09-23-2002 Council Packet - Laserfiche WebLink

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1 Home Occupation Ordinance September 17,2002 Page 2 Recent Council interest in revisiting the home occupation issue was generated in 2001 because staff had been recommending license approval for a small number of long-standing home occupations that had one or more employees, in violation of the current code but not causing any problems. Council suggested changing the code simply to allow home occupations to have one non-resident employee under certain conditions. As a result, in 2001 Planning Commission discussions on the topic of home occupation licensing recommenced, and PC has spent significant time over the past 12 months considering the merits of various methods of home occupation regulation as well as the standards that should be applied. The result is a fresh approach to regulating Home Occupations, with the basic p'-emi'.c that such activity should only require a license when it has potential impacts on a neighborhood. Summary of Recommended Ordinance The ordinance as unanimously recommended by the Planning Commission on September 16,2002 incorporates a 2-tier system whereby non-impact home occupations (Level 1) would not need a license; and potential-impact home occupations as well as non-compliant home occupations (Level 2) would be licensed. The recommend^ ordinance contains the following elements: Section I. The licensing provisions of exising Code Section 5.40 are revised rather than deleted, and now will reference the distinction between Level 1 Home Occupations which require no license, and Level 2 Home Occupations which do require a license. Also, Subd. 4 is added which requires a public hearing and public notification for any Home Occupation license request. The idea is that if a home occupation rises to the Level 2 category, it has potential impacts worthy of public discussion. Section 2. The definition of Home Occupation is shortened to no longer include performance standards which will now be in new SectionlO.63. The definition does, however, incorporate a reference to the distinction between Level 1 and Level 2 home occupations. Section 3. The 'home occupation* listing in the R- District list of ‘Accessory Uses’ is shortened, and merely requires that home occupations comply with 10.63 and (when applicable) 5.40. Section 4. This is the meat and potatoes of the ordinance. It creates Section 10.63, a new section which includes: Subd. 1 - A purpose statement and a detailed distinction as to the difference between Level 1 and Level 2 Home Occupations. A