Chapter 5.  Home Occupations

 

5.1      Home Occupation Permit Required

 

To assure compliance with provisions of the Land Use Code and to protect the character of residential neighborhoods in the Town of Rockville, a Home Occupation Permit shall be obtained from the Town before a dwelling unit in a residential zone may be used for business purposes.

 

5.2      Procedure

 

Applications shall be submitted to the Rockville Planning Commission.  The Planning Commission will then act upon the application.  Upon approval of an application a Home Occupation Permit will be issued, which permit shall state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon.  The permit shall not be issued unless the applicant has met all of the conditions listed below, and the applicant has agreed in writing to comply with all said conditions.

 

5.3      Conditions

 

Each and every one of the following conditions must be complied with at all times by the holder of a Home Occupation Permit:

 

A.        Not more than one (1) person is employed in the home occupation or office of a professional person on the premises in addition to the residing family.

 

B.        The home occupation shall be conducted on the premises.  The home occupation shall not occupy any area within a structure which is required for off-street parking by the provisions of this Land Use Code.

 

C.       All signs are subject to the provisions of the Town of Rockville Sign Chapter.

 

D.       No display of any kind shall be visible from the exterior of the premises.

 

E.        No mechanical or electrical apparatus, equipment, or tools shall be permitted except those items which are commonly associated with a residential use or as are customary to home crafts or home occupations.

 

F.        The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

 

G.       There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all State and Town laws and ordinances.

 

H.        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.

 

I.           The home occupation shall not alter the residential character of the premises or unreasonably disturb the peace and quiet, including radio and television reception, or the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes, etc.

 

J.         Any condition established by the Planning Commission and made of record in the Home Occupation Permit, as it deems necessary to carry out the intent of this Chapter shall be met.

 

K.        All Home Occupation Permits shall be valid if acted upon within one (1) year of initial approval.  The approval shall remain valid unless compliance with any conditions attached to the approval of the home occupation ceases or there have been reported complaints, or detrimental characteristics which may, in the opinion of the Planning Commission, require termination of said home occupation, or revocation of the Home Occupation Permit.

 

L.         Retail sales on the premises shall be limited to merchandise directly related to the services offered by the home occupation; otherwise, there shall be no delivery or resale to customers of retail merchandise on the premises.

 

M.       With just cause and after reasonable notice premises shall be subject to inspection by the Planning Commission.

 

N.        All Home Occupation Permit applications require written notification of the application and the date, time, and place of the meeting where said application will be considered to all property owners within 300' of the location of the proposed home occupation.  Notification will be done by the Town.  If the proposed location includes rental property, the owners written permission is also required.

 

O.       Home occupation shall include the care of three (3) children or fewer other than members of the family residing in the dwelling or as prescribed by State Codes or regulations.

 

5.4      Fees

 

An application fee of fifty dollars ($50.00) shall accompany the initial application for a Home Occupation Permit.

 

5.5      Noncompliance

 

Any Home Occupation Permit shall be reviewed and may be revoked by the Town upon violation of any requirements of this Chapter, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within thirty (30) days of receipt of written notice thereof.  A permit shall be revoked for repeated violations of the requirements of this Chapter, notwithstanding compliance to the violation notice.

 

5.6      Appeal

 

In the event of denial of any permit, or of the revocation thereof or of objection to the limitations placed thereon, appeal may be made to the District Court.

 

5.7      Business License Required

 

A Home Occupation Permit is not a business license, and the granting of said permit shall not relieve the permittee of any other license requirement of Rockville Town or of any other public agency.

 

5.8      Utah Sales Tax License

 

If required by the State of Utah, a Utah State sales tax license will be required with Rockville Town listed as a business location.

 

5.9            Exceptions

 

If the Planning Commission deems the proposed use does not adversely affect the residential character, health, safety, and welfare of the Town, the public hearing requirement in Chapter 11 may be waived.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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