Planning Commission Mtg

Mayor Kenneth Romney WEST BOUNTIFUL Chairman PLANNING COMMISSION Alan Malan City Engineer/ Land Use Administrator 550 North 800 West Commissioners Kris Nilsen West Bountiful, Utah 84087 Dell Butterfield Laura Mitchell City Recorder/ Phone (801) 292-4486 Community Corey Sweat FAX (801) 292-6355 Dennis Vest Development www.WBCity.org Cathy Brightwell THE PLANNING COMMISSION WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, AUGUST 22, 2023, AT THE CITY OFFICES. 1. Prayer/Thought – Commissioner Sweat; Pledge of Allegiance – Commissioner Butterfield. 2. Confirm Agenda. 3. Discuss Home Occupation Business Regulations and Uses. 4. Discuss Detached Accessory Dwelling Units. 5. Meeting Minutes from August 8, 2023. 6. Staff report a. Engineering (Kris Nilsen) b. Community Development (Cathy Brightwell) 7. Adjourn. ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), emailed to planning commissioners, and provided to the Davis Journal on August 18, 2023, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commission DATE: August 18, 2023 FROM: Cathy Brightwell, Kris Nilsen RE: Home Occupation Business License Uses _______________________________________________________________________________ This memo continues the discussion of home occupation regulations and uses as previously considered by the planning commission at its June 9, July 25, and August 8, 2023, meetings. The attached exhibit incorporates those comments and makes additional suggestions to provide a basis for continued discussion. Background The city council has asked the planning commission to review zoning and home occupation regulations and propose recommendations to eliminate conflicts. They also suggest a determination of the types of businesses that can be allowed as home occupations and those that should be prohibited. Summary of Previous Discussions Updates related to previous discussions are shown on the attached Exhibit in red, and items still needing attention are highlighted in yellow. The draft has been submitted to Mr. Doxey for legal review. Additional Discussion Items One item still requiring discussion has to do with private schools in residential areas. Staff was asked to review the previous decisions that were made when the topic was considered in 2022. At its April 26, 2022 meeting, the planning commission discussed a proposal to consider places of worship or primary schools (private, parochial, and homeschool pods) as conditional, or to define quasi-public uses as “a use operated by a private non-profit, educational, religious, recreational, charitable, or philanthropic institution; generally, such uses have the purpose of primarily serving the public, such as churches, private schools, universities, and similar uses.” The planning commission decided to deny the proposed text change. They said it is not about the city not wanting a private school, but about finding a location that fits. They said there is likely a place within the city for this type of application and they are willing to give it more consideration in a different location that does not cause disruption to a residential area. At its May 3, 2022, meeting, the city council also denied the request for text change and directed the planning commission to explore where private schools might be allowed in the city, including defining the terms public/quasi-public and/or creating an overlay zone specific to the use. The suggestion for an overlay zone was thought to be a way to limit the area needed and have specific parameters tied to the use. An additional use for consideration is storage units/facilities. If businesses are allowed in garages or accessory structures, can a resident rent out space for personal storage, vehicles, boats, trailers, etc., if it complies with the square footage restrictions? 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  Exhibit August 18, 2023 WBMC 17 ZONING 17.04.030 Definitions "Home occupation" means an occupation of a person which is carried on by that person and/or others within the same family entirely within the dwelling unit in which the person or persons reside and which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character, of the dwelling or of the neighborhood. The home occupation shall not involve the use of any accessory building, either attached or detached, or yard space or activity outside the main building or use of more floor area than the equivalent of fifteen (15) percent of the main floor area of the dwelling unit, nor shall it involve the installation in the dwelling of special equipment and/or fixtures, and plumbing or electrical wiring or such special fixtures or equipment which are not ordinarily or customarily used in a dwelling; provided, however, that outside private swimming pools may be used for swimming instruction if the instruction is given only by members of the family related by blood, marriage or adoption who are residing within the dwelling. Neither shall a home occupation involve the use of any part of a dwelling for which, by reason of any state, federal or local law or ordinance, special or extra entrances or exits, or special rooms are required as a prerequisite condition to the operation of such use or for which such laws or ordinance require a license or permit. The planning commission may impose additional conditions pursuant to a conditional use permit. ---------------------------------- WBMC 5.04 BUSINESS LICENSES IN GENERAL 5.04.010 Definitions “Business” means all activities engaged in within the corporate limits of West Bountiful carried on for the purpose of gain or economic profit, except that employees rendering service to employers shall not be considered to be engaging in business unless otherwise specifically prescribed. "Engaging in business" means the sale of tangible personal property or the rendering of personal services for others for a consideration by persons engaged in any trade, craft, business, occupation, profession or other calling, except the rendering of personal services by an employee to his or her employer under any contract of personal employment, but includes the operation of storage buildings or storage warehouses for the storing of motor vehicles, trailers, boats, and other household equipment or personal property. “Home Occupation” means a business operated in a dwelling or structure on a residential property by the resident of the property. 5.04.040 License Fee Levied The license fee payable by persons engaging in or carrying on any business within the city shall be periodically fixed by resolution of the city council and listed in the city’s Consolidated Fee Schedule. -------------------------- 1 WBMC 5.28 HOME OCCUPATIONS 5.28.010 Definitions Scope 5.28.020 License Required Purpose 5.28.030 Application For License 5.28.040 RequirementsSpecific Businesses to be Conditional 5.28.050 Exemptions to LicenseSpecific Businesses Prohibited 5.28.060 Requirements 5.28.070 Exemptions To License 5.28.080 Noncompliance; Revocation And Suspension Of Permit 5.28.090 Home Occupation Business License Renewal And Delinquency 5.28.100 License Not Transferrable 5.28.010 Definition/Scope (new) "Home occupation" means any occupation conducted within a dwelling and carried on only by persons residing in the dwelling, which is clearly incidental and secondary to the use of the dwelling and for which a Home Occupation Business License has been issued by West Bountiful City. The requirements of this Chapter shall apply to any home occupation conducted within the city. Home occupations may be conducted only in residential or agricultural zones, or within homes qualifying as a prior nonconforming use. The provisions of the Chapter shall not be construed to limit or prohibit any other requirements of this Title, of the West Bountiful Municipal Code, or of other governing laws. 5.28.020 License RequiredPurpose (new) The purpose of this chapter is to protect the residential character and lifestyle of residential zones within West Bountiful City To ensure compliance with this chapter, a Home Occupation Business License must be obtained from West Bountiful City before a person may use any part of a dwelling in a residential zone for a home occupation. Under certain circumstances provided in Section 5.28.030, a conditional use permit must also be obtained. The purpose of this chapter is to ensure that home occupations remain incidental and accessory to the residential use within the dwelling or on the dwelling site and that any coincidental nuisance remains within the dwelling or on the dwelling site. 5.28.030 Application For License A. A Home Occupation business license application may be obtained from the city offices or from the city website. Each application shall be submitted to the city recorder and accompanied with by payment of the business license application feeas provided in 5.04.040. B. It is unlawful for any person to provide false information to the city in relation to the application for, issuance of, or continuation of, a business license, or to knowingly cause or permit the same to be done. C. The applicant shall give written notice of the nature and description of the home occupation to all property owners within 300100 feet (or, adjacent property owners including those directly across the street) of the exterior boundaries of the property upon which the home occupation is to be conducted. Evidence of the required notice must be supplied to West Bountiful City as part of the Home Occupation Business License Application. If the home occupation requires a conditional use permit, notice will be increased to properties within 300 feet of the exterior boundaries of the property on which the home occupation is to be conducted. D. Except as provided in subsection E, the City Recorder may issue the Home Occupation Business License when: 2  1. The requirements of 5.28.040 this Chapter have been satisfied; or 2. If a conditional use permit is required from the Planning Commission, the permit has been issued, the conditions of that permit have been satisfied, and the applicant has agreed to the conditions in writing. E. Notwithstanding subsection D, the applicant must also apply for a conditional use permit and pay the application fee for review and approval by the Planning Commission under Chapter 17.60 if any of the following apply: 1. The home occupation requested conflicts with the minimum requirements provided in Section 5.28.060; 2. The City Recorder determines that approval of the application may conflict with the intent of this chapter without imposing additional conditions; or 3. The specific business use is listed in Section 5.28.040. 4. The applicant or City receives a notice of protest to the application; or 5. The Home Occupation Business License Application is for a day care, nursery, or preschool, which must follow Utah Department of Health regulations for child day care including, but not limited to, a background check. 5.28.040 Specific Businesses to be Conditional (NEW) Notwithstanding any provision of this chapter to the contrary, the following uses are conditional, and require a conditional use permit approved by the planning commission prior to issuance of a business license – except when on-site operations are limited to office related functions. 1. Day care, nursery, or preschool, which must follow comply with the Utah Department of Health, Bureau of Child Care Development regulations. including, but not limited to, a criminal background check of the applicant. 2. Automobile and truck engine repairs (gas & diesel?). 3. Boat, motorcycle, snowmobile, off road vehicle, and similar small engine equipment repairs. 4 Towing and trucking, except where on-site operations are limited to office-related functions. 5. Furniture or cabinet making. 6. Welding or machine shop. 7. Hairstylist, barber, esthetician services, massage therapy, etc. 8. Contractors, landscapers, and tree services., except where on-site operations are limited to office- related functions. 9. Group instructional services such as music, art, dance, yoga, swimming, sports, etc. 10. Other occupations that are demonstrated to be substantially similar to the above. 5.28.050 Specific Businesses Prohibited (NEW) Notwithstanding any provision of this chapter to the contrary, the following uses cannot qualify as home occupations: 1. Motor vehicle sales, rentals, and outdoor storage of vehicle inventory. 2. Body work, painting, detailing, or fiberglass repair on vehicles, boats, or similar… 3. Funeral chapels and mortuaries. 4. Gift shops. 5. Restaurants. 6. Kennels (except as permitted in A-1 and A-S zones), veterinary services, or animal daycare; 7. Mobile Toilet business; 8. Sexually-oriented businesses. 9. Retail tobacco specialty businesses. 10. Retail e-cigarette specialty businesses. 11. Medical Cannabis pharmacy (except as permitted in the A-S zone). 3  12. Cannabis production establishment (except as permitted in the A-S zone). 13. Any business that is prohibited in the City’s commercial or industrial zones. More discussion needed on private schools and storage facilities. 5.28.060 Requirements A. A person who is not a resident of the dwelling shall not be employed to work on the premises. B. The home occupation must be clearly incidental and secondary to the use of the dwelling or structure in which it is located and may not change its purpose or character. C. The home occupation shall not involve the use of any part of a dwelling or structure for which by reason of state, federal or local law or ordinances, special or extra entrances or exits or special rooms are required as a prerequisite condition to the operation of such use or for which said laws or ordinances require a license or permit, except as approved by the Planning Commission. D. More than one Home Occupation Business License may be issued if the additional businesses will function as one business operation and if after review, it is specifically determined that the total of all businesses will not have an impact on the community greater than one business. E. The home occupation shall not involve the use of more than the equivalent of fifteen (15) percent of the main total used floor area of the dwelling. nor involve the installation of special equipment and/or fixtures, plumbing or electrical wiring for such special fixtures or equipment which are not ordinarily or customarily used in a dwelling, unless otherwise approved by the Planning Commission. F. Inventory or supplies may not occupy more than fifty (50) percent of the permitted area. No storage of merchandise, equipment, or materials shall occur outside the home or an approved garage or accessory structure. The home occupation must be operated entirely within the approved dwelling, except that 25% of a garage or accessory building or structure on the same property as the dwelling may be used, so long as it does not change the residential character of the lot or would otherwise be contrary to the purpose of this chapter. G. Additional conditions may be imposed by the Planning Commission if the garage or accessory structure is to be used for: 1. Storage of chemicals or tanks; or 2. Storage of equipment or vehicles. H. If a home occupation is authorized for a garage, off-street parking arrangements in compliance with this title must exist for any personal vehicles owned and/or operated by the applicant. Off-street parking will be provided for both personal vehicles and business customers. I. With the exception of drop-offs or pick-ups associated with an instructional occupation, on-street parking at any location other than directly adjacent to the approved site is prohibited. J. Yard space may not be used for home occupation activities, except: a. Outside private swimming pools may be used for swimming instruction if the swimming instruction is given by a bona fide resident of the dwelling. b. Yard space may be used for day care provided the yard is entirely fenced. 4  c. Yard space may be used for other similar activities that will not alter the residential nature of the neighborhood in which the home occupation will be conducted. d. In no event shall outdoor storage be permitted in relationship to the Home Occupation Business License. K. In no event shall outdoor storage be permitted in relationship to the for a Home Occupation Business License. (What is outdoor storage? A small trailer? A business vehicle? Etc.) L. Business operation shall be limited to the hours between 7:00 am and 10:00 pm, unless shorter hours are set by the planning commission. M. The home occupation must comply with all fire, building, plumbing, electrical and health codes and all federal, state and local laws. N. The home occupation may not cause or create a demand from municipal or utility services or community services, including traffic, in excess of those usually and customarily provided for in residential uses. Home occupations which will generate additional traffic or parking in excess of those usual and customary residential uses require Planning Commission approval. O. The home occupation may not be a nuisance or cause undue disturbance to the neighborhood. P. The home occupation may not alter the residential character of the premises or unreasonably disturb the peace and quiet, including radio and television reception, of the neighborhood by reasons of color, design, materials, construction, lighting, odors, sounds, noise, or vibrations. Q. Merchandise, goods, or customer services may not be advertised or otherwise visible from the exterior of the building in which the home occupation is operated. R. Signs, advertising or displays of any kind mayshall not be visible from the public streets or from the exterior boundaries of the property on which the home occupation is conducted. S. The home occupation shall be operated in a manner that complies with any special conditions established by the Planning Commission and made part of the record in connection with the application for a conditional use permit, as the Planning Commission deems necessary to carry out the provisions and intent of this chapter and Chapter 17.60. T. Home occupations requiring State or Federal licensing must be in compliance with all State and Federal regulations before a Home Occupation Business License will beis issued. 5.28.070 Exemptions To License The following uses are exempt from the provisions of this chapter: 1. Sale of goods or services by City residents age 14 and under which sale of goods or services does not conflict with other sections of this Code; 2. Temporary home occupations such as garage sales, yard sales, or craft boutiques that occur not more than four (4) times a year with each event lasting not more than seventy-two (72) hours; 3. Promotional meetings for the purpose of taking orders for merchandise, by invitation only, which occur not more than once per month; 4. Community/neighborhood fund raisers which are sponsored and/or approved by City staff; 5  5. Any person engaged in business for solely religious, charitable or other type of strictly nonprofit purpose who is tax-exempt in such activities under the laws of the United States and the State of Utah; 6. Any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the State of Utah; 7. Any person selling, offering for sale, or taking orders for or soliciting the sale of any farm products, but not including dairy products, actually produced, raised or grown by the person so selling, offering for sale or taking orders for, or soliciting the sale of any such farm products; and 8. Other exemptions as specifically approved in writing by the City Council. 5.28.080 Noncompliance; Revocation And Suspension Of Permit The City Recorder may revoke or suspend, or decline to renew, a Home Occupation Business License for a violation of any of the requirements of this chapter, or for failure of the licensee to comply with the conditions of the license. The City Recorder may suspend the license temporarily to give the license holder a specified reasonable period of time to cure deficiencies. The Planning Commission may revoke, suspend or modify the conditional use permit associated with a Home Occupation Business License for violation of any of the requirements of this chapter or Chapter 17.60, or the conditions of the permit; or for failure of the permit holder to maintain the Home Occupation Business License. The Planning Commission may suspend the permit temporarily to give the permit holder a specified reasonable period of time to cure deficiencies. If such deficiencies are not cured by the specified period of time, the Planning Commission shall revoke the conditional use permit associated with the Home Occupation Business License. During the period of suspension, the Planning Commission may impose any restrictions or conditions upon the permit holder, including cessation of all activities. 5.28.090 Home Occupation Business License Renewal And Delinquency A Home Occupation Business License is subject to annual renewal, with the license year being the calendar year. A Home Occupation Business License shall be renewed annually provided there have been no confirmed violations or detrimental effects which may, in the opinion of the City Recorder, require termination, or planning commission review if the home occupation was approved as a conditional use. All license fees provided herein shall be due and payable on or before January 15th of any calendar year, or before commencing a new business. In the event any fee is not paid on or before such date, a penalty of fifty (50) percent of the amount due shall be imposed and shall become a part of the license fee imposed by this chapter. The date of delinquency and the amount of the penalty may be amended periodically by resolution of the City Council provided that the amended date and penalty shall be prospective only, effective the next calendar year. 5.28.100 License Not Transferrable No license granted or issued under the provisions of this chapter shall in any manner be assignable or transferable or authorize any person other than the licensee named therein to do the business specified in the license. 6  MEMORANDUM TO: Planning Commission DATE: August 18, 2023 FROM: Cathy Brightwell, Kris Nilsen RE: Detached Accessory Dwelling Units _______________________________________________________________________________ The planning commission has suggested consideration of detached ADUS for some time. This memo begins the discussion on whether they are a good fit for West Bountiful and if so, what protections and regulations should be considered. Background - ADUs, within or attached to a single-family dwelling, have been allowed for many years in West Bountiful. - The Utah Legislature has promoted ADUs as an alternative housing option. - Surrounding cities have adopted regulations to allow detached ADUs (Bountiful, North Salt Lake, Farmington, Layton) - The General Plan encourages consideration of a variety of housing types to be able to meet the needs of a variety of residents. Goals include meeting the demands of all stages of the life cycle, including starter and senior housing, where appropriate, including ADUs. Listed benefits include providing affordable rental housing and allowing first-time homeowners to gain access to homes that would otherwise be out of reach by renting out an additional unit. Why Should Detached ADUs be Considered? - Allow opportunities for property owners to provide social support for family members where independent living is desirable. - Provide for affordable housing opportunities. - Make housing units available to moderate income people who might otherwise have difficulty finding homes within the city. - Provide opportunities for additional income to offset rising housing costs. Staff is looking for guidance from the planning commission on what direction to take as it begins to research the issue. For example, 1. Allow D-ADUs in all residential areas or limit them to certain areas of the city? 2. If allowed, should size be limited? For example, maximum 1200 sf? 3. If allowed, should there be a limit as to how many on a property? 4. Similar to existing ADUs, should owner be required to live on property? 5. What kind of parking requirements should there be? 6. Should there be architectural design requirements? 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  1 West Bountiful City August 8, 2023 2 Planning Commission Meeting 3 PENDING – NOT APPROVED 4 Posting of Agenda - The agenda for this meeting was posted on the Utah Public Notice website, on the 5 West Bountiful City website, and at city hall on August 4, 2023, per state statutory requirement. 6 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, August 8, 2023, at 7 West Bountiful City Hall, Davis County, Utah. 8 Those in Attendance: 9 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Dell 10 Butterfield, Laura Mitchell, and Council member Kelly Enquist. 11 STAFF ATTENDING: Cathy Brightwell (Recorder) and Debbie McKean (Secretary). Kris Nilsen (City 12 Engineer) joined the meeting at 8:45 pm. 13 VISITORS: Aimee Hinojosa, Dannie McConkie. 14 The meeting was called to order at 7:30 pm by Chairman Malan. 15 1. Invocation by Commissioner Sweat 16 Pledge of Allegiance- Commissioner Butterfield 17 18 2. Confirm Agenda 19 Chairman Malan reviewed the proposed agenda. Corey Sweat moved to approve the agenda as 20 presented. Dell Butterfield seconded the motion. Voting was unanimous in favor among all members 21 present. 22 23 3. Home Occupation Business Regulations and Uses. 24 25 Commissioner packets included a memorandum dated August 4, 2023, from Kris Nilsen and Cathy 26 Brightwell regarding Home Occupation Business License Uses with an attached redline Exhibit of 27 affected sections of the West Bountiful Municipal Code previously considered by the planning 28 commission at the June 9, and July 25, 2023, meetings. The exhibit blends those comments and suggests 29 additional ideas to provide a basis for continued discussion. 30 31 The planning commission reviewed and discussed the entire Exhibit and after much discussion created a 32 list of conditional and prohibited uses for Home Occupations. A new definition of Home Occupation, 33 Purpose, and Scope was also added, along with other clarifications. Changes are listed below. 34 35 5.04.010 Definitions 36 “Home Occupation” means a business operated in a dwelling or structure on a residential property by 37 the resident of the property. 38 39 5.28.010 Purpose The purpose of this chapter is to ensure that home occupations remain incidental and 40 accessory to the residential use within the dwelling or on the dwelling site and that any coincidental 41 nuisance remains within the dwelling or on the dwelling site. 42 1 43 5.28.020 Scope 44 The requirements of this Chapter shall apply to any home occupation conducted within the city. Home 45 occupations may be conducted only in residential or agricultural zones, or within homes qualifying as a 46 prior nonconforming use. The provisions of the Chapter shall not be construed to limit or prohibit any 47 other requirements of this Title, of the West Bountiful Municipal Code, or of other governing laws. 48 49 5.28.030 Application for License 50 C. It was decided to reduce the distance requirement for notification of neighbors for a standard home 51 occupation from 300 ft to 100 ft. In the case of a home occupation requiring a conditional use permit, 52 the 300 ft distance still applies. 53 54 D. Some discussion took place regarding whether to require a written notification of consent from the 55 property owner in the case of a renter applying for a home occupation license. Dennis Vest felt it should 56 be in writing. Cathy Brightwell pointed out that that information is currently required on the application. 57 Corey Sweat stated that the rental agreement between the renter and property owner should be the 58 vehicle used and that it should not be the responsibility of the city. The majority of commissioners 59 concurred that a written statement of approval from the property owner is not necessary. 60 61 5.28.040 Specific Businesses to be Conditional 62 Notwithstanding any provision of this chapter to the contrary, the following uses are conditional, and 63 require a conditional use permit approved by the planning commission prior to issuance of a business 64 license, except when on-site operations are limited to office related functions. 65 1. Day care, nursery, or preschool, which must comply with the Utah Department of Health, Bureau 66 of Child Care Development regulations. 67 2. Small engine repairs related to boats, motorcycles, snowmobiles, OHV vehicles, and equipment 68 repairs. 69 3. Boat/Auto repair, body work, painting, detailing or fiberglass repair. 70 4. Towing and trucking. 71 5. Furniture or cabinet making. 72 6. Welding or machine shop. 73 7. Hairstylist, barber, esthetician services, or massage therapy. 74 8. Contractors, landscapers, tree services, and trucking businesses, except where on-site operations 75 are limited to office-related functions. 76 9. Group instructional services such as music, art, dance, yoga, etc. 77 10. Other occupations that are demonstrated to be substantially similar to the items in this 78 subsection. 79 80 5.28.050 Specific Businesses Prohibited 81 Notwithstanding any provision of this chapter to the contrary, the following uses cannot qualify as home 82 occupations: 83 1. Motor vehicle sales, rentals, and outdoor storage of vehicle inventory. 84 2. Vehicle body work, painting, detailing or fiberglass repair on vehicles/boats or similar items. 85 3. Funeral chapels and mortuaries. 86 4. Gift shops. 87 5. Restaurants. 88 6. Kennels (except as permitted in A-1 and A-S zones), veterinary services, or animal daycare; 89 7. Porta Potty businesses. 90 8. Sexually-oriented businesses. 2  91 9. Retail tobacco specialty businesses. 92 10. Retail e-cigarette specialty businesses. 93 11. Medical Cannabis pharmacy (except as permitted in the A-S zone). 94 12. Cannabis production establishment (except as permitted in the A-S zone). 95 13. Any business that is prohibited in the City’s commercial or industrial zones. 96 14. Private Schools – needs more discussion. 97 98 5.28.060 Requirements 99 100 D. More than one Home Occupation Business License may be issued if after review, it is specifically 101 determined that the total of all businesses will not have an impact on the community greater than 102 one business. (removed the restriction that they must function as one business operation) 103 E. The Home Occupation shall not involve the use of more than the equivalent of 15% of the total 104 used floor area of the dwelling. (removed the restriction for installation of special equipment, 105 fixtures, plumbing or electrical wiring, etc.) 106 F. (Eliminated the restriction for no more than 50% of inventory or supplies in the permitted area.) 107 H. Off-street parking will be provided for both personal vehicles and business customers. 108 I. With the exception of drop-offs or pick-ups associated with an instructional occupation, on-street 109 parking at any location other than directly adjacent to the approved site is prohibited. 110 L. Business operation shall be limited to the hours between 7:00 am and 10:00 pm, unless shorter 111 hours are set by the planning commission. 112 113 5.28.070 Exemptions to License - This section was reviewed and accepted as presented. 114 115 5.28.080 Noncompliance; Revocation and Suspension of Permit 116 117 Added a sentence that allows the city recorder to temporarily suspend a home occupation business 118 license to give the license holder a specified reasonable period of time to cure deficiencies. 119 120 5.28.090 Home Occupation Business License Renewal and Delinquency 121 122 - Clarified that the license term is the calendar year. 123 - Deleted language regarding paying fees as the city does not charge for a home occupation 124 business license. 125 - Added language: A Home Occupation Business License shall be renewed annually provided there 126 have been no confirmed violations or detrimental effects which may, in the opinion of the city 127 recorder, require termination, or planning commission review if the home occupation was 128 approved as a conditional use. 129 130 5.28.100 License Not Transferrable- Upon review this section was accepted as submitted. 131 132 133 After completion of the review, Commissioners asked staff to create a new clean copy of the changes 134 made this evening and send it to legal counsel for review. A public hearing will be scheduled for 135 September 22nd. Staff will send the clean copy out to the commissioners for their review before the 136 public hearing. 137 138 3 139 4. Consider Meeting Minutes from July 25, 2023. 140 141 Action Taken: 142 Laura Mitchell moved to approve the minutes from July 25, 2023. Dennis Vest seconded the motion 143 and voting was unanimous in favor. 144 145 5. Staff Report 146 147 a. Engineering (Kris Nilsen) 148 • The Hugoe’s called today regarding their two-lot subdivision on 400 North and will be 149 moving forward. 150 • Inspections on Google Fiber construction clean-up are taking place. Public works will walk 151 the city to do their inspections due to a large number of complaints from residents. 152 • Public Works are slowly moving into the new public works facility and the city council is 153 supportive of using the left-over bond funds to make improvements to 1200 North due to 154 the very low interest rate. 155 • There is a big push to get 660 West ready and out for bid next year. 156 • The Paget’s have finished the curb, gutter and sidewalk project in front of their property on 157 1000 North and it looks great. 158 159 b. Community Development (Cathy Brightwell) 160 • Annual Training – The State Land Use Ombudsman office was funded to hire a training 161 coordinator to help identify available training opportunities for planning commissioners to 162 meet their annual requirements. They will put together a list of classes that can be taken. In 163 the meantime, they have offered to come and provide training on subjects the commission 164 may have interest in. They suggested a work session format prior to the regularly held 165 meeting. Commissioners were supportive and it was decided to hold the meeting on 12th of 166 September at 6:30 pm, with dinner included. 167 • At last week’s city council meeting, 168 - Doug Coons subdivision was approved, with conditions, and 169 - Avalanche Soccer Association made a pitch for city land on 1200 North to be used for 170 soccer fields. They are in desperate need of a minimum of 6-7 outdoor fields and a 171 small indoor facility. 172 173 6. Adjourn. 174 175 Action Taken: 176 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 9:10 pm. 177 Corey Sweat seconded the motion. Voting was unanimous in favor. 178 ...................................................... 179 The foregoing was approved by the West Bountiful City Planning Commission on August 22, 2023, by 180 unanimous vote of all members present. 181 ____________________________________ 182 Cathy Brightwell – City Recorder 4