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003 of 2013 - Chapter 21A.36.030 concerning home occupation regulations in the Zoning Ordinance. 0 13-1 P 12-20 SALT TAKE CITY ORDINANCE No. 3 of2013 (An ordinance amending section 21A.36.030 of the Salt Lake City Code concerning home occupation regulations in the zoning ordinance) An ordinance amending section 21A.36.030 of the Salt Lake City Code pursuant to Petition No.PI.NPCM20 1 1-003 80 to revise home occupations regulations in the zoning ordinance. WHEREAS,the Salt Lake City Planning Commission("planning commission")held a public hearing on April 1 1,2012 to consider a request made by Salt Lake City Mayor Ralph Becker(Petition No.PI.NPCM201 1-003 80)to amend section 21A.36.030(Zoning:General Provisions:Ilome Occupations)of the Salt Lake City('ode to revise home occupations regulations in the zoning ordinance;and WHEREAS,at its April 25,2012 meeting,the planning commission voted to transmit a positive recommendation to the Salt Lake City Council("city council")on said application;and WIIEREAS,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 Lakc City,Utah: SECTION 1. Amending text of Salt Lake City Code section 21A.36.030 That section 21A.36.030 of the Salt Lake City Code(Zoning:General Provisions:I Iome Occupations),shall be.and hereby is,amended to read as follows: 21A.36.030:HOME OCCUPATIONS: A. Purpose:The purpose of this section is to permit the establishment of home occupations in all residential districts and within legal conforming single-family,duplex,and multi- family dwellings within all commercial and nonresidential districts and ensure that the home occupations are compatible with the district in which they are located,having no negative impacts upon 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 subsection G of this section. 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 occupation which is 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 is prohibited. D. Application: Applications for home occupations shall be filed with the Salt Lake City Business Licensing Department. The 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. 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 5.042 of this code. Prior to issuance of said license, the criteria set forth in this title must be satisfied and all applicable fees shall be paid. All home occupation permits shall be valid for one year, and may be renewed annually, provided there have been no reported violations, subject to subsection JI of this section. 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. Standards: All 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 the ordinance are met. As per section 21A.36.200 of this title, 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 chapter 21A.36 (Urban Farms) of this title, 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 which double as a personal vehicle such as taxi cabs, limousine, or other vehicles used for mobile businesses and used for offsite 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. Loading and deliveries to the site of the home occupation shall be limited to the hours of eight o'clock(8:00)A.M.and six o'clock(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 two hundred twenty (220)volts: 9. Tools,items,equipment or occupations 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. 'Fools,items,and equipment used for the operation and maintenance of an urban farm must comply with those storage requirements itemized by chapter 21A.36.200 of this title: 10.Stock in trade,inventory or other merchandise shall he allowed to be kept only in the interior space of the dwelling; 1 I.No outdoor storage is permitted in conjunction with the occupation other than produce for off premises sales,outlined in subsection(1.4 of this section: 12.Home occupations involving visitations from pedestrian or vehicular traffic shall only be conducted between the hours of eight o'clock(8:00)a.m.and ten o'clock(10:00) p.m.: 13.Any home occupation requiring client(s)visitation shall not occur at a frequency of greater than two(2)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(1)nonilluminated nameplate,with a maximum sign face as specified in chapter 21 A.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 title. H. Decision by the Zoning Administrator: The zoning administrator shall issue a permit for the home occupation if they find that: 1. The provisions of this title are satisfied; 2. The home occupation will be in keeping with the character of the neighborhood and will not adversely affect the desirability or stability of the neighborhood; 3. The home occupation does not diminish the use and enjoyment of adjacent properties or create an adverse parking impact on adjacent streets or properties; 4. The home occupation will not negatively impact the future use of the property as a residence; 5. The home occupation will not adversely affect the public health, safety or welfare; and 6. The home occupation conforms with all fire, building, plumbing, electrical and health codes. I. 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 title have been violated. J. Termination of Home Occupation: 1. The licensee shall be responsible for the operation of the licensed premises in conformance with Salt Lake City Code. Any business license issued by the city may be suspended or revoked per the provisions of title 5, chapter 5.02 of this code. K. 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. 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. L. 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. M. Nontransferability: Permits for home occupations are personal to the applicant, nontransferable and do not run with the land. SECTION 2. 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 ✓1 , 2013. ERSO ATTr ANDrTERSI 7 44. RECO DER � .A ' y "~ 4-4 }ra' r `rI January 8, 2013 -A�?Rr�TE- Transmitted to Mayor on — . Mayor's Action: X Approved. Vetoed. MA O4 ITY RECORDER (SEAL) APPROVED AS TO FORM Salt Lake City Attorney's Office Date: O1 Bill No. 3 of 2013. By: Published: 1-14-13 • Pat C.Nielson, nor City Atiorney I-1B_ATTY-11233 I0-v3-Ordinance_amending_home_occupations.docx