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03-18-2002 Planning Packet
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03-18-2002 Planning Packet
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#2333 Home Occupations <br />February 15,2002 <br />Page 2 <br />Draft Ordinance Summary <br />Section I. Section 1 eliminates the Section 5.40 provisions for home occupation licensing. Under <br />the amendment as drafted, home occupations will no longer be licensed. <br />Section 2. Section 2 revises the current definition ofHomc Occupation in 10.02. The new definition <br />eliminates most of the performance standards that were in the old definition. <br />Section 3 . Section 3 revises the “Home Occupation” accessory use entry as it appears in the list of <br />R-IA allowed accessory uses. The new language no longer lists the performance standards but <br />references Section 10.63, indicating that all nome occupations must meet the special provisions of <br />Section 10.63. <br />Section 4 . Section 4 adds Section 10.63 to the Zoning Code, entitled “Home Occupations". This <br />is a separate section being added much in the same manner we added regulations for Adult Uses a <br />few years ago. Section 10.63 includes: <br />Subd. 1, the Purpose statement; <br />Subd. 2, a detailed set of Regulations which all home occupations must follow; <br />Subd. 3, a list of Prohibited Occupations <br />Subd. 4, a policy statement regard Accommodation of Disabled Persons; and <br />Subd. 5, a requirement that existing home occupations become conforming within one year. <br />What the Draft Ordinance Does Do <br />It docs not establish multiple regulatory categories of home occupations. It merely creates a set of <br />standards which all home occupations must meet. As drafted, if a home occupation can’t meet the <br />standards, it is not allowed. If an existing home occupation doesn ’t meet the standards, it is in <br />violation of the zoning code and is treated as a zoning violation, subject to the legal processes <br />already established in the code for remedying such violations. <br />Options <br />Planning Commission should consider whether multiple regulatory' categories would be useful. It <br />is common for cities to have a licensing requirement just for those home occupations that have <br />certain characteristics, for example: <br />• employment of a non-occupant of the dwelling <br />- having customers or clients or their vehicles coming to the property <br />- manufacturing, assembly or processing of products or materials <br />- parking more than one vehicle used in the home occupation that is 3/4 ton or less capacity <br />and has attachments such as a plow, a glass carrier, etc. <br />- parking a vehicle used in the home occupation that exceeds 3/4 ton capacity <br />- the business produces any waste that should be t cated or regulated
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