5-1-290 Home Occupation

Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 9 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 A. An Administrative Conditional Use Permit may be approved by the Zoning Administrator for a home occupation, i.e., an occupation of a person or family where they reside and which occupation is clearly incidental and secondary to the use of the structure for dwelling and residential purposes, and does not change the residential character of the dwelling or the neighborhood, and in connection with which there is no display and/or stock of merchandise. B. Definitions . 1. “Home Occupation” shall mean any business activity, other than those listed below, which is conducted entirely within a dwelling or attached garage and is clearly incidental, secondary and in addition to the use of the structure for dwelling purposes. The purpose of the home occupation section is to allow the use of a portion of a home by one of its residents for business purposes, while establishing standards to ensure that the business use of the home will not adversely impact the residential character of the neighborhood in which the home occupation is located. Unless otherwise prohibited herein, a home occupation is allowed as specified in respective zones provided it maintains compliance with the requirements and standards listed in this section. C. Prohibited uses . The following uses are prohibited as home occupations: 1. Ambulance service; 2. Animal and veterinary clinic; 3. Any use involving the storage or sale of inflammable, explosive, or hazardous materials; 4. Clinic or hospital; 5. Junkyards; 6. Lawn mower or small engine repair; 7. Major appliance repair or sales (washer, dryers, refrigerators, etc.); 8. Mortuaries or crematoriums; 9. Motor vehicle, boat, or recreational vehicle repair or sales (to include auto body repair); 10. Motor vehicle, boat, or recreational vehicle repair or sales (to include auto body repair); 11. Restaurant; 12. Sexually oriented business; 13. Towing operations; Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 10 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 14. Trucking or heavy equipment operations; or 15. Welding, iron works, foundries. 16. D. Exemptions . The following activities are exempted from regulation under this section: 1. Garage or yard sales; provided the sale is held for not more than three (3) consecutive days, and no more than two (2) times per year at the same location, and no consignment goods are offered for sale; 2. Temporary social gathering sales that do not exceed one (1) day, such as candle parties, book parties, etc. not to exceed four (4) occurrences per year. E. Requirements . A home occupation shall comply with the following requirements: 1. An application for a land use permit with a site plan depicting the site boundaries and relevant buildings or facilities on-site shall be required in order to verify zoning requirements. 2. The property owner’s written authorization shall be submitted as part of the application for the home occupation. 3. The home occupation shall obtain an annual business license. F. Standards . A home occupation shall comply with the following standards: 1. The primary use of the dwelling must be residential. The extent of a home occupation shall be incidental and secondary to the use of the property for residential purposes. 2. The person(s) operating the business must reside in the dwelling on a full-time basis (at least nine months per year). Up to two additional persons may be employed by the home occupation provided the residence is on a lot with a minimum of one (1) acre in area. 3. The home occupation shall retain the general character and appearance of a residential dwelling and not change the general character of the neighborhood except for approved signage and parking. No exterior remodeling shall take place that would change the residential appearance of the home. 4. Interior structural alterations made to the home are allowed only if they are consistent with its primary use as a dwelling. 5. Except as specified herein, the home occupation shall only be allowed inside a dwelling unit or in an on-site accessory building. The home occupation shall not use any space in a yard or any space on the premises outside of the dwelling or accessory building. This does not apply to the following: a. A child day care or preschool, or an adult day care may use outdoor facilities for outdoor recreation or leisure. Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 11 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 b. Instructional activities may be conducted outdoors provided that the instruction is limited to lessons and lesson-related equipment, materials, or objects in such a manner that maintains compliance with subsection F(3) of this section. Instructional activities shall not include recitals, competitions, tournaments, shows, or performances that may draw spectators. Instructional activities conducted outdoors or in an accessory building shall not involve any of the following: 1) Manufacturing, industrial processes, or the use of heavy equipment or machinery; 2) Commercial scale assembly or creation of goods or materials; 3) Commercial scale construction or contractor activities; or 4) Outdoor storage. 6. Customers shall be allowed at the residence only if scheduled on an appointment basis, and are only allowed between the hours of seven a.m. (7 AM) and nine p.m. (9 PM). The hours of operation for day-care and preschool centers shall not begin any earlier than six a.m. (6 AM), or operate later than ten p.m. (10 PM) seven days a week. Group lessons or sessions shall not exceed six people at a time. 7. When day-care and preschool centers are approved as a home occupation, applicants shall be compliant with any licensing requirements and provisions as required by the Utah Department of Health and Human Services. 8. Home occupations with visiting clientele will be subject to the following standards: a. No more than one home occupation with visiting clientele shall be permitted on any property. b. No home occupation with visiting clientele shall be allowed in multifamily dwelling units. 9. The storage or display of supplies, inventory, equipment, or materials in any portion of the yard is prohibited. 10. The home occupation shall not substantially increase the demand for public services in excess of those usually and customarily provided for residential uses. It shall not substantially increase foot and vehicular traffic, parking, noises, lighting, glare, vibration, odors, smoke, dust or airborne particulate matter, heat, fumes, refuse, interference with radio and/or television reception, or anything else that is uncommon to the established character of the neighborhood to such a degree as to constitute a nuisance to the residents of the immediate area. 11. The home occupation shall not create noise in excess of 60 decibels as measured from the property line. 12. Outdoor lighting used for the home occupation shall be downward directional and one hundred percent (100%) shielded from view from adjacent properties. Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 12 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 13. In addition to the parking spaces required for the residents of the dwelling, parking for customers and for any employee(s), if allowed under subsection F(6) above, must be provided in the driveway or garage. 14. No vehicle larger than a passenger car, van, or one-ton pickup truck is allowed to be brought to, parked on, or stored on the property in conjunction with a home occupation. 15. The storage or parking on the premises of tractor trailers, semi-trucks, or other heavy equipment used for an off-premises business shall not exceed more than two 80,000 pound or less semi-trucks with trailers (Class 8 GVWR or less) and requires a minimum acreage size of 2 acres. All trucks and trailers used as part of the home occupation shall be licensed and registered, and parked in accordance with this land use code. 16. Only those tools, equipment, or electric apparatus that are commonly used as accessories to or in conjunction with residential uses are allowed to be used as part of the home occupation. 17. Barber or beautician services shall be limited to two stations per residence. 18. Tanning salons shall be limited to two tanning beds per residence. 19. The condition of the dwelling and landscaped areas shall be well maintained. 20. The home occupation shall maintain compliance with all applicable local, state, and federal regulations. G. Home occupation sign . Any sign must comply with Chapter 5-3 of the Box Elder County Land Use Management and Development Code. H. Inspections . Inspection during reasonable hours by county officials may occur as necessary to assure compliance with these regulations. I. Regulations and Enforcement . 1. An application for a home occupation shall be submitted to the Planning and Zoning Department of Box Elder County for review and shall be accompanied by the application fee. Upon finding that the applicant understands and agrees to comply with the standards set forth in Section 5-1-290(F), the application shall be approved. 2. All home occupations are required to obtain a Box Elder County business license. The business license shall be renewed each year that the business is in operation. 3. Violations of the standards set forth in Section 5-1-290(F) shall be subject to the penalties outlined in Chapter 2-4 of this code. In addition, a business license revocation hearing may be scheduled at the discretion of the Box Elder County zoning administrator for any home occupation found to be in violation of the home occupation standards or of any other county ordinance. Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 13 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 4. The business owner is responsible for complying with all applicable health, fire, building and safety codes. 5. All home occupations shall be reviewed for compliance with the provisions of this section. 6. A change of business ownership and/or relocation to a new address is considered a new business and requires separate approval.