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03-18-2002 Planning Packet
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03-18-2002 Planning Packet
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Recent Council interest in revisiting the home occupation issue was generated because stafThas been <br />recommending license approval for a small number of long-standing home occupations that have one <br />or more employees, in violation of the current code but not causing any problems. Council would <br />like to change the code simply to allow home occupations to have one non-resident employee under <br />certain conditions. Planning Commission is asked to make a recommendation regarding under what <br />specific circumstances and conditions a non-resident employee should be allowed. <br />Comprehensive Amendment Needed <br />A comprehensive approach to home occupations was addressed by Planning Commission in 1998, <br />but no code change resulted. The current code requires a]] home businesses to be licensed, regardless <br />of impact. There are probably dozens of home businesses in Orono that are technically out of <br />compliance, but they are so ‘non-impact ’ that they arc virtually invisible to their neighborhoods, and <br />it wouldn ’t even occur to the owners that they might need a City license. These home occupations <br />should be allowed to occur without any licensing or City interference as long as they remain ‘non <br />impact’. On the other hand, home businesses that have potential impacts on a neighborhood should <br />be regulated to minimize those impacts. The work done by Planning Commission in 1998 resulted <br />in a recommended ordinance that would establish strict performance standards for home occupations, <br />regulating via zoning enforcement rather than by licensing. <br />Staff Recommendation <br />Planning Commission should first address the issue of non-resident employees. Staff would <br />recommend the following as a stalling point tor discussion, in terms of a minimal revision to the <br />current “Accessory Use” and “Licensing" ordinances; <br />1. No one other than the occupant(s) of the dwelling, one (1) employee, customers or clients, <br />and deliver)' or scr\ icc personnel shall be on the property at any given time in relation to the <br />home occupation. <br />2. Under no circumstances shall there be more than one (1) employee working on the premises <br />at one time. No employee or combination of employees shall work on the premises for more <br />than forty (40) hours in one week. <br />3. The home occupation may employ additional non-resident employees only if their work- <br />activities arc perfomied off the premises. Personal vehicles of employees working off the <br />premises shall be parked within a building or shall be fully screened from the street and from <br />adjoining properties. <br />4. E.xisting home occupations, whether legally licensed or not, .shall be brought into conformity <br />with this ordinance within one year of its adoption. <br />Planning Commission may choose to aiso recommend that Council consider a more comprehensive <br />amendment such as that drafted in 1998. Planning Commission may wish to spend time revisiting <br />that draft now, or could choose to await Council direction. However, a public hearing has been <br />scheduled and published for your November 19 meeting regarding amending the Home Occupation <br />ordinances. <br />Page 2 of 2
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