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REQUEST FOR COUNCIL ACTION <br />Date: June 20,2001 <br />Item No.: <br />Department Approval: <br />Name: Michael P. GafTron <br />Title: Planning Director <br />Administrator Approval:Agenda Section: <br />Zoning <br />Item Description: Review of Home Occupation Definitions & Standards rc: “Employed <br />Assistants ” and Persons Not Residing in Residence <br />Existing Cedes <br />“Home Occupations” has been a permitted Accessory Use in “R” Districts since 1967. The <br />definition in the current zoning code is identical to that in the 1967 code, and reads as follows: <br />“Home Occupation ” - Any gainful occupation meeting all of the following requirements when <br />engaged in only by persons residing in their dwelling, when that occupation is conducted within the <br />principal structure only, when evidence of the occupation is not visible from the street. So signs <br />other than those permitted in "R“ Districts are present, no excessive stock in trade is stored on the <br />premises, over the counter retail sales are not involved, and entrance to the home occupation is <br />gained from within the structure. A professional person may use his residence for consultation, <br />emergency treatment or performance of religious rites but not for general practice of his profession <br />when such general practice wilt involve the need for more than three off-street parking spaces for <br />the occupant and visitors. ” <br />The 1967 Code entry for the “Home Occupation” accessory use in the R-1A zone merely referred <br />to the definition for standards and conditions. <br />The 1975 Zoning Code continued the 1967 definition, but added ro the Accessory Use code entry <br />specific conditions not found in the definition (highlighted below). That code section has not been <br />changed since 1975 and reads as follows: <br />"C Home Occupations. Any gainful occupation meeting all of the following requirements <br />when engaged in only hy persons residing in their dwelling, when there is no employed <br />assistant, when that occupation is conducted within the principal structure only, w hen <br />evidence of the occupation is not visible from the street, no signs other than those permitted in <br />"R" Districts are present, no c.xcessive stock in trade is stored on the premises, over the <br />counter retail sales are not involved, the entrance to the home occupation is gained from <br />within the structure, and the use does not adversely affect the character of the uses permitted <br />in the district in which it is located. A professional person may use lus residence for <br />consultation, emergency treatment or performance rf religious rites hut not for general <br />practice of his profession when such general practice will involve the need for more than three <br />off-street parking spaces for the occupant and visitors. " <br />__________(Current code cite is Section 10 20, Subd 4C: Accessory Uses in Kesidcntia! Zones)