05-19-1997 Planning Packet - Laserfiche WebLink

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3. TO:Chair Lindquist and Orono Planning Commissioners Ron Moorse, City Administrator FROM:Liz Van Zomeren, Cit> Planner/Zoning Administrator DATE:May 15, 1997 SUBJECT: Zoning Code Amendments regarding Home Occupations Background: Traditionally, in zoning, certain occupational uses termed "home occupations" have been allowed in dwelling units. Such uses have been allowed largely on the basis that such uses are incidental to the use of the premises as residence, that the nature of home occupational uses is such that they are compatible with or even "belong" in the home, or that a home occupational uses are of a highly professional nature involving the use of mental rather than physical capabilities and are therefore compatible with residential uses. All of the above criteria dely precise definition or interpretation. Definitions of home occupations by the above criteria has in some cases totally prohibited home occupations while in other instances allowed uses which markedly detract from the residential character of a neighborhood and thereby infringed upon the rights of surrounding residents. In the reaction to the fact that liberal home occupation ordinances allow a wide variety of uses that are extremely difficult to administer, enforce, and control, many communities have chosen the alternative to prohibit such uses altogether. It is recognized, however, in Orono, that certain home occupational uses are both useful to the general community as well as the resident-proprietor. It is also recognized that it is difficult to write an ordinance dealing with home occupations in a "middle-of-the-road" fashion, which is neither discriminatory nor arbitrary. It s hoped that both citizens and courts will recognize these difficulties. Current Regulations: The current regulations are inadequate to respond to the types of home occupations in the community. A spreadsheet of the current licensing activity is attached for your review. STAFF RECOMMENDATION: Staff requests that the Planning Commission schedule a work session with staff to discuss the following concerns relating to home occupations: A. B. Registration, Licensing, Administrative Process Rural vs. Urban occupations