Home Occupation

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34-1 Purpose and Intent

The purpose and intent of this chapter is to allow persons residing in dwellings in residential, forest, and agricultural zones, to provide a service, operate certain kinds of small businesses, or maintain a professional, or business office while not changing the character of the neighborhood.

This chapter also addresses short term vendors, temporary outdoor sales, and farmers markets.

Contents

34-2 Home Occupation

Use Regulations

  1. Home occupations are allowed in specified zones in accordance with the regulations and restrictions of this ordinance. The following uses are not allowed as home occupations, i.e., tanning salons and tattoo parlors. The following uses are examples of allowable home occupations:
    1. Barber with not more than 2 stations on the premises.
    2. Business Office to include book keeping and phone calls.
    3. Child day care of not more than eight (8) children, including care giver=s children under six (6) years of age.
    4. Computer information services.
    5. Group instruction or motivational meetings as a forum for sales presentations held not more than once every month.
    6. Massage Therapy Salons
    7. Musical instruction.
    8. Nail Salons
    9. Phone-order or mail order services.

Required Conditions

A home occupation must meet all of the following conditions and requirements:

  1. A land use permit is required in order to verify zoning requirements and setbacks.
  2. A home occupation may be carried on in a dwelling unit by the resident(s) who actually reside on the premises; except that 2 non-resident employees may be allowed having complied with the following standards:
    1. The minimum lot size shall be one acre.
    2. Parking standards will comply with Chapter 24 the parking ordinance for residential dwellings and in addition shall require one parking space for each non-resident employee and one for each visiting clientele.
    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 vehicle parking.
    4. Home occupations shall be allowed provided that the home occupation is limited in extent, incidental and secondary to the use of the dwelling unit for residential purposes, and does not substantially increase foot and vehicular traffic, parking, noises, lighting, vibration, smoke, or anything that is uncommon to the established character of the neighborhood to such a degree as to constitute an annoyance to the residents of the immediate area.
    5. The home occupation shall not occupy more than 400 square feet or 25 percent, whichever is less, of the ground floor area of the home. This does not apply for child day care.
    6. The home occupation shall not use any space in an attached or unattached garage, accessory building, yard or any space on the premises outside of the dwelling. Child day care may have an outdoor yard space.
    7. The home occupation must obtain an annual business license.
    8. The home occupation shall not be open to the public at times earlier than 8:00 a.m. or later than 9:00 p.m. The hours of operation for child day care shall not begin any earlier than 6:00 a.m., or operate later than 10 p.m. seven days a week.
  3. Home occupations with visiting clientele will be subject to the following standards:
    1. Parking standards will comply with Chapter 24 the parking ordinance for residential dwellings and in addition shall require one parking space for each visiting clientele.
    2. No more than one home occupation with visiting clientele shall be permitted within any single dwelling.
    3. No home occupation with visiting clientele shall be allowed in multi-family dwelling units consisting of four units or more.
    4. Home occupations shall provide adequate off-street parking as specified in Chapter 24 of the Weber County Zoning Ordinance.
    5. There shall be no storage or parking on the premises or on the adjacent streets in the vicinity of the premises of tractor trailers, semi-trucks, or other heavy equipment used in an off-premise business for which the dwelling is being used as a home occupation office except that not more than one truck of one-ton capacity or less may be parked on premise during off work hours at night. A work trailer up to 22 feet in length may be parked at night as part of the home occupation business. All trucks and trailers used as part of the home occupation business shall be licensed and registered, and parked in accordance with Chapter 24 of the Weber County Zoning Ordinance.
    6. The home occupation approval may be revoked by the Planning Commission if the home occupation does not remain in compliance with this ordinance.
    7. The property owner’s written authorization shall be submitted as part of the application for home occupation.
    8. Home occupations that require bodily contact with patrons or equipment that create a potential for contamination between residents and clients are not allowed, e.g., tanning salons and tattoo parlors.

Signs

One (1) flat sign or name plate not exceeding two (2) square feet attached to the house or mail box may be permitted. A land use permit is required. Any modification made to the permitted sign requires a new land use permit. No freestanding or banner signs shall be permitted.

34-3 Short Term Vendors

Short term vendor consists of the sales of goods and/or services from a trailer, mobile store, or kiosk on a commercially zoned property. Application for a short term vendor is subject to the following requirements:

  1. A design review application.
  2. Site plan.
  3. Required application fees. (Fees are the same for Design Review application for a home occupation with visiting clientele).
  4. Water and sanitation facility plans to be approved by the Health Department.
  5. Signage plan.
  6. A building permit for temporary power.
  7. A land use permit shall be obtained for a short term vendor.

A short term vendor’s business license expires one hundred and twenty (120) consecutive days after the date of issuance.

Temporary Outdoor Sales

Temporary outdoor sales site consist of the sale of seasonal goods (e.g. Christmas tree lot, pumpkins, or fireworks), that are associated with a recognized holiday, on a commercially zoned property. An application for a temporary outdoor site is subject to the following requirements:

  1. A design review application.
  2. Site plan.
  3. Required application fees. (Fees are the same for Design Review application for a home occupation with visiting clientele).
  4. Water and sanitation facility plans to be approved by the Health Department.
  5. Signage plan.
  6. The sales lot area shall not exceed 10 percent of the parking area on an improved commercial lot.
  7. The period of operation for a sales site shall be as per State Code, if established, and in no case shall be more than thirty (30) days from the date of the holiday. The sales site shall be cleared of all debris and restored within five (5) days after the day of the holiday.
  8. Temporary fencing, including chain link, up to six feet in height.
  9. A building permit for temporary power.
  10. All outdoor lighting, including temporary lighting, shall comply with Chapter 39, Ogden Valley Lighting, for outdoor sale sites located within the Ogden Valley Township.
  11. A land use permit shall be obtained for a temporary outdoor sale site.

34-5. Farmer’s Markets

A farmer’s market consists of a group of local farmers and other vendors who gather to sell fresh produce, other food products, and craft items on a commercially zoned property or at a public park. Operation of a farmer’s market is from June through October. Application for a farmer’s market is subject to the following requirements:

  1. A design review application.
  2. Site plan.
  3. Required application fees. (Fees are the same for Design Review application for a home occupation with visiting clientele).
  4. Water and sanitation facility plans to be approved by the Health Department.
  5. The property owner(s) shall sign the application.
  6. The vendors at these markets are limited to local farmers/growers selling products from their own farms or gardens, crafters selling their own crafts and food vendors.
  7. A building permit for temporary power.
  8. All vendors planning to sell or dispense food or beverages at public events shall have permits from the Health Department prior to the start of the event.
  9. A land use permit shall be obtained for a farmer’s market.


Blue Explanation Point.png The Home Occupation has been re-formatted from the original for Internet accessibility, and may contain inadvertent errors and/or omissions. It is provided as a public convenience, for informational purposes only. Official Weber County Code Ordinances, in their original format, are available through the Office of the County Clerk/Auditor and at the County Library Branches.

[REV:O17/10252011]

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