Daycare center, child P P P P P P P
b.That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
c.That the qualifying provisions for the table in Section 21A.33.030 are amended to read as
follows:
Qualifying provisions:
1. Development in the CS District shall be subject to planned development approval
pursuant to the provisions of Chapter 21A.55 of this title. Certain developments in the
CSHBD Zone shall be subject to the design review process pursuant to the provisions
of Subsection 21A.26.060.D and Chapter 21A.59 of this title.
2. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title for
utility regulations.
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3. When located in a building listed on the Salt Lake City register of cultural resources
(see Subsections 21A.26.010.S and 21A.26.010.K of this title).
4. Subject to Salt Lake Valley Health Department approval.
5. Pursuant to the requirements set forth in Section 21A.36.140 of this title.
6. Greater than 3 ambulances at location require a conditional use.
7. A community correctional facility is considered an institutional use and any such
facility located within the AFPP Airport Flight Path Protection Overlay District is
subject to the land use and sound attenuation standards for institutional uses of the
applicable Airport Influence Zone within Section 21A.34.040 of this title.
8. No check cashing/payday loan business shall be located closer than 1/2 mile of other
check cashing/payday loan businesses.
9. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-
through use regulations.
10. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related
Establishments”, of this title.
11. In CN and CB Zoning Districts, the total square footage, including patio space, shall
not exceed 2,200 square feet in total. Total square footage will include a maximum
1,750 square feet of floor space within a business and a maximum of 450 square feet
in an outdoor patio area.
12. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
13. Residential units may be located above or below first floor retail/office.
14. In the SNB Zoning District, bed and breakfast use is only allowed in a landmark site.
15. Medical and dental offices are not allowed in the SNB Zoning District, except for
single practitioner medical, dental and health offices.
16. Permitted in the CG Zoning District only when associated with an on site food service
establishment.
17. Prohibited within
1/2 mile of any Residential Zoning District boundary and subject to
Section 21A.36.110 of this title.
18. Reserved.
19. Allowed only within legal conforming single-family, duplex, and multi-family
dwellings and subject to Section 21A.36.030 of this title.
20. Must contain retail component for on-site food sales.
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21. Reserved.
22. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
23. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
SECTION 3. Amending the Text of Section 21A.33.035. That Section 21A.33.035 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Transit Station Area Districts), shall be and hereby is amended as follows:
a. That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
b. That the qualifying provisions for the table in Section 21A.33.035 are amended to read as
follows:
Qualifying provisions for specific land uses:
1. Subject to Salt Lake Valley Health Department approval.
2. A community correctional facility is considered an institutional use and any such
facility located within the AFPP Airport Flight Path Protection Overlay District is
subject to the land use and sound attenuation standards for institutional uses of the
applicable Airport Influence Zone within Section 21A.34.040 of this title.
3. Surface parking lots as a principal use located on a lot that has frontage on a public
street are prohibited.
4. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
5. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title for
utility regulations.
6. Reserved.
7. Allowed only within legal conforming single-family, duplex, and multi-family
dwellings and subject to Section 21A.36.030 of this title.
8. Subject to Section 21A.36.110 of this title.
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9. Drive-through windows are prohibited on any public street facing facade and
automobile stacking is prohibited between public street facing facades and the
adjacent public right-of-way.
10. Subject to conformance with the provisions in Section 21A.40.060 for drive-through
use regulations.
11. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
12. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
SECTION 4. Amending the Text of Section 21A.33.050. That Section 21A.33.050 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Downtown Districts), shall be and hereby is amended as follows:
a. That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
b. That the qualifying provisions for the table in Section 21A.33.050 are amended to read as
follows:
Qualifying provisions:
1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title.
2. Uses allowed only within the boundaries and subject to the provisions of the
Downtown Main Street Core Overlay District (Section 21A.34.110 of this title).
3. A car wash located within 165 feet (including streets) of a residential use shall not be
allowed.
4. Building additions on lots less than 20,000 square feet for office uses may not exceed
50 percent of the building’s footprint. Building additions greater than 50 percent of
the building’s footprint or new office building construction are subject to a design
review (Chapter 21A.59 of this title).
5. No check cashing/payday loan business shall be located closer than 1/2 mile of other
check cashing/payday loan businesses.
6. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related
Establishments”, of this title.
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7. Subject to conformance with the provisions of Chapter 21A.59, “Design Review”, of
this title.
8. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-
through use regulations.
9. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
10. Must be located in a fully enclosed building and entirely indoors.
11. If a place of worship is proposed to be located within 600 feet of a tavern, bar
establishment, or brewpub, the place of worship must submit a written waiver of
spacing requirement as a condition of approval.
12. Reserved.
13. Allowed only within legal conforming single-family, duplex, and multi-family
dwellings and subject to Section 21A.36.030 of this title.
14. Must contain retail component for on-site food sales.
15. Subject to conformance with the provisions of Section 21A.36.350 of this title.
16. Limited to basement/below ground levels only. Not allowed on the ground or upper
levels of the building, with the exception of associated public leasing/office space.
17. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
19. Parking lots, garages or parking structures, proposed as the only principal use on a
property that has frontage on a public street that would result in a building demolition
are prohibited subject to the provisions of Subsection 21A.30.010.F.3.
SECTION 5. Amending the Text of Section 21A.33.060. That Section 21A.33.060 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in
the Gateway District), shall be and hereby is amended as follows:
a. That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
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b.That the qualifying provisions for the table in Section 21A.33.060 are amended to read as
follows:
Qualifying provisions:
1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title.
2. Subject to conformance with the provisions of Section 21A.36.300, ”Alcohol Related
Establishments”, of this title.
3. Subject to conformance with the provisions of Chapter 21A.59, “Design Review”, of
this title.
4. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
5. Subject to the requirements set forth in Section 21A.40.065, “Outdoor Dining”, of
this title.
6. Reserved.
7. Allowed only within legal conforming single-family, duplex, and multi-family
dwellings and subject to Section 21A.36.030 of this title.
8. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
9. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
No conditional use permit shall be granted for any property which abuts a Residential
Zoning District, except for places of worship, public/private utilities and related facilities,
residential facilities for persons with a disability and educational facilities.
SECTION 6. Amending the Text of Section 21A.33.070. That Section 21A.33.070 of
the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for
Special Purpose Districts), shall be and hereby is amended as follows:
a.That the use category “Daycare center, child” is amended to read and appear as follows:
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Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Daycare center, child P P P P P P P P P P
11
b. That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
c. That the qualifying provisions for the table in Section 21A.33.070 are amended to read as
follows:
Qualifying provisions:
1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title.
2. When located in a building listed on the Salt Lake City Register of Cultural
Resources.
3. When located on an arterial street.
4. Subject to Salt Lake Valley Health Department approval.
5. In conjunction with, and within the boundaries of, a cemetery for human remains.
6. Radio station equipment and antennas shall be required to go through the site plan
review process to ensure that the color, design and location of all proposed equipment
and antennas are screened or integrated into the architecture of the project and are
compatible with surrounding uses.
7. When approved as part of a business park planned development pursuant to the
provisions of Chapter 21A.55 of this title.
8. Kennels, whether within penned enclosures or within enclosed buildings, shall not be
permitted within 200 feet of an existing single-family dwelling on an adjacent lot.
9. Trails and trailheads with signage are subject to Section 21A.46.120, “Sign
Regulations for Special Purpose Districts”, of this title.
10. Greater than three ambulances at location require a conditional use.
11. Maximum of one monopole per property and only when it is government owned and
operated for public safety purposes.
12. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related
Establishments”, of this title.
13. If located on a collector or arterial street according to the Salt Lake City
Transportation Master Plan - major street plan: roadway functional classification
map.
14. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-
through use regulations.
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15. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
16. Reserved.
17. Allowed only within legal conforming single-family, duplex, and multi-family
dwellings and subject to Section 21A.36.030 of this title.
18. Must contain retail component for on-site food sales.
19. Prior to issuance of a building permit in the Development Area and the Eco-Industrial
Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah Division
of Wildlife Resources is required to obtain recommendations on siting and equipment
types for all solar arrays on a particular property to mitigate impacts to wildlife.
20. When customarily provided with the principal use and is accessory to the principal
use.
21. New antennae and communication towers are allowed outside the telecommunication
corridor in the OS Open Space District for public safety, public security or Salt Lake
City Public Utilities Department purposes only.
22. Reception centers may be allowed in parks of 100 acres or more where the reception
center is a subordinate use to the principal use of the property as a park. Reception
centers are allowed in existing buildings, are limited to 1 reception center per park,
and hours of operation are limited to park hours. Removal of existing recreation areas
to accommodate the stand alone reception center use, including areas to accommodate
parking for the reception center use, is not permitted.
23. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
24. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
SECTION 7. Amending the Text of Subsection 21A.33.080. That Section 21A.33.080
of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses
in Form Based Districts), shall be and hereby is amended as follows:
a.That the use category “Daycare center, child” is amended to read and appear as follows:
Use Permitted and Conditional Uses by District
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Daycare center, child P P P P P
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b. That the use categories “Daycare, nonregistered home daycare” and “Daycare, registered
home daycare or preschool” are hereby deleted.
c. That the qualifying provisions for the table in Section 21A.33.080 are amended to read as
follows:
Qualifying provisions:
1. Reserved.
2. Subject to Section 21A.36.030 of this title.
3. Must contain retail component for on-site food sales.
4. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
radioactive waste as defined by the Utah Department of Environmental Quality
administrative rules.
5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
6. Only allowed on a ground floor when the use is located behind another permitted or
conditional use that occupies the required ground floor use space.
7. Subject to parking location restrictions of Subsection 21A.27.060.C.3.
8. Subject to conformance with the provisions of section 21A.36.300, "Alcohol Related
Establishments", of this title.
SECTION 8. Amending the Text of Section 21A.36.030. That Section 21A.36.030 of
the Salt Lake City Code (Zoning: General Provisions: Home Occupations), shall be and hereby is
amended to read as follows:
21A.36.030: HOME OCCUPATIONS:
A. Purpose: This section establishes regulations for home occupations within all dwellings
to ensure they are compatible with any surrounding residential land uses and do not
negatively impact the surrounding neighborhood. Home occupations are intended to
promote local and sustainable economic growth and development.
B. Permitted Home Occupations: All home occupations not specifically listed as prohibited
may be permitted subject to their compliance with the standards specified in Subsections
G and H of this section.
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C. Home Occupations Prohibited: The following businesses, regardless of their conformance
with the standards in Subsection G of this section, are prohibited as home occupations:
1. Auto repairs;
2. Kennels;
3. Welding shops or machine shops;
4. Large appliance/electronics or equipment repair or service (washers, dryers,
refrigerators and other appliances or equipment that are too large to be carried in 1
individual’s arms);
5. Truck hauling;
6. Deliveries;
7. Stables;
8. Bottling plant;
9. Commercial bakery;
10. Industrial assembly;
11. Laboratory, medical, dental, optical;
12. Laboratory, testing; and
13. Any use that causes the emission of odor, smoke, gas, dust, vibration, magnetic or
electrical interference, offensive noise, or other similar impacts extending beyond the
property line of the lot where the occupation is located is prohibited.
D. Application: Applications for home occupations shall be filed with the Salt Lake City
Business Licensing Division. Business license applications shall include the following
information:
1. A complete description of the type of business proposed including the location of the
storage and operations area for the home occupation;
2. The expected hours of operation of the business;
3. The expected number of clients per hour and total expected number of clients visiting
the home per day; and
4. For home daycares, the applicant must submit the expected number and ages of
children, the number of employees, both total for the day and the expected maximum
number to be on the premises at any given time, along with proof of appropriate
licensing from the State of Utah, or where applicable, proof of exemption. First and
second home daycares each require a separate business license.
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E. License Required: It is unlawful for any person, firm, corporation, or association to
engage in a “home occupation” as defined in Chapter 21A.62 of this title without first
obtaining a license pursuant to the provisions of Title 5, Chapter 5.02 of this code. Prior
to issuance of said license, the standards set forth in this section must be satisfied and all
applicable fees shall be paid. All home occupation business licenses shall be valid for one
year, and may be renewed annually.
F. Determination of Completeness: Upon receipt of an application for a home occupation,
the zoning administrator shall make a determination of completeness pursuant to Section
21A.10.010 of this title.
G. General Standards: Home daycares are exempt from the following standards and shall be
subject to the standards in Subsection 21A.36.030.H. All other home occupations shall
comply with the following standards:
1. The home occupation must be clearly incidental and secondary to the primary use of
the dwelling for residential purposes;
2. The dwelling unit must be the principal place of residence for the person(s)
conducting the home occupation;
3. The area of the residence, used for home occupations shall remain in character with
the rest of the home except for such minor alterations necessary to conduct an
approved home occupation;
4. The home occupation shall not be conducted in, nor in any way use, carport, or any
portion of the yard. A home occupation may use a garage or other fully enclosed
accessory structure provided all other standards in this section are met. As per Section
21A.36.200 of this chapter, a home occupation license to distribute produce grown on
the premises for off premises sales may be conducted in the rear yard and include the
use of accessory buildings but may not occupy required parking areas;
5. The home occupation work conducted at the residence shall not involve more than
one employee from outside of the home, persons lawfully living in the residence may
be employed;
6. Except for those vehicles identified by this chapter (urban farms), and the applicant’s
personal transportation, there shall be no vehicles or equipment stored outdoors,
which would not normally be found at a residence. Service vehicles defined as an
“automobile” in Chapter 21A.62 of this title which double as a personal vehicle such
as taxicabs, limousine, or other vehicles used for mobile businesses and used for off
site services may only be parked on site in a legal parking area;
7. Delivery of merchandise, goods, or equipment, to the site of the home occupation,
shall be made by a vehicle typically employed in residential deliveries. No deliveries
to the site of the home occupation by semitractor/trailer truck shall be permitted.
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Loading and deliveries to the site of the home occupation shall be limited to the hours
of 8:00 A.M. and 6:00 P.M.;
8. No mechanical or electrical apparatus, equipment or tools shall be permitted in the
home occupation except those which are commonly associated with a residential use
or as are customary to home crafts, and which do not exceed 220 volts;
9. Tools, items, and equipment which are offensive or noxious by reason of the emission
of odor, smoke, gas, dust, vibration, magnetic or electrical interference, noise, or
other similar impacts extending beyond the property line of the lot where the
occupation is located, are prohibited. Tools, items, and equipment used for the
operation and maintenance of an urban farm must comply with those storage
requirements itemized by Section 21A.36.200 of this chapter;
10. Stock in trade, inventory or other merchandise shall be allowed to be kept only in the
interior space of the dwelling;
11. No outdoor storage is permitted in conjunction with the occupation other than
produce for off premises sales, outlined in Subsection G.4 of this section;
12. Home occupations involving visitations from pedestrian or vehicular traffic shall only
be conducted between the hours of 8:00 A.M. and 10:00 P.M.;
13. Any home occupation requiring client(s) visitation shall not occur at a frequency of
greater than two clients per hour, and no more than one client may be served at one
time and not more than one place of vehicular parking shall be occupied by a client at
any time. Client(s) shall include one or more person(s) with a unified interest in
visiting the home occupation at one specific time;
14. Only one nonilluminated nameplate, with a maximum sign face as specified in
Chapter 21A.46 of this title, stating the name of the business or occupant and
mounted flat against the building, shall be allowed. Except for the permitted
nameplate, the home occupation shall not make or require any internal alterations,
other than those necessary for an approved home occupation, nor any external
alterations to the residence that creates the appearance of a commercial operation, nor
shall the home occupation provide any visible evidence from the exterior that the
building is being used for any other purpose than that of a residence; and
15. Direct retail sales are prohibited. Incidental or secondary sales ensuing from the
services provided in conjunction with the home occupation are permitted. Limited
sales or distribution of produce grown from an urban farm shall be permitted as
specified by Section 21A.36.200 of this chapter.
H. Home Daycare Standards: A home daycare as defined in Chapter 21A.62 of this title may
be allowed as a home occupation within a legally established residential dwelling, except
in the M-1 and M-2 Districts. Home daycares shall comply with the following standards:
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1.Group size shall not exceed 16 children at any one time, supervised by the number of
caregivers required according to state licensing requirements;
2.Outdoor play areas provided for the home daycare shall be located only in the rear or
side yards of the dwelling;
3.The home daycare must be accessory to the primary residential use of the dwelling (a
second home daycare is exempt from this standard as permitted by state regulations);
4.The dwelling must be the home daycare provider’s primary residence (a second home
daycare is exempt from this standard as permitted by state regulations);
5.The dwelling used for the home daycare shall remain in character with the residence
except for minor alterations necessary to conduct the home daycare; and,
6.A provider operating a home daycare within their primary residence may obtain an
additional business license for a second home daycare within a separate residential
dwelling that is not their primary residence as allowed by state regulations, provided:
a.The first home daycare is operating under an active business license, and the
home occupation is in good standing with the city; and
b.The structure is not altered in any way that would prevent future use as a
residential dwelling.
I. Decision by the Zoning Administrator: The zoning administrator shall issue a permit for
the home occupation if they find that the standards of this title are met.
J. Loss of Home Occupation Use: The zoning administrator may terminate any home
occupation use upon making findings that support either or both of the following
conclusions:
1. Any of the required licenses or permits necessary for the operation of the business
have been revoked or suspended; or
2. Any of the provisions of this section have been violated.
K. Termination of Home Occupation: The licensee shall be responsible for the operation of
the licensed premises in conformance with this code. Any business license issued by the
city may be suspended or revoked per the provisions of Title 5, Chapter 5.02 and this
section.
L. Appeals:
1. Any termination of a home occupation may be appealed pursuant to the provisions of
Title 5, Chapter 5.02 of this code as if the termination were a business license
revocation.
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2. Any person adversely affected by the denial or issuance of a permit for a home
occupation may appeal that decision to the appeals hearing officer pursuant to
Chapter 21A.16 of this title.
M. Existing Home Occupation Licenses: Existing licenses for home occupations which were
legal under the prior zoning ordinance regulating home occupations but which are not
permitted under this title are subject to the provisions of Chapter 21A.38 of this title.
N. Nontransferability: Permits for home occupations are personal to the applicant,
nontransferable and do not run with the land.
SECTION 9. Amending the Text of Section 21A.36.130. That Section 21A.36.130 of
the Salt Lake City Code (Zoning: General Provisions: Child Daycare), shall be and hereby is
repealed in its entirety as follows:
21A.36.130: RESERVED.
[The codifier is instructed to make the appropriate change to the Chapter 21A.36 index.]
SECTION 10. Amending the Text of Section 21A.62.040. That Section 21A.62.040 of
the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is
amended as follows:
a. Amending the definition of “DAYCARE.” That the definition of “DAYCARE” shall be
amended to read as follows:
DAYCARE, CHILD: Persons, associations, corporations, institutions or agencies providing
on a regular basis care and supervision (regardless of educational emphasis) to children
separated from their parents or guardians, as allowed by state regulations.
b. Amending the definition of “DAYCARE CENTER, CHILD.” That the definition of
“DAYCARE CENTER, CHILD” shall be amended to read as follows:
DAYCARE CENTER, CHILD: An establishment providing care to any number of children
at any one time, as allowed by state regulations, separated from their parents or guardians.
This includes hourly centers, commercial centers, and preschools. “Child Daycare Center”
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does not include:(i) home daycares; or (ii) care provided in a facility or program exempt
under Utah State Code.
c. Amending the definition of “HOME OCCUPATION.” That the definition of “HOME
OCCUPATION” shall be amended to read as follows:
HOME OCCUPATION: A business, profession, occupation, or trade conducted for gain or
support and located and conducted within a dwelling unit subject to the regulations set forth
in Section 21A.36.030 of this title.
d. Amending the definition of “SCHOOLS, PUBLIC OR PRIVATE.” That the definition of
“SCHOOLS, PUBLIC OR PRIVATE” shall be amended to read as follows:
SCHOOLS, PUBLIC OR PRIVATE: “Public or private schools” means an institution of
learning or instruction primarily catering to minors, whether public or private, which is
licensed at such facility by either the city or the state of Utah. The definition includes
kindergarten, elementary schools, junior high schools, middle high schools, senior high
schools or any special institution of learning under the jurisdiction of the state department of
education. This does not include professional and vocational schools, charm schools, dancing
schools, music schools or similar limited schools nor public or private universities or
colleges.
e. Adding the definition of “DAYCARE, HOME.” That the definition of “DAYCARE,
HOME” be added and inserted into the list of definitions in alphabetical order to read as
follows:
DAYCARE, HOME: A use providing educational and/or daycare opportunities for children
located within a building intended for residential use that is licensed or registered by the
State of Utah.
f. Deleting definitions. That the following definitions are hereby deleted from the definitions
of terms:
DAYCARE, NONREGISTERED HOME
DAYCARE, REGISTERED HOME DAYCARE OR PRESCHOOL
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SECTION 11. 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 ______ day of ______________,
2024.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024.
Published: ______________.
Ordinance amending childcare facilities regulations (final)v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
March 11, 2024