A. All home businesses shall be in compliance with the following criteria to ensure that the residential characteristics of neighborhoods are preserved and that utilities and infrastructure are not overburdened. Licenses may be reviewed periodically as needed and may be revoked if the approval requirements are violated:
1. Floor Area. A home business shall not occupy more than one-third (1\3) of the total floor area of a residential dwelling. Exceptions may be granted for daycares, preschools, and businesses that offer instruction classes;
2. Employees. Home businesses shall have no more than four (4) on-premises employees who are not a member of the resident family or household. Additional employees may be increased and 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;
3. Parking. All business related vehicles which park at the location of the home business, including those of the applicant, employee, customers, clients, or business related visitor vehicles, must use off-street parking. This provision excludes stops made by delivery vehicles. Additional parking requirements may be required depending on the business type and number of daily vehicles utilizing the property;
4. Outdoor Storage and Screening. See 10.17.70.13
5. If more than four (4) of the following items described below (a-f) are parked or placed on the parcel of land or lot being used as a residence, and the property is of sufficient size to accommodate the number of vehicles requested, an opaque wall or fence of acceptable design is required. Such wall or fence or landscaping shall be maintained in good condition with no advertising thereon, except as permitted by the Fairfield Towns’ signage regulations. This includes:
a. Heavy-duty
vehicles, specially designed for executing construction tasks, most frequently
ones involving
earthwork operations. They are also known as heavy machines, heavy trucks, construction equipment, engineering equipment, heavy vehicles, or heavy equipment;
b. Double axle trailers that are used to haul or transport heavy equipment and are used for storage of equipment or materials used for a commercial business or a home based business;
c. Storage of any equipment that requires a UDOT Permit number to be legally driven or transported on Utah Roads;
d. Containers used to store any kind of equipment used for a business. Must comply with zoning ordinance. Containers used as a screened area, storage or parked within Fairfield Town limits must be painted in earth tone colors and blend with its surroundings or match the aesthetics of the home; or
e. Commercial vehicles parked on the property must remain operable and licensed at all times;
6. Removal or Impoundment. Any commercial vehicle that receives three (3) or more notices or citations for violating this section within a one hundred eighty (180) day period may be moved by a peace officer or impounded at the owner's expense;
7. Outdoor Activity. All home business activity, except passive storage, shall be carried out within the home or an accessory building and shall not be observable by the general public or from the street in front of the residence, unless specifically approved in the home business license, (i.e., activities such as outdoor play time for preschools or daycare centers;
8. Hours of Operation. Home businesses that receive customers, clients, or students shall operate only between 7:00 a.m. and 8:00 p.m. Approval for such hours may be rescinded by the license official, or designee, if the operation of the business at such hours constitutes a nuisance or adversely impacts surrounding residents;
9. Hazardous Materials. No home business shall use hazardous materials or generate hazardous wastes that increase the danger of fire or cause fumes or odors that may constitute a nuisance or pose a danger to neighboring residents. Home businesses are subject to yearly inspection for compliance with the International Fire Code;
10. Noise and Light. All home businesses shall comply with Fairfield Light and Noise Ordinances. Home businesses are prohibited from generating or projecting light that is objectionable or potentially harmful to other residents;
11. All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration, or other similar feature to the premises upon which they are located and shall not inhibit the everyday use of adjacent properties;
12. Appearance. No home business shall alter the exterior of the home to differ from the residential use of colors, materials, construction or lighting. The property from which a home businesses is conducted must be in full compliance with all other Town laws, codes and Ordinances, including but not limited to landscaping and setback requirements;
13. Accessory buildings or containers used for any home business shall blend in with the characteristics of the neighborhood and exterior of the home. To be considered a home based business, any storage, sales or business use shall be conducted behind the primary residents’ home and follow all applicable requirements of this document. A home based business may be located in a garage or shop that has an exterior appearance that matches the residential dwelling and may be located to the side of the house as long as they meet all applicable requirements, including setbacks. The Fairfield Planning Commission may approve, deny or revoke a business license or a CUP, if landscaping, setbacks or any other requirements are not met. All business must be conducted inside;
14. Retail Sales. Home businesses are not to be established solely for the sale of merchandise (except for agricultural products or internet and mail-order based home businesses). Service related home businesses may conduct incidental retail sales provided that the sales do not increase traffic;
15. Traffic Generation. Traffic generation for home businesses shall not exceed three (3) clients per hour during the hours from 7:00 am - 6:00 pm.;
16. Multiple Home Business Licenses. More than one home business license may be issued for a residence provided that the home businesses or the accumulative effects of the home businesses that operate within the approved criteria do not utilize more than one third (? ) of the home;
17. Conformity with Safety Codes. Fire inspections are required for all home businesses
There shall be complete conformity with fire, building, plumbing, electrical and all other Town, County, State and Federal Codes and any requirements the Building Inspector and/or Fire Chief deem necessary to protect the health, safety, and welfare of the public. The home business shall be conducted in areas of a home where the building department has conducted the building inspections and issued a permit and all home businesses shall comply with the standards and requirements of the International Building Code or the International Residential Code;
18. Fencing. All zones in the Town of Fairfield are Fence-In Zones, “NOT” Fence-Out with exceptions. If a developer or landowner removes a fence for construction or any other reason, it Is the developer or landowners responsibility to make arrangements with the adjoining landowner to contain all animals including large and small livestock. The developer or landowner must re-erect a fence within a ten (10) day period of the removal, in the exact same place, and with material equal to or superior to the quality of what was removed. The Planning Commision may extend this period at their discretion;
19. Boundary Line Agreement. The Planning Commission may require a boundary line agreement if deemed necessary to establish setbacks. It is the sole responsibility of the property owner to obtain the agreement and not the Town of Fairfield;
20. Signage. No more than one (1) sign no larger than twenty (20) sq. feet shall be allowed. All illuminated signs must comply with the Fairfield Outdoor Lighting Standards. Sign plan and design must be included in the application; or
21. Preserve the quiet and peaceful enjoyment of surrounding properties.