A. Business License Requirements and Exemptions. All persons within the limits of Fairfield Town who engage in, carry on, or operate a business from a residence shall obtain the appropriate business license from the Town, unless exempted through state or federal laws.
B. Section 10-1-203 7(b) of the Utah Code provides that a municipality may not charge any fee for a resident of the municipality to operate a home-based business, unless the combined offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone. Personal services rendered at home by an employee for his or her employer under any contract of personal employment do not constitute a home business.
C. Home based businesses shall be a permitted use in the residential zone if found to be in compliance with all criteria enumerated in this chapter. Town Council may approve a home business license with conditions to ensure compatibility between the proposed business and the residential use of the property or adjacent properties.
D. Applications. An application for a home business license shall be completed by the applicant on forms approved by the Planning Commission. No home business license shall be processed without the application, supporting materials, and the fee required by the current consolidated fee schedule. Incomplete applications shall not be processed under any circumstances.
E. Supporting Materials. The home business license application shall be submitted with the materials required herein. The Planning Commission or designee may determine and require that additional items not listed herein be submitted in order to evaluate the home business application. There shall be complete conformity with all other County, State and Federal licensing. Home based businesses are required to register with the State of Utah Department of Commerce.
F. Professional Licenses and Background Checks. The Town licensing official shall inform applicants if a professional license is required. When a background check is required, the applicant shall fill out the "Fairfield Authorization for a Background Check Form" that is included in the home business application packet and pay the accompanying background check fee. see the Fairfield Fee Schedule.
G. Fee. The processing fee required by the current consolidated fee schedule approved by the Town Council shall be paid in full with the submission of an application.
H. Approval process:
1. License applications shall be submitted along with a check for all required fees to the Town Recorder
2. Planning Commission shall review application;
3. Planning Commission shall hold a Public Hearing;
4. Planning Commission shall send their recommendations to the Town Council;
5. Town Council shall review and approve, approve with conditions or disapprove the application;
6. Home business licenses shall be approved by the Town Council. Any petition for a minor exception from the standards listed in Fairfield Town (A) through (F) of this section may be approved administratively at the discretion of the Planning Commission if the exception does not adversely impact surrounding residents or affect the residential characteristics of the neighborhood, or significantly increase traffic or the demand on utilities. Any other petition for an exception from the standards in this chapter requires approval by the Town Council before the license may be issued or renewed; and
7. Any home business currently in operation that constitutes a nuisance may also be required to go before the Planning Commission for continued use of the license and operation of the business. If the Planning Commission denies the continued use of the license, the license shall not be renewed.