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August 3, 2022

 

 

 

 

  • City council passes ordinance dealing with home business licenses

By Myrna Trauntvein
TN Correspondent

Mona City Ordinance 2022-22, dealing with home occupations, was approved by the Mona City Council following a public hearing with only two questions from residents as opposed to the last hearing on the matter which drew much interest and many questions and comments.

At that meeting, the amendments were tabled and the council met in a work session to take into consideration the comments of those present for that public hearing.

“A lot of time has has gone into this ordinance as now written,” said Randy Christensen, mayor.

Those interested in reading the ordinance in its entirety may go to the Mona City website, click on the City Government Dropdown, click on City Council Meetings and Agendas and it can be found.

Tiffinie McAfee and Mavanie Ariza had questions about what would be required of them when it came to licenses.

“Will I need both a home occupation license and a commercial license?” asked McAfee.

“If my business is home-based, do I need two licenses?” asked Ariza.

“A home business license is needed mostly for taxes,” said Alicia Hills, city recorder.

That is aside from the requirement that all home businesses, by city code, require a license.

“Your CPA might want both,” said Jay Mecham, council member. “He might want that for tax purposes.”

If a person plans to sell goods or services from the home, the home occupation business license may be referred to as a reseller’s or tax certificate.

Jay Christensen, council member, made the motion to adopt the amendments to the home occupation license code. Ron Warren, council member, made the second and by roll call vote, all voted in favor.

The amendments of the city code Section 3, Business and License Regulations was thereby adopted and the definitions of the Mona City Code was amended as follows: “Home Occupation: Any use conducted entirely within a property and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A business license does not automatically grant the privilege of conducting a business in a residential dwelling unit.”

The approval of the application was also changed: “In the event the city approves a business license, the business license shall be signed by the recorder and forwarded to the applicant.”

“’Home occupation’ means any use conducted entirely within a property and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A business license does not automatically grant the privilege of conducting a business in a residential dwelling unit.”

The code also now specifies that a home occupation license is required.

Also added is that an application for a home occupation license “shall be made in writing to the city recorder.”

An item dealing with procedure was added.

“The Mona City Council may, upon application, grant a home occupation license which shall state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon. The license shall not be issued unless the applicant is in compliance with each one of the conditions listed in city ordinance and state law, and that the applicant has agreed in writing to comply with all said conditions. All certificates of license shall be signed by the city recorder under the seal of the city.”

Mona City Code Conditions were also added: “As a prerequisite to the issuance of a home occupation license, conditions must be observed at all times by the licensee and the licensee shall comply with the following: a home occupation is listed as a permitted use in the Residential (R-1), Combined Use (C-U), and Commercial/Industrial Use (CIU-2) districts.

The home occupation is conducted entirely within the property and will contain no facilities for the display of goods. “Any sale of goods shall constitute a clearly incidental part of the operation of the home occupation,” reads the code.

No commercial vehicles are to be used except one delivery truck which does not exceed 26,000 pounds or requires a CDL; the home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling; and signs must abide by Mona City Code.

The entrance to the home occupation from outside must be the same entrance normally used by the residing family except when required otherwise by regulation of the state health department or other public agency, the physical appearance, traffic, and other activities in connection with the home occupation are not to be contrary to the intent of the zone in which the home occupation is located and do not depreciate surrounding values.

“The nature of home occupation shall not require any modification of the residential structure to comply with the provisions of the building, mechanical, electric, plumbing or fire codes,” it reads. “The home occupation will not be conducted at a level which will require the providing of off-street parking for no more than two hours to accommodate the patrons.”

“Home occupations in violation of the statutes of this code will be required to cease operations and may be subject to a fine,” reads the code. “The home occupation shall have no more than four employees.”

The responsibility for obtaining a license was added to read: “It shall be the responsibility of a person engaging in home occupation within the city to voluntarily apply for and maintain in full force and effect a valid home occupation license and a valid business license from Mona City.”

Revocation language was also added: “Home occupation licenses issued under the provisions of this chapter may be revoked by action of the city council because of failure upon the part of the licensee to comply with the conditions and requirements under which said license is granted or because of illegal activities thereunder.”

However, before revoking the license, the city council will hold a public hearing on the matter.

Business license fees are due and payable upon making application to the Mona City Office. The application will not be processed until the fee is paid.

A licensee not in compliance with Mona City business license conditions will have the license revoked and may be charged a civil fine as determined by the Mona City fee schedule