4.8 SPECIFIC REVIEW CRITERIA FOR CONDITIONAL USE PERMITS FOR HOME AND PREMISES OCCUPATIONS FOR RAR-1 ZONE

4.8.1 Purpose The Town of Castle Valley recognizes the need or desire for some citizens to use their place of residence for limited nonresidential activities. However, the Town believes that the need to protect the integrity of its residential areas is of paramount concern. The purpose of the following subsections are to allow for limited, commercial-type activities to be conducted within Dwellings and on lots as either a home or premises occupation. The intent of these subsections are to insure the compatibility of home and premises occupations with community values, to avoid depreciation of property values, to preserve the aesthetic value of the surrounding community and/ or avoid affecting adjacent neighbors in an invasive way. The following requirements have been put in place to assist the Designated Land Use Authority in making well-informed decisions whether to grant, grant with conditions, or deny conditional use permits for home and premises occupations at their discretion based on the potential impact on the surrounding residential community. 4.8.2 Prohibited Uses for Home and Premises Occupations 1. On-site motor vehicle, trailer or boat repair shops 2. Auto body and/or fender repair shops 3. Manufacture of, assembly of, or on-site repair shops for heavy equipment, major appliances, or engines 4. Junkyards 5. Mortuaries or crematoriums 4.8.3 General Operating Requirements All approved home and premises occupations shall comply with the following operating requirements, in addition to any specific conditions imposed as part of the conditional use permit approval process: 1) The use of the Dwelling for a home occupation shall be clearly incidental and clearly subordinate to its use as a residence. Entrance to the Dwelling from the outside shall be the same entrance normally used by the residing occupants except when required for business purposes by regulation of the Southeast Utah Health Department or to meet Federal ADA standards. 2) A home occupation must be confined within a Dwelling to not more than twenty-five (25%) percent of the gross area of one floor. No portion of any detached garage, carport, or other Accessory Structure shall be used for home occupation purposes. One Accessory Structure, not to exceed twelve hundred (1200) square feet, is allowed for a premises occupation. Upon request, and pursuant to Section 4.7.4, the Land Use Authority may approve a proposed conditional use for a home or premises occupation involving the storage of flammable or hazardous materials in a separate and second Accessory Structure, when doing so would reduce the risk of fire or other hazards and promote greater protection to the Town’s drinking water supply. 3) No equipment or process shall be used in a home or premises occupation which creates a nuisance off the lot; no equipment or process shall be used which creates visible or audible interference in any radio or television receiver (as governed by FCC regulations), causes fluctuations in line voltage off the lot, or causes an increase in the demand for utility or infrastructure in excess of levels associated with residential or permitted agricultural use. 4) Only one (1) vehicle used in the home or premises occupation, not to exceed a 1 ton rated capacity, and owned or leased by the resident of the Dwelling, may be parked on the site in addition to standard residential passenger vehicles. Upon request, and pursuant to Section 4.7.4, the Land Use Authority may approve a proposed conditional use for a home or premises occupation involving the parking of as many as three (3) vehicles, some or all of which may have greater than a one (1) ton rated capacity, on the lot. 5) No employee parking or parking associated with the conditional use is allowed on the street. 6) An allowed home or premises occupation may only be owned and/or operated by a person(s) residing in the Dwelling on the same lot where the home or premises occupation will be. 7) Only one employee who does not reside in the Dwelling is allowed on the premises at any given time when performing business-related activity. If more than one home occupation and/or premises occupation is allowed on a lot, then a total of two employees who do not reside in the Dwelling are allowed on the premises at any given time when performing business-related activity. 8) The conditions of this chapter shall apply to the combined uses of multiple home and premises occupations on a single lot so as to not produce an impact that is above the acceptable level of a single home or premises occupation. 9). Customers or business invitees coming to the home or premises occupations shall have appointments to conduct business with those operating the occupation and the occupation shall not be conducted so as to provide services to “drop in” customers. 10) Signs for home and premises occupations are limited to one (1) non-lighted sign of natural materials not larger than eight (8) square feet. No part of the sign shall be over 6 feet high measured from the natural grade immediately below the sign. 11) There shall be no marketing that calls attention to the fact that the Dwelling and/or property is being used for business purposes. Telephone listings, or any other advertising of the business, shall only include the mailing address of the dwelling with no other mention of Castle Valley. The name, telephone number and purpose of the home or premises occupation may be advertised on the vehicle or vehicles allowed under subsection 4. 12) If the home or premises occupation provides services to customers who come to the home or premises to utilize those services, the hours that customers may come to the home or premises shall be between 8 am and 9 pm. No more than 5 vehicles per day shall be allowed on the lot for business purposes, excluding delivery vehicles. The Land Use Authority may limit the number of delivery vehicles allowed per week. 13) If the home or premises occupation requires activities or machinery that produces noise that may disturb other residents on neighboring properties, such activities shall be conducted so that the noise level will not create a nuisance or detract from the use and enjoyment of other residents. 14) If the home or premises occupation requires activities, equipment, or uses materials that pose a fire risk, including but not limited to material classified as class II and III flammables by OSHA, such activity and equipment must be used and stored in compliance with OSHA regulations and fire suppression equipment must be on site that is rated suitable to suppress a potential fire caused by the type of materials being stored or the type of activity being employed. Such activities shall be performed inside a building or within a graveled area with at least a 60 foot radius with a set back of at least 15 feet from the edges if conducted outdoors. Flammable materials shall be stored in a separate room, or fireproof metal cabinet, from any work area where sparks may be produced. Such occupations must provide proof of inspection of required fire suppression equipment prior to any business activity commencing and with each yearly renewal. An inventory list (including quantities stored) of all such approved material shall be provided to the Town prior to any business activity commencing. The Land Use Authority approving the home or premises occupation may set limits on the type and amount of such material allowed on the property at any given time. 15) No home or premises occupation shall be allowed which is offensive or noxious by reason of the emission of odor, smoke, gas, dust, vibration, magnetic or electrical interference, or other similar impacts extending beyond the property line of the lot where the occupation is located in excess of levels associated with residential or permitted agricultural use. 16) No home or premises occupation shall produce, store or accumulate hazardous material or waste in excess of levels associated with residential or permitted agricultural use. The Land Use Authority approving the home or premises occupation may set limits on the type and the amount of such material allowed on the property at any given time. Any approved hazardous material or waste shall be properly contained according to OSHA regulations and in such a way as to prevent odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or other hazardous conditions or nuisances. An inventory list (including quantities stored) of all such allowed material shall be provided and a plan for the safe disposal of said waste shall be approved by the Town prior to any business activity commencing. 17) If the home or premises occupation requires activities, equipment, or uses materials that pose a fire risk, or if the home or premises occupation produces, stores or accumulates hazardous material or waste the following actions must be undertaken prior to any business activity commencing and with each yearly renewal: 1. an inspection of the home or premises occupations shall be performed by a Town Official; and 2. proof of business liability insurance at a minimum of two (2) million dollars, with the Town listed on the policy as an additional insured. 18) All home and premises occupations shall be operated in compliance with the conditions set forth above and any other conditions attached as part of the conditional use permit approval process. 19) Storage of equipment, vehicles and materials associated with the home or premises occupation will be allowed on the lot according to the following criteria: a) all equipment, vehicles and materials must be sufficiently screened or stored as to not detract from the scenic quality of the area. b) maximum height of all equipment, vehicles and materials must not exceed fourteen (14) feet c) maximum lot coverage of all equipment, vehicles and materials must not exceed ten (10) percent. d) Nonoperational vehicles or equipment may be stored on the lot in conformance with the provisions of the Town’s Nuisance Ordinance. e) any other conditions as the Land Use Authority deems necessary to minimize the impact of the home or premises occupation on the surrounding community to an acceptable level. 20) Conditions may be imposed that require the Applicant to provide the Town with a copy of all inspection reports from any agency that regulates and inspects the home or premises occupation’s activities. 21) Officials appointed by the Town of Castle Valley may, at all reasonable times during normal business hours and with prior notification, enter the premises for the purpose of inspecting to determine whether or not the requirements of this chapter are being complied with. All premises occupations shall comply with the following operating requirements in addition to those imposed on home occupations and any other conditions imposed when the conditional use permit for a premises occupation is approved: 1) Except as provided in Section 4.8.3.2, the one Accessory Structure allowed will not exceed twelve hundred (1200) square feet for both indoor use and storage. If part of an existing Accessory Structure is used as the one allowed Accessory Structure for a premises occupation, then only 1200 square feet of that building may be used. If a second Accessory Structure is allowed to store flammable or hazardous materials, then the combined square footage used for storage and other activities associated with the premises occupation shall not exceed 1200 square feet. 2) No structure or fixture associated with a premises occupation can be built such that the valuation of the property changes from residential to commercial. 3) All Accessory Structures must conform to the building standards described in Chapter 5 of this Land Use Ordinance. In addition, any application for a building permit for a property for which a Conditional Use Permit has already been issued, when the proposed structure or modification to a structure is to be used as part of, or to expand the conditional use, it shall be deemed nonroutine and must be submitted to the Planning and Land Use Commission for review and approval.