1. Any use that requires or utilizes chemicals or hazardous materials in excess of volumes allowed by the International Fire Code in a dwelling;

2. Auto body or fender work;

3. Junkyards, storage or recycling yards;

4. Mortuaries and crematoriums;

5. Sexually oriented businesses;

6. Welding or machine shops.

1. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

2. The owner of the home occupation business must reside in the dwelling or be an immediate family member of the resident of the home, i.e., mother, father, son, daughter.

3. The use must follow all applicable state, county and city fire, building, plumbing, electrical, and health codes and/or ordinances.

4. The use must be inspected to determine continued compliance with the provisions of all state, county and city laws and/or ordinances.

5. The home occupation must be licensed as a valid business in West Point City.

6. Home occupation license fees shall be established from time to time by the city council by resolution. All annual license fees shall be due and payable before the first day of January of each year. License fees are not rebatable.

1. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.

2. No more than 300 square feet, or 20 percent of the gross floor area of the dwelling, may be used for home occupations. (The least restrictive shall apply.) Accessory buildings as allowed in the zoning may be used for home occupations as permitted but include no outside storage. Home occupations shall occupy no more than five percent of the lot area.

3. There shall be no signs present on the property except for one unlit wall sign, not to exceed two square feet, indicating the address and the occupant’s name/business, for example, “John Doe – Accountant.”

4. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products; provided, that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

5. Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.

6. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted, without a permit, not more than twice a year, and each sale shall not last more than two consecutive days.

7. Two vehicles, including trailers and/or equipment, may be associated with the minor home occupation; however, only one vehicle/trailer/piece of equipment over 22 feet in length shall be used in a minor home occupation. Vehicles over 22 feet in length shall not be parked on the street nor within a yard abutting a street. Trailers/equipment shall not be parked in a yard abutting a street.

8. The use shall be conducted primarily within the dwelling site and carried on by up to one additional family member, not living in the home, and one nonfamily member employee.

9. A permit for a home occupation is valid for only the original applicant and is not transferable to any resident, address or any other occupation. Upon termination of the applicant’s residency, the home occupation permit shall become null and void. Permits shall be tracked through the required business license.

10. Minor home occupations include, but are not necessarily limited to, the following: artists, authors, architectural services; single-chair beauty parlors and barber shops; consulting services, craft sales; organized classes such as dance, music, tutoring, etc. (provided the number of students is limited to two at a time); direct sales distribution; data processing, computer programming; home crafts (crafts will be sold off site); garden produce; janitorial; insurance sales or broker, interior design, small business contractors; mail order (not including retail sales from site); real estate sales or broker.

1. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

2. Up to three commercial vehicles or trailers may be kept on site, provided they are parked on private property, out of the front yard, and adequately screened by a six-foot opaque fence. One vehicle, larger than one ton, may be considered, if parked in the back yard and screened with a six-foot opaque fence.

3. Up to 30 percent of the home or the entire accessory building may be used for the home occupation, except that preschools, instructional studios, and daycares, may increase this percentage to 50 percent of the home or 100 percent of a detached accessory building. No maximum square footage applies, except in the case of an accessory building, which is regulated by the size of the lot.

4. Preschool home occupations shall have a play area, fenced from the street and a fire inspection performed to ensure the safety of the children.

5. Up to three employees may be employed on or report to the premises; provided, that adequate parking is provided on private property and screened from all abutting residential dwellings. Tandem parking is allowed, and such parking shall be located out of the front yard. Residential lots must be large enough to accommodate one parking space for each employee that does not live in the dwelling.

1. The instructor shall be a bona fide resident of the premises where the home occupation is conducted.

2. For purposes of this section, a group shall be defined as three or more students attending a session.

3. The number of classes shall be limited to two sessions per day. The sessions must be separated by at least 30 minutes to allow adequate time for pick-up and drop-off.

4. Residential Preschools. Residential preschools may be allowed by conditional use permit in all zones. The following regulations shall apply to all residential preschools:

1. The child care shall comply with all regulations of the state of Utah. A child care provider who cares for one to eight children shall obtain a State Residential Child Care Certificate. A child care provider who cares for nine or more children shall obtain a state license. More than eight children may be considered if a second adult is employed on the premises.

2. If a second adult is employed by the child care provider they shall submit to the city of West Point a background criminal investigation which was produced by a law enforcement agency. This employee must also receive professional training in first aid and cardiopulmonary resuscitation (CPR) and shall provide evidence of this training to the city.

3. Off-street parking shall be provided for the residents and employees as required by the planning commission.

4. Day care facilities must have a play area fenced from the street and a fire inspection performed to ensure the safety of the children. [Ord. 08-17-2021B § 2 (Exh. A)].