054 of 2000 - amending the code regarding home occupations •
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SALT LAKE CITY ORDINANCE
No. 54 of 2000
(Amending the Salt Lake City Code Regarding Home Occupations)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE
REGARDING HOME OCCUPATIONS,PURSUANT TO PETITION NO.400-99-12.
WHEREAS,the Salt Lake City Code currently contains provisions regulating the
circumstances under which home occupations are allowed;and
WHEREAS,after further study and review,the City Council has determined that it is
appropriate to make certain modifications to those standards,and that such modifications are in
the best interest of the City;
NOW THEREFORE,he it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Section 21A.36.030 of the Salt Lake City Code 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 ensure that the home occupations are compatible with the
residential district in which they are located and have no negative impact upon the
surrounding neighborhood.
B. Permitted Home Occupations. Subject to compliance with the standards specified in this
Section,the following occupations,that do not have the client come to the home,shall be
permitted as home occupations subject only to approval by the Zoning Administrator
pursuant to subsection H of this Section:
1. Artists,illustrators,writers,photographers,editors,drafters,and publishers;
2. Consultants,private investigators,field representatives and other similar activities;
3. Bookkeeping and other similar computer activities;
4. Locksmith;
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5. Distribution of products grown or assembled at home for off-premise sales;(such as
garden produce,crafts etc.);
6. Janitorial services;and
7. Mail order business or sales representative.
C. Home Occupations Prohibited.The following businesses,regardless of their conformance
with the standards in subsection H 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 one individual's
arms);
5. Truck hauling;
6. Cabinetmaking;
7. Deliveries;and
8. Stables.
I). Conditional Home Occupations.
1. The following home occupations,which either require a client to come to the home or
which may result in neighborhood impacts if not properly managed,may be authorized
by the Board of Adjustment as an accessory use only by special exception pursuant to
standards specified in this section as well as the provisions of Part V,Chapter 21A.52,
Special Exceptions.
a. Barbers,cosmetologists,manicurists;
b. Consultant services;
c. Physicians,therapists,massage therapists;
d. Home instruction of musical instruments,voice,dance,acting and educational
subjects;
e. Small appliance/electronics/equipment repair or service(items which can be carried
in one individual's arms);
£ Dressmaker/tailor where there is no cleaning,dying or pressing by mechanically
operated equipment;
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g. Contractor, "handyman,"and landscape or yard maintenance contractor; subject to
the special conditions that no construction materials or equipment will be stored on
the premises;
h. Artists, photographers; and
i. Other similar personal or professional services where the client comes to the home.
2. The board of adjustment may delegate authority to the zoning administrator to handle
special exceptions for conditional home occupations. The zoning administrator will
review and approve applications in accordance with the provisions of Part II, Chapter
21A.14, of this Title.
E. Application. Applications for home occupations shall be filed with the Zoning
Administrator. 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. A listing of the individuals at the home who will be working on the business;
3. The expected hours of operation of the business;
4. The expected number of clients per hour and total expected number of clients visiting the
home per day;
5. For conditional home occupations, names, signatures and addresses of all abutting
property owners, including property owners across the street (s). Approval of the
apartment management or property owner if the business is conducted on a leased
property. Notice to neighboring property owners is subject to the provisions of subsection
21 A.14.060B 1 and B2.
F. License Required. It is unlawful for any person, firm, corporation, or association to engage
in a home occupation as defined in Part VI, Chapter 21A.62. subsection 21A.62.040 of this
Title without first obtaining a license pursuant to the provisions of Title 5, Chapter 5.04
Business Licenses. 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 (1) year, and may be renewed annually, provided there have been no reported
violations, subject to subsection 21A.36.030.J of this Title.
G. 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.
H. Standards. All home occupations shall comply with the following standards:
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1. The home occupation must be clearly incidental and secondary to the primary use of the
dwelling for residential purposes;
2. 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;
3. The home occupation shall not be conducted in, nor in any way use, the garage, carport,
any accessory building or any portion of the yard. A home occupation license to
distribute produce grown on the premise for off-premise sales may be conducted in the
rear yard and include the use of accessory buildings but may not occupy required parking
areas;
4. The home occupation work conducted at the residence shall not involve any employees
other than persons lawfully living in the residence;
5. The residence must be the principal residence of the applicant;
6. Other than the applicant's personal transportation there shall be no vehicles or equipment
stored outdoors, or in a garage or accessory building on the property associated with the
home occupation which would not normally be found at a residence;
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 semi-tractor/trailer truck shall be permitted. 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 two hundred and twenty volts (220
V) or which are customary to an approved conditional home occupation;
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;
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-premise sales as outlined in Chapter 21A.36 Section 21A.36.030.I.3 Standards;
12. Other than allowed conditional home occupations, no clients or customers shall come to
the home nor shall any additional vehicular traffic or parking needs be generated;
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13. 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;
14. The home occupation shall not require any internal alterations, other than those necessary
for an approved 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;
15. Only one nonilluminated nameplate, with a maximum sign face as specified in Chapter
21A.46; Signs, stating the name of the business or occupant and mounted flat against the
building, shall be allowed;
16. The home occupation shall not cause a demand for municipal or utility services or
community facilities in excess of those usually and customarily provided for residential
uses; and
17. No direct sales of products are made from the home whether or not incidental to the home
occupation.
I. Decision by Board of Adjustment or Zoning Administrator. The Board of Adjustment or
Zoning Administrator shall issue a permit for the home occupation if the Board of
Adjustment or Zoning Administrator finds 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.
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
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2. Any of the provisions of this Title have been violated.
K. Appeals.
1. Any termination of a home occupation may be appealed pursuant to the provisions of
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 Board of Adjustment pursuant to Part II,
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 may be kept and reissued for subsequent years.
M. Nontransferability.Permits for home occupations are personal to the applicant,
nontransferable and do not run with the land.
SECTION 2. Section 21A.52.100B of the Salt Lake City Code shall be and hereby is
amended to read as follows:
B. (Deleted.]
SECTION 3. The definition of"home occupation"as set forth in Section 21A.62.040 of
the Salt Lake City Code shall be and hereby is amended to read as follows:
"Home occupation"means a business,profession,occupation,or trade conducted
for gain or support and located and conducted within a dwelling unit,which use is
accessory,incidental and secondary to the use of the building for dwelling
purposes and does not change the essential residential character of appearance of
such building and subject to the regulations set forth in Part IV,Chapter 21 A.36,
Section 21A.36.040.
SECTION 4. 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 6th day of July
2000.
CHAIRPER
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ATTEST AND COUNTERSIGN:
0C ,F DEPUTY CIT C RDER
Transmitted to Mayor on July 6. 2000 •
Mayor's Action: K Approved Vetoed.
MA OR
ATTEST AND COUNTERSIGN:
CHIEF DEPUTY CITY RE ORDER .... ___6 Z_7...... 70. . .---
(SEAL) 1fi,, `*. ^•^�_
Bill No. 54 of 2000. `-�,P � J G,,,,
Published: 7-14-00 7 �y
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